reglab/statecodes huggingface dataset:
2023 Minnesota Statutes › Chapter 44 — City Merit Systems › Chapter 44 — Municipal Civil Service › Section 44.04 — Personnel Board.

44.04 PERSONNEL BOARD.
Subdivision 1.
Appointment, terms, oath.
Within 30 days after the effective date of the merit system ordinance in any municipality, a personnel board shall be appointed. Except as provided in subdivisions 2 and 3, the board shall consist of three members and be appointed by the mayor with the consent of the council. Each member shall serve for a term of three years, except that of the members first appointed, one shall be appointed for a term of one year, one for a term of two years, and one for a term of three years; and each shall serve until a successor is appointed and qualified. A member may be removed by the mayor with the consent of the council for cause after written notice and an opportunity to be heard. No member shall hold any other municipal position. Before entering upon the duties of office, each member shall subscribe and file with the city clerk or recorder an oath for the faithful discharge of the duties. A chair shall be elected under such rules as the board may adopt.
Subd. 2.
Police or firefighter's civil service commission, as personnel board.
When a merit system ordinance is adopted in any municipality having a police or firefighter's civil service commission, the existing commission shall become the personnel board and its members shall serve for the duration of terms for which they were originally appointed. Successors shall be appointed for three-year terms as provided in subdivision 1.
Subd. 3.
Membership reduced.
When a merit system ordinance is adopted in any municipality having both police and fire civil service commissions, all the members of such commission shall become the members of the board established under sections 44.01 to 44.16 and shall continue to serve as members of the new board for the remainder of the terms for which they were originally appointed. No successor shall be appointed for the members whose terms are the first, third, and fifth of the six to end, but at the end of every other term, one member shall be appointed for a three-year term, thus reducing the board membership to five by the end of the first year, four by the end of the second year, and three by the end of the third year.
Subd. 4.
Meetings.
The board shall hold regular and special meetings as provided by its rules. All meetings and hearings shall be open to the public. Two members of the board shall constitute a quorum. Members shall be paid all necessary expenses. The board shall select a secretary to serve at the pleasure of the board. The secretary may be a member of the board or an employee of the municipality. The council may authorize the payment of compensation for the secretary's services and for the members of the board in an amount to be determined by the council.
History:
1951 c 675 s 4; 1957 c 328 s 1; 1973 c 123 art 5 s 7; 1977 c 429 s 63; 1986 c 444; 1987 c 216 s 1
2023 Minnesota Statutes › Chapter 44 — City Merit Systems › Chapter 44 — Municipal Civil Service › Section 44.05 — Positions; Graded, Classified.

44.05 POSITIONS; GRADED, CLASSIFIED.
The board shall, as soon as practicable after its appointment and organization and after consultation with appointing authorities and principal supervisory officials, grade and classify all positions in the classified service according to the duties and responsibilities of each position and appropriate lines of promotion and it shall allocate each position in the classified service to the appropriate class therein. The titles in the classification plan shall be used for original appointments, promotions, payrolls, and all other personnel records, and rates of pay shall be fixed according to the grades of positions established in the classification plan. The board shall prepare and maintain an employment roster on which shall be entered in their respective classes of employment, the names, ages, compensation, period of past employment and such other facts with reference to each employee in the classified service as the board deems useful.
History:
1951 c 675 s 5
2023 Minnesota Statutes › Chapter 44 — City Merit Systems › Chapter 44 — Municipal Civil Service › Section 44.06 — Appointments, Promotions.

44.06 APPOINTMENTS, PROMOTIONS.
Subdivision 1.
Competitive examinations.
Every appointment or promotion to a position in the classified service shall be made after a competitive examination given by the board or under its direction as provided in section 44.07.
Subd. 2.
Lists of eligibles.
The board shall, as the need arises, prepare and maintain lists of eligibles for classes of positions in the classified service in accordance with their standing in examinations, taking into account the credit given war veterans by section 197.455.
Subd. 3.
Three names certified.
Whenever a vacancy occurs in a position in the classified service, the appointing authority shall notify the board of the vacancy. The board shall certify to the appointing authority the three names standing highest on the appropriate eligible list. If two or more vacancies are to be filled in the same class, the board shall certify two more names than the number of vacancies to be filled. The appointing authority shall appoint one person from the names so certified to fill each vacancy.
Subd. 4.
Temporary employment.
An appointing authority may, to the extent authorized by the rules of the board, temporarily employ persons on eligible lists but without regard to rank thereon for a period not to exceed 90 days in emergencies and may provisionally employ persons for not more than 90 days when necessary because of the lack of eligibles on the eligible list. No person shall serve as a temporary or provisional employee for more than 90 days in any calendar year.
History:
1951 c 675 s 6; 1978 c 674 s 10
2023 Minnesota Statutes › Chapter 44 — City Merit Systems › Chapter 44 — Municipal Civil Service › Section 44.07 — Examinations.

