2023 Minnesota Statutes › Chapters 82 - 83 — Real Estate Sales Regulations › Chapter 83 — Subdivided Lands › Section 83.35 — Enforcement; Powers Of Commissioner.

83.35 ENFORCEMENT; POWERS OF COMMISSIONER.
Subdivision 1.
Registration; revocation or suspension.
After notice and hearing, the commissioner may suspend or revoke a registration on finding that the subdivider or person has:
(1) violated any provision of sections 83.20 to 83.42, 83.43 and 83.44 or any lawful order or rule of the commissioner;
(2) directly or through an agent or employee knowingly engaged in any false, deceptive, or misleading advertising, promotional or sales methods to offer to dispose of an interest in subdivided lands;
(3) made any material change in the advertising, plan of disposition, or development of the subdivided lands subsequent to the order of registration without obtaining prior approval from the commissioner;
(4) offered or sold any subdivided lands which have not been registered with the commissioner unless the subdivided lands or sales thereof are exempt from registration pursuant to section 83.26;
(5) been convicted, or if any of the subdivider's officers, directors, partners, principals, or agents has been convicted, of a crime involving fraud, deception, false pretenses, misrepresentation, false advertising, or dishonest dealing in real estate transactions, subsequent to the time of the filing of the application for registration;
(6) disposed of, concealed, or diverted any funds or assets of any person so as to defeat the rights of subdivision purchasers;
(7) failed faithfully to perform any stipulation or agreement made with the commissioner as an inducement to grant any registration, to reinstate any registration, or to permit any promotional plan or public offering statement;
(8) made misrepresentations or concealed material facts in an application for registration;
(9) permanently or temporarily been enjoined by any court of competent jurisdiction from engaging in or continuing any conduct or practice involving any aspect of land sales; or
(10) failed to pay any filing or inspection fee required by sections 83.20 to 83.42, 83.43 and 83.44.
Subd. 2.
Service of process.
When initiating a proceeding under subdivision 1, the commissioner shall serve upon the subdivider or other person by personal service or by certified mail, a written notice of hearing setting the date, time, and place of the hearing and a statement of the allegations upon which the suspension or revocation will be based.
Subd. 3.
[Repealed, 1987 c 336 s 47]
Subd. 4.
Amendment; registration suspension.
Upon receipt of an application to amend or other information indicating a material change in the information on file with the commissioner, and, if the commissioner determines such action to be necessary or appropriate in the public interest or for the protection of purchasers, the commissioner may, by order, suspend the registration until satisfied that the subdivider or subdivider's agent has made the proper changes in the public offering statement, advertising, and promotional plan to provide full and fair disclosure of the material change to the public.
Subd. 5.
Hearing.
In the event the commissioner issues an order under subdivision 4, the order shall include in its terms a provision for a hearing within ten days of the date of the order, specifying a date, time, and place for the hearing. Unless otherwise agreed, within 20 days of the close of the hearing record, the commissioner shall issue an order either vacating, modifying, or continuing the temporary order. If the temporary order is continued or modified the commissioner shall state reasons therefor.
History:
1973 c 413 s 16; 1984 c 452 s 20; 1986 c 444