44.07 EXAMINATIONS.
Subdivision 1.
Requirements.
Every examination shall be impartial, fair, and designed only to test the relative qualification and fitness of applicants to discharge the duties of the particular position for which it is designed. No questions in any examination shall relate to the political or religious convictions or affiliations of the applicant. All applicants for positions of trust and responsibility shall be specially examined as to moral character, sobriety, and integrity, and all applicants for positions requiring special experience, skill, or faithfulness shall be especially examined in respect to those qualities. Within these limits, the board may make use of any appropriate testing technique, including oral examinations or interviews.
Subd. 2.
Notice.
Public notice of the time and place of an examination shall be given by one publication in the official newspaper of the municipality, or in a newspaper of general circulation in the municipality if there is no official newspaper, at least ten days in advance of the examination and by posting for a similar period. A written notice shall also be mailed in advance of the examination to each person who has submitted an application for the position to the board before the public notice is given.
Subd. 3.
Examiners.
It shall be the duty of every employee of the municipality to act as an examiner at the request of the board without additional compensation for such service. The board may make use of other qualified persons who are not employees of the municipality to act as examiners.
History:
1951 c 675 s 7; 1986 c 444
2023 Minnesota Statutes › Chapter 44 — City Merit Systems › Chapter 44 — Municipal Civil Service › Section 44.08 — Permanent Employees, Dismissal, Suspension.

44.08 PERMANENT EMPLOYEES, DISMISSAL, SUSPENSION.
Subdivision 1.
Just cause; notice, charges filed.
No permanent employee in the classified service shall be dismissed or suspended without pay for more than 30 days, except for just cause, which shall not be religious, racial, or political. No such action shall be taken except after the employee has been given notice of the action in writing. A copy of the notice shall be transmitted to the board. Upon written request made by the employee within 15 days after receipt of such notice, the appointing authority shall file the charges of inefficiency or misconduct on which the dismissal or suspension is based with the employee concerned and with the secretary of the board and a hearing shall be held by the board thereon after 10 days' written notice to the employee of the time and place of the hearing. Action of the appointing authority shall be final if no such written request is made within 15 days after receipt of the notice of dismissal or suspension.
Subd. 2.
Public hearing, witnesses.
The hearing on the charges shall be open to the public and each member of the board shall have the power to issue subpoenas, to administer oaths, and to compel the attendance and testimony of witnesses and the production of books and papers relevant to the investigation. The board shall require by subpoena the attendance of any witness requested by the employee who can be found in the county. The board may make complaint to the district court of disobedience of its subpoenas or orders and the court shall prescribe notice to the person accused and require obedience to the board's subpoena and order and punish disobedience as a contempt of court. Witnesses shall be entitled to the same fees and mileage as for attendance upon the district court, except that any officer, agent, or employee of the municipality who receives compensation shall not be entitled to fees or mileage.
Subd. 3.
Determination.
If, after the hearing, the board finds that the charges are sustained, the dismissal or suspension shall be final unless an appeal to the courts is taken under section 44.09. If the board finds that the charges are not sustained, the employee, if suspended pending investigation, shall be immediately reinstated and shall be paid all back pay due for the period of suspension; if not suspended, the employee shall be continued in the position as though the action had not been brought, subject to the right of the appointing authority to appeal as provided in section 44.09.
Subd. 4.
Findings; filing, notice.
Findings hereunder and orders sustaining disciplinary actions or compelling reinstatement shall be in writing and shall be filed within three days after the completion of the hearing among the records of the secretary of the board. The secretary shall give written notice of the decision to any employee concerned and to the appointing authority.
History:
1951 c 675 s 8; 1986 c 444
2023 Minnesota Statutes › Chapter 44 — City Merit Systems › Chapter 44 — Municipal Civil Service › Section 44.09 — Appeals.

44.09 APPEALS.
Subdivision 1.
Notice.
The employee or the appointing authority may appeal to the district court from an order of the board concerning the employee's dismissal or suspension without pay for more than 30 days by serving written notice of the appeal upon the secretary of the board within ten days after receiving written notice of the board's order.
Subd. 2.
Certification of record.
Within five days after receiving service of the notice, the secretary shall certify the record of the proceedings, including all documents, testimony, and minutes to the court administrator of the district court. The administrator shall then place the cause on the calendar for determination at the next general term of the court to be held at the nearest place in the county where the municipality is located. The question to be determined by the court shall be: "Was the order of the personnel board reasonably supported by the evidence?"
Subd. 3.
Appeal.
The employee or the appointing authority may appeal from the district court as in other civil cases.
History:
1951 c 675 s 9; 1983 c 247 s 22; 1986 c 444; 1Sp1986 c 3 art 1 s 82
2023 Minnesota Statutes › Chapter 44 — City Merit Systems › Chapter 44 — Municipal Civil Service › Section 44.10 — Probationary Period.

44.10 PROBATIONARY PERIOD.
Subdivision 1.
Employees in classified service.
(a) Except as provided in paragraph (b) and subdivision 2, every person holding a position in the classified service of a municipality on the effective date of the merit system ordinance and every person subsequently appointed to such a position shall serve a probationary period of six months.
(b) The probationary period for a peace officer is 12 months.
(c) During the probationary period described in this subdivision, the person may be dismissed summarily without compliance with section 44.08, but the dismissal shall be in writing and reported to the board.
Subd. 2.
Police or fire department employees.
Subject to the completion of an existing probationary period, any permanent employee of a police or fire department under the jurisdiction of a police or fire civil service commission at the time of the effective date of a merit system ordinance shall automatically become a permanent employee in the classified service subject to and protected by this chapter without the service of any additional probationary period thereunder for the position then occupied.
History:
1951 c 675 s 10; 1986 c 444; 2010 c 186 s 2
2023 Minnesota Statutes › Chapter 44 — City Merit Systems › Chapter 44 — Municipal Civil Service › Section 44.12 — Expenses, Payment.

44.12 EXPENSES, PAYMENT.
Whenever the classified service includes employees who are under the jurisdiction of a board or commission with authority independent of the council to appropriate money and pay bills, the personnel board's expenses incurred in recruiting such employees shall be paid by the independent board or commission concerned; and the board shall provide for the apportionment of general expenses of the board between the funds of the council and the funds of such independent boards or commissions in the proportion that the number of full-time employees of each in the classified service bears to the total number of full-time employees in the classified service. The council and each independent board and commission shall provide for the payment of all reasonable expenses of the board thus apportioned to it; and the council shall provide for the payment of all reasonable expenses of the board in all other cases.
History:
1951 c 675 s 12
2023 Minnesota Statutes › Chapter 44 — City Merit Systems › Chapter 44 — Municipal Civil Service › Section 44.13 — Contracts, Technical Services.

44.13 CONTRACTS, TECHNICAL SERVICES.
With the approval of the council or independent board or commission responsible in the particular case for the payment of the cost incurred, the board may contract with the state or any other political subdivision, or any public or private agency, for the conduct of competitive examinations, for the formulation of classification plans, or for the performance of any other technical service in connection with the discharge of its duties under this chapter.
History:
1951 c 675 s 13
2023 Minnesota Statutes › Chapter 44 — City Merit Systems › Chapter 44 — Municipal Civil Service › Section 44.14 — Effect On Veterans Preference Law.

44.14 EFFECT ON VETERANS PREFERENCE LAW.
This chapter does not exclude or modify the application of sections 197.455 and 197.46.
History:
1951 c 675 s 14; 1975 c 45 s 3
2023 Minnesota Statutes › Chapter 44 — City Merit Systems › Chapter 44 — Municipal Civil Service › Section 44.15 — Prohibited Practices.

44.15 PROHIBITED PRACTICES.
Subdivision 1.
Influencing examination, appointment, or promotion.
No applicant for examination, appointment or promotion in the classified service of a municipality shall directly or indirectly give, render, or pay, or promise to give, render or pay, any money, service or other thing to any person, for or on account of, or in connection, with an examination, appointment or proposed appointment or promotion. Any person violating this provision shall be guilty of a misdemeanor.
Subd. 2.
By employee.
No employee in the classified service shall directly or indirectly solicit or receive or be in any manner concerned in soliciting or receiving any assistance, assessment, or subscription, whether voluntary or involuntary, for any political purpose whatsoever, or for any political party or affiliate. Any violation of this provision shall be cause for dismissal from the service of the municipality.
History:
1951 c 675 s 15; 1986 c 444
2023 Minnesota Statutes › Chapter 44 — City Merit Systems › Chapter 44 — Municipal Civil Service › Section 44.16 — Merit System, Abandonment.

44.16 MERIT SYSTEM, ABANDONMENT.
Subdivision 1.
Procedure.
The merit system may be abandoned and the board abolished in any municipality in the manner provided in this subdivision. The council may, and upon petition therefor signed by voters equal in number to at least 25 percent of the electors voting at the last general municipal election shall, submit to the voters at a regular or special election the question of abolition of the board. The question on the ballot shall be stated substantially as follows: "Shall the personnel board be abolished?" If a majority of the votes cast on the proposition is in favor of abolition of the board, the board shall cease to exist and the status of all departments and employees shall thereafter be the same as if no board had been established; but if the board supplanted a police or firefighter's civil service commission, the board shall not be abolished unless two-thirds of the electors voting at the election vote in favor of the proposition.
Subd. 2.
Home rule charter provisions.
Nothing in subdivision 1 shall preclude any municipality from abolishing the board or modifying its powers and duties by home rule charter provisions or from supplanting the merit system provided by this chapter by a different provision in a home rule charter. The provisions of this chapter shall thereafter become inapplicable to such city except as otherwise provided in the charter.
History:
1951 c 675 s 16; 1977 c 429 s 63
2023 Minnesota Statutes › Chapters 44A - 45A — Commerce › Chapter 45 — Department Of Commerce; General Powers › Section 45.011 — Definitions.

45.011 DEFINITIONS.
Subdivision 1.
Scope.
As used in chapters 45 to 80C, 80E to 83, 155A, 216C, 332, 332A, 332B, 345, and 359, and sections 81A.22 to 81A.37; 123A.21, subdivision 7, paragraph (a), clause (23); 123A.25; 325D.30 to 325D.42; 326B.802 to 326B.885; 386.62 to 386.78; 471.617; and 471.982, unless the context indicates otherwise, the terms defined in this section have the meanings given them.
Subd. 2.
Commissioner.
"Commissioner" means the commissioner of commerce.
Subd. 3.
Department.
"Department" means the Department of Commerce.
Subd. 4.
Duties and responsibilities entrusted to the commissioner.
"Duties and responsibilities entrusted to the commissioner" includes the administration of those chapters referred to in subdivision 1 and chapter 115C, as well as rules adopted or orders issued under those chapters.
History:
1983 c 289 s 11; 1993 c 204 s 1,2; 1994 c 385 s 1,2; 1996 c 439 art 1 s 2; 1997 c 222 s 1; 1Sp2001 c 5 art 20 s 4; 2006 c 212 art 1 s 3; 2007 c 57 art 3 s 22007 c 140 art 8 s 30; art 13 s 4; 2009 c 37 art 4 s 1; 2009 c 178 art 1 s 1; 2011 c 108 s 1; 2016 c 158 art 1 s 17; 2018 c 155 s 1; 2018 c 192 art 2 s 1
2023 Minnesota Statutes › Chapters 44A - 45A — Commerce › Chapter 45 — Department Of Commerce; General Powers › Section 45.0112 — Street And Email Addresses Required.

45.0112 STREET AND EMAIL ADDRESSES REQUIRED.
Licensees or applicants for licenses issued by the commissioner shall provide to the commissioner a residence telephone number, a street address where the licensee actually resides, a street address where the licensee's business is physically located, and a current email address for business use. The individual shall notify the department of any change in street address, email address for business use, or residence telephone number within ten days.
History:
1997 c 222 s 3; 2010 c 384 s 1
2023 Minnesota Statutes › Chapters 44A - 45A — Commerce › Chapter 45 — Department Of Commerce; General Powers › Section 45.012 — Commissioner.

45.012 COMMISSIONER.
(a) The Department of Commerce is under the supervision and control of the commissioner of commerce. The commissioner is appointed by the governor in the manner provided by section 15.06.
(b) Data that is received by the commissioner or the commissioner's designee by virtue of membership or participation in an association, group, or organization that is not otherwise subject to chapter 13 is confidential or protected nonpublic data but may be shared with the department employees as the commissioner considers appropriate. The commissioner may release the data to any person, agency, or the public if the commissioner determines that the access will aid the law enforcement process, promote public health or safety, or dispel widespread rumor or unrest.
(c) It is part of the department's mission that within the department's resources the commissioner shall endeavor to:
(1) prevent the waste or unnecessary spending of public money;
(2) use innovative fiscal and human resource practices to manage the state's resources and operate the department as efficiently as possible;
(3) coordinate the department's activities wherever appropriate with the activities of other governmental agencies;
(4) use technology where appropriate to increase agency productivity, improve customer service, increase public access to information about government, and increase public participation in the business of government;
(5) utilize constructive and cooperative labor-management practices to the extent otherwise required by chapters 43A and 179A;
(6) report to the legislature on the performance of agency operations and the accomplishment of agency goals in the agency's biennial budget according to section 16A.10, subdivision 1; and
(7) recommend to the legislature appropriate changes in law necessary to carry out the mission and improve the performance of the department.
(d) The commissioner also has all the powers and responsibilities and shall perform all the duties previously assigned to the commissioner of public service and the Department of Public Service under chapters 216, 216A, 216B, 216C, 237, 238, 239, and other statutes prior to the date of final enactment of Laws 2001, First Special Session chapter 4, except in the case where those powers, responsibilities, or duties have been specifically otherwise assigned by law.
History:
1983 c 289 s 12; 1992 c 564 art 1 s 1; 1995 c 248 art 11 s 5; 1998 c 366 s 52; 1Sp2001 c 4 art 6 s 14
2023 Minnesota Statutes › Chapters 44A - 45A — Commerce › Chapter 45 — Department Of Commerce; General Powers › Section 45.013 — Power To Appoint Staff.

45.013 POWER TO APPOINT STAFF.
The commissioner of commerce may appoint four deputy commissioners, four assistant commissioners, and an assistant to the commissioner. Those positions, as well as that of a confidential secretary, are unclassified. The commissioner may appoint other employees necessary to carry out the duties and responsibilities entrusted to the commissioner.
History:
1983 c 289 s 13
2023 Minnesota Statutes › Chapters 44A - 45A — Commerce › Chapter 45 — Department Of Commerce; General Powers › Section 45.014 — Seal Of Department Of Commerce.

45.014 SEAL OF DEPARTMENT OF COMMERCE.
The commissioner of commerce shall devise a seal for official use as the seal of the Department of Commerce. The seal must be capable of being legibly reproduced under photographic methods. A description of the seal, and a copy of it, must be filed in the Office of the Secretary of State.
History:
1995 c 202 art 1 s 1
2023 Minnesota Statutes › Chapters 44A - 45A — Commerce › Chapter 45 — Department Of Commerce; General Powers › Section 45.015 — Proof Of Mailing.

45.015 PROOF OF MAILING.
In any provision of law related to the duties and responsibilities entrusted to the commissioner, and unless a different method is specified, when a person is required to provide notice or perform a similar act, this action may be accomplished by mail, and proof of mailing is sufficient to prove compliance with the requirement.
History:
1994 c 485 s 1
2023 Minnesota Statutes › Chapters 44A - 45A — Commerce › Chapter 45 — Department Of Commerce; General Powers › Section 45.016 — Service Of Orders Or Other Papers.

45.016 SERVICE OF ORDERS OR OTHER PAPERS.
Service of orders or other papers required or permitted to be issued by the commissioner related to the duties and responsibilities entrusted to the commissioner may be by any of the following methods:
(1) personal service consistent with requirements for service of a summons or process under section 303.13 or 543.19, or under rule 4.03 of the Minnesota Rules of Civil Procedure;
(2) first class United States mail, including certified United States mail, or overnight express mail service, postage prepaid and addressed to the party at the party's last known address. Service by United States mail, including certified mail, is complete upon placing the order or other paper in the mail or otherwise delivering the order or other paper to the United States mail service. Service by overnight express mail service is complete upon delivering the order or other document to an authorized agent of the express mail service; or
(3) any other method of service provided under the laws relating to duties and responsibilities entrusted to the commissioner.
History:
1996 c 439 art 1 s 3
2023 Minnesota Statutes › Chapters 44A - 45A — Commerce › Chapter 45 — Department Of Commerce; General Powers › Section 45.022 — Consumer Satisfaction; Commerce.

45.022 CONSUMER SATISFACTION; COMMERCE.
(a) The commissioner of commerce shall submit a memorandum each year to the governor and the chairs of the house of representatives and senate standing committees with jurisdiction over the department's programs that provides the following information:
(1) the number of calls made to each of the department's help lines by consumers and citizens regarding the services provided by the department;
(2) the program area related to the call;
(3) the number of calls resolved at the department;
(4) the number of calls that were referred to a county agency for resolution;
(5) the number of calls that were referred elsewhere for resolution;
(6) the number of calls that remain open; and
(7) the number of calls that were without merit.
(b) The initial memorandum shall be submitted no later than February 15, 2012, with subsequent memoranda submitted no later than February 15 each following year.
(c) The commissioner shall publish the annual memorandum on the department's website each year no later than March 1.
History:
2010 c 329 art 1 s 22
2023 Minnesota Statutes › Chapters 44A - 45A — Commerce › Chapter 45 — Department Of Commerce; General Powers › Section 45.023 — Rules.

45.023 RULES.
The commissioner of commerce may adopt, amend, suspend, or repeal rules in accordance with chapter 14, and as otherwise provided by law, whenever necessary or proper in discharging the commissioner's official responsibilities.
History:
1983 c 289 s 14; 1984 c 640 s 32; 1995 c 233 art 2 s 56
2023 Minnesota Statutes › Chapters 44A - 45A — Commerce › Chapter 45 — Department Of Commerce; General Powers › Section 45.024 — Hearings.

45.024 HEARINGS.
Subdivision 1.
General.
In any case in which the commissioner of commerce is required by law to conduct a hearing, the hearing must be conducted in accordance with chapter 14 and other applicable laws.
Subd. 2.
Delegation.
The commissioner of commerce may delegate to a deputy commissioner, assistant commissioner, or director the exercise of the commissioner's statutory powers and duties, including the authority to decide and issue final orders in contested cases, rulemaking proceedings, and other hearings held under chapter 14.
This delegation is in addition to, and does not in any way limit, the commissioner's authority to delegate pursuant to section 15.06, subdivision 6, or any other law.
History:
1983 c 289 s 15; 1987 c 337 s 2; 1994 c 485 s 2
2023 Minnesota Statutes › Chapters 44A - 45A — Commerce › Chapter 45 — Department Of Commerce; General Powers › Section 45.026 — Regulation Of Business Of Financial Planning.

45.026 REGULATION OF BUSINESS OF FINANCIAL PLANNING.
Subdivision 1.
Definitions.
For the purposes of this section, the following terms have the meanings given them:
(a) "Person" means an individual, corporation, partnership, joint venture, joint stock association, trust, or unincorporated association.
(b) "Financial planner" means a person who, on advertisements, cards, signs, circulars, letterheads, or in another manner, indicates that the person is a "financial planner," "financial counselor," "financial adviser," "investment counselor," "investment adviser," "financial consultant," or other similar designation, title, or combination is considered to be representing that the person is engaged in the business of financial planning.
(c) "Advertisement" includes:
(1) printed or published material, audiovisual material, and descriptive literature of a financial planner used in direct mail, newspapers, magazines, other periodicals, radio scripts, television scripts, billboards, and other similar displays, excluding advertisements prepared for the sole purpose of obtaining employees, agents, or agencies;
(2) descriptive literature and sales ads of all kinds issued by a financial planner for presentation to members of the public, including but not limited to, circulars, leaflets, booklets, depictions, illustrations, and form letters;
(3) prepared sales talks, presentations, and materials for use by a financial planner and any representations made by a financial planner in accordance with these talks, presentations, and materials; and
(4) statements, written or oral, by a financial planner.
Subd. 2.
Fiduciary duty.
Persons who represent that they are financial planners have a fiduciary duty to persons for whom services are performed for compensation. In an action for breach of fiduciary duty, a person may recover actual damages resulting from the breach, together with costs and disbursements.
Subd. 3.
Penalty.
A financial planner is subject to section 45.027, subdivision 5.
History:
1987 c 336 s 1
2023 Minnesota Statutes › Chapters 44A - 45A — Commerce › Chapter 45 — Department Of Commerce; General Powers › Section 45.028 — Service Of Process.

45.028 SERVICE OF PROCESS.
Subdivision 1.
Requirement.
(a) When a person, including any nonresident of this state, engages in conduct prohibited or made actionable by chapters 45 to 83, 155A, 309, and 332, and section 326B.802, or any rule or order under those chapters, and the person has not filed a consent to service of process under chapters 45 to 83, 155A, 309, and 332, and section 326B.802, that conduct is equivalent to an appointment of the commissioner as the person's attorney to receive service of process in any noncriminal suit, action, or proceeding against the person which is based on that conduct and is brought under chapters 45 to 83, 155A, 309, and 332, and section 326B.802, or any rule or order under those chapters.
(b) Subdivision 2 applies in all other cases under chapters 45 to 83, 155A, 309, and 332, and section 326B.802, or any rule or order under those chapters, in which a person, including a nonresident of this state, has filed a consent to service of process. This paragraph supersedes any inconsistent provision of law.
(c) Subdivision 2 applies in all cases in which service of process is allowed to be made on the commissioner of commerce.
Subd. 2.
How made.
Service of process under this section may be made by leaving a copy of the process in the office of the commissioner, or by sending a copy of the process to the commissioner by certified mail, and is not effective unless: (1) the plaintiff, who may be the commissioner in an action or proceeding instituted by the commissioner, sends notice of the service and a copy of the process by certified mail to the defendant or respondent at the last known address; and (2) the plaintiff's affidavit of compliance is filed in the action or proceeding on or before the return day of the process, if any, or within further time as the court allows.
History:
1987 c 336 s 3; 1989 c 209 art 2 s 5; 1989 c 330 s 3; 1992 c 564 art 2 s 1; 1997 c 222 s 4; 1999 c 137 s 3; 2007 c 140 art 8 s 30; art 13 s 4
2023 Minnesota Statutes › Chapters 44A - 45A — Commerce › Chapter 45 — Department Of Commerce; General Powers › Section 45.029 — Financial Statement.

45.029 FINANCIAL STATEMENT.
Wherever used in chapters 45 to 83, or rules adopted thereunder, the term "certified" as applied to balance sheets, profit and loss statements or other financial statements shall be construed as meaning an audited financial statement prepared in accordance with generally accepted accounting principles that has been examined by an independent certified public accountant for the purpose of expressing an opinion. The opinion by the certified public accountant shall contain a statement that it fairly represents the financial position of the organization or person.
History:
1987 c 336 s 4
2023 Minnesota Statutes › Chapters 44A - 45A — Commerce › Chapter 45 — Department Of Commerce; General Powers › Section 45.0291 — Department Bonds.

45.0291 DEPARTMENT BONDS.
Bonds issued under chapters 45 to 83, 309, 332, and sections 326B.802 to 326B.885, are not state bonds or contracts for purposes of sections 8.05 and 16C.05, subdivision 2.
History:
1992 c 564 art 4 s 1; 1998 c 386 art 2 s 22; 2007 c 140 art 8 s 30; art 13 s 4
2023 Minnesota Statutes › Chapters 44A - 45A — Commerce › Chapter 45 — Department Of Commerce; General Powers › Section 45.0292 — License Reciprocity.

45.0292 LICENSE RECIPROCITY.
The commissioner may waive all or part of the requirements of prelicense education, examination, and continuing education for individuals of other jurisdictions if:
(1) a written reciprocal licensing agreement is in effect between the commissioner and the licensing officials of that jurisdiction;
(2) the individual is licensed in that jurisdiction; and
(3) the licensing requirements of that jurisdiction are substantially similar to the corresponding licensing requirements of the Commerce Department.
History:
1997 c 222 s 5
2023 Minnesota Statutes › Chapters 44A - 45A — Commerce › Chapter 45 — Department Of Commerce; General Powers › Section 45.21 — Application Fees.

45.21 APPLICATION FEES.
Subdivision 1.
Fee refunds.
Refunds must not be given other than for overpayment of fees. Overpayment means any payment of money in excess of a statutory fee or for a license for which a person does not qualify. An overpayment of a fee must be returned upon proper application by the applicant. If an applicant requests a refund of an overpayment, the request must be received by the commissioner within six months of the date of deposit or the overpayment will be forfeited. An overpayment of a fee may be returned to the person entitled to it upon determination by the commissioner that an overpayment was made.
Subd. 2.
Withdrawal of application.
An application that is incomplete is considered withdrawn if the applicant does not submit a complete application within six months of the date the application was received. The application fee is nonrefundable if an application is withdrawn according to this subdivision.
History:
2005 c 100 s 1
2023 Minnesota Statutes › Chapters 44A - 45A — Commerce › Chapter 45 — Department Of Commerce; General Powers › Section 45.22 — License Education Approval.

45.22 LICENSE EDUCATION APPROVAL.
License education courses must be approved in advance by the commissioner. Each education provider who offers a license education course must be approved by the commissioner. Each approved education provider must have at least one coordinator who meets the criteria specified in this chapter, and who is responsible for supervising the educational program and assuring compliance with all laws and rules.
History:
2005 c 100 s 2; 2006 c 255 s 1; 2009 c 63 s 1,78; 2014 c 222 art 1 s 1
2023 Minnesota Statutes › Chapters 44A - 45A — Commerce › Chapter 45 — Department Of Commerce; General Powers › Section 45.23 — License Education Fees.

45.23 LICENSE EDUCATION FEES.
The following fees must be paid to the commissioner:
(1) initial course approval, $10 for each hour or fraction of one hour of education course approval sought. Initial course approval expires on the last day of the 24th month after the course is approved;
(2) renewal of course approval, $10 per course. Renewal of course approval expires on the last day of the 24th month after the course is renewed;
(3) initial education provider approval, $100. Initial education provider approval issued under this section is valid for a period not to exceed 24 months and expires on January 31 of the renewal year assigned by the commissioner; and
(4) renewal of education provider approval, $10. Each renewal of education provider approval is valid for a period of 24 months.
History:
1Sp2005 c 1 art 4 s 3; 2006 c 255 s 2; 2009 c 63 s 2,78; 2014 c 222 art 1 s 2
2023 Minnesota Statutes › Chapters 44A - 45A — Commerce › Chapter 45 — Department Of Commerce; General Powers › Section 45.24 — License Technology Fees.

45.24 LICENSE TECHNOLOGY FEES.
(a) The commissioner may establish and maintain an electronic licensing database system for license origination, renewal, and tracking the completion of continuing education requirements by individual licensees who have continuing education requirements, and other related purposes.
(b) The commissioner shall pay for the cost of operating and maintaining the electronic database system described in paragraph (a) through a technology surcharge imposed upon the fee for license origination and renewal, for individual licenses that require continuing education.
(c) The surcharge permitted under paragraph (b) shall be up to $40 for each two-year licensing period, except as otherwise provided in paragraph (f), and shall be payable at the time of license origination and renewal.
(d) The Commerce Department technology account is hereby created as an account in the special revenue fund.
(e) The commissioner shall deposit the surcharge permitted under this section in the account created in paragraph (d), and funds in the account are appropriated to the commissioner in the amounts needed for purposes of this section. The commissioner of management and budget shall transfer an amount determined by the commissioner of commerce from the account to the statewide electronic licensing system account under section 16E.22 for the costs of the statewide licensing system attributable to the inclusion of licenses subject to this section.
(f) The commissioner shall temporarily reduce or suspend the surcharge as necessary if the balance in the account created in paragraph (d) exceeds $2,000,000 as of the end of any calendar year and shall increase or decrease the surcharge as necessary to keep the fund balance at an adequate level but not in excess of $2,000,000.
History:
2007 c 57 art 3 s 3; 2009 c 101 art 2 s 66,109
2023 Minnesota Statutes › Chapters 44A - 45A — Commerce › Chapter 45 — Department Of Commerce; General Powers › Section 45.26 — Payment Of Fees.

45.26 PAYMENT OF FEES.
Subdivision 1.
Manner of payment.
All fees must be paid by check, draft, or other negotiable or nonnegotiable instrument or order of withdrawal that is drawn against funds held by a financial institution. Cash will not be accepted.
Subd. 2.
Refunds.
An overpayment of a course or coordinator approval fee must be refunded within 90 days after a letter requesting the refund is received by the commissioner and signed by the person making the overpayment.
Refunds must not be given for other than overpayment of fees. A request for a refund of an overpayment must be received by the commissioner within six months of the date of deposit or it will be forfeited.
History:
2009 c 63 s 4,78
2023 Minnesota Statutes › Chapters 44A - 45A — Commerce › Chapter 45 — Department Of Commerce; General Powers › Section 45.27 — Forms.

45.27 FORMS.
All forms required by this chapter must be made in the form set forth by the commissioner. Forms may be duplicated, but must be readable. Computer generated lists and forms with the same information as required in existing forms must be accepted by the department if prior approval is granted by the department.
History:
2009 c 63 s 5,78
2023 Minnesota Statutes › Chapters 44A - 45A — Commerce › Chapter 45 — Department Of Commerce; General Powers › Section 45.28 — Textbooks Required.

45.28 TEXTBOOKS REQUIRED.
All prelicense courses must require the use of a textbook or a detailed workbook. The textbook or workbook must cover the subject matter of the course and must be current.
History:
2009 c 63 s 6,78
2023 Minnesota Statutes › Chapters 44A - 45A — Commerce › Chapter 45 — Department Of Commerce; General Powers › Section 45.29 — Initial Education.

45.29 INITIAL EDUCATION.
Subdivision 1.
Content.
Successful completion of prelicense education includes full-time attendance throughout the course, completion of required assignments or reading material if applicable, and passage of an examination designed by the education provider that is sufficiently comprehensive to measure the student's knowledge of all aspects of the course.
Prelicensing courses may include coverage of subject matter not prescribed in this section. However, the subject matter must be presented in addition to, and must not be substituted for, the course content or hours specified for the particular industry. A student must not be required to pass an examination, or part of an examination, on this material in order to be able to obtain a license.
Subd. 2.
Course submission.
Courses must be submitted by the coordinator, instructor, or education provider at least 30 days before the initial offering of the course.
History:
2009 c 63 s 7,78
2023 Minnesota Statutes › Chapters 44A - 45A — Commerce › Chapter 45 — Department Of Commerce; General Powers › Section 45.301 — On-demand Continuing Education; Requirements.

45.301 ON-DEMAND CONTINUING EDUCATION; REQUIREMENTS.
Subdivision 1.
On-demand course requirements.
An on-demand continuing education course offered online must:
(1) specify the minimum system requirements;
(2) provide encryption that ensures that all personal information, including the student's name, address, and credit card number, cannot be read as it passes across the Internet;
(3) include technology to guarantee seat time;
(4) include a high level of interactivity;
(5) include graphics that reinforce the content;
(6) include the ability for the student to contact an instructor within a reasonable amount of time;
(7) include the ability for the student to get technical support within a reasonable amount of time;
(8) include a statement that the student's information will not be sold or distributed to any third party without prior written consent of the student. Taking the course does not constitute consent;
(9) be available 24 hours a day, seven days a week, excluding minimal down time for updating and administration;
(10) provide viewing access to the online course at all times to the commissioner, excluding minimal down time for updating and administration;
(11) include a process to authenticate the student's identity;
(12) inform the student and the commissioner how long after its purchase a course will be accessible;
(13) inform the student that license education credit will not be awarded for taking the course after it loses its status as an approved course;
(14) provide clear instructions on how to navigate through the course;
(15) provide automatic bookmarking at any point in the course;
(16) provide questions after each unit or chapter that must be answered before the student can proceed to the next unit or chapter;
(17) include a reinforcement response when a quiz question is answered correctly;
(18) include a response when a quiz question is answered incorrectly;
(19) include a final examination;
(20) allow the student to go back and review any unit at any time, except during the final examination;
(21) provide a course evaluation at the end of the course. At a minimum, the evaluation must ask the student to report any difficulties caused by the online education delivery method; and
(22) provide a completion certificate when the course and exam have been completed and the provider has verified the completion. Electronic certificates are sufficient.
Subd. 2.
Final examination.
The final examination must be either an encrypted online examination or a paper examination that is monitored by a proctor who certifies that the student took the examination. The student must not be allowed to review the course content once the examination has begun.
History:
2022 c 74 s 5
2023 Minnesota Statutes › Chapters 44A - 45A — Commerce › Chapter 45 — Department Of Commerce; General Powers › Section 45.304 — Verification Requirements.

45.304 VERIFICATION REQUIREMENTS.
An on-demand course must not be approved unless it is objectively verifiable that:
(1) it includes a closed-book, end-of-course examination; and
(2) successful completion of the end-of-course examination can be objectively documented.
History:
2011 c 108 s 7; 2022 c 74 s 8
2023 Minnesota Statutes › Chapters 44A - 45A — Commerce › Chapter 45 — Department Of Commerce; General Powers › Section 45.307 — Education Provider.

45.307 EDUCATION PROVIDER.
Subdivision 1.
Duty to make records and data available to commissioner.
A person applying for approval as an education provider must make available upon request such records and data required by the commissioner to administer the provisions and further the purposes of this chapter.
Subd. 2.
Responsibility for actions of coordinators and instructors.
An education provider is responsible for any actions taken by one or more of its coordinators or instructors in the course of performing activities associated with license education courses provided under this chapter.
Subd. 3.
Responsibility for approval of coordinator.
An education provider must ensure that an individual acting as a coordinator on its behalf under this chapter has received prior approval from the commissioner to act as a coordinator.
History:
2009 c 63 s 11,78; 2013 c 135 art 3 s 4