| 1 | 1 | | 1.1 A bill for an act |
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| 2 | 2 | | 1.2 relating to occupations and professions; modifying board member qualifications |
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| 3 | 3 | | 1.3 and licensing requirements for architects, engineers, surveyors, landscape architects, |
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| 4 | 4 | | 1.4 geoscientists, and interior designers; amending Minnesota Statutes 2024, sections |
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| 5 | 5 | | 1.5 326.05; 326.10, subdivisions 1, 2, 10; 326.111, subdivisions 3, 4, 5, by adding a |
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| 6 | 6 | | 1.6 subdivision. |
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| 7 | 7 | | 1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: |
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| 8 | 8 | | 1.8 Section 1. Minnesota Statutes 2024, section 326.05, is amended to read: |
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| 9 | 9 | | 1.9 326.05 QUALIFICATIONS OF BOARD MEMBERS. |
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| 10 | 10 | | 1.10 Each member of the board shall must be a resident of this state at the time of and |
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| 11 | 11 | | 1.11throughout the member's appointment. Each member except the public members shall must |
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| 12 | 12 | | 1.12have been engaged in the practice of the relevant profession for at least ten five years and |
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| 13 | 13 | | 1.13shall have been in responsible charge of professional work requiring licensure as an architect, |
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| 14 | 14 | | 1.14engineer, land surveyor, landscape architect, or geoscientist, or certification as an interior |
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| 15 | 15 | | 1.15designer for at least five two years. |
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| 16 | 16 | | 1.16 Sec. 2. Minnesota Statutes 2024, section 326.10, subdivision 1, is amended to read: |
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| 17 | 17 | | 1.17 Subdivision 1.Issuance.The board shall on application therefor on a prescribed form, |
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| 18 | 18 | | 1.18and upon payment of a fee prescribed by rule of the board, issue a license or certificate as |
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| 19 | 19 | | 1.19an architect, engineer, land surveyor, landscape architect, geoscientist, or certified interior |
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| 20 | 20 | | 1.20designer. A separate fee shall be paid for each profession licensed. |
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| 21 | 21 | | 1.21 (1) To any person over 25 years of age, who is of good moral character and repute, who |
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| 22 | 22 | | 1.22complies with the Rules of Professional Conduct established in rules by the board and who |
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| 23 | 23 | | 1.23has the experience and educational qualifications which that the board by rule may prescribe. |
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| 24 | 24 | | 1Sec. 2. |
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| 25 | 25 | | 25-00535 as introduced11/19/24 REVISOR BD/NS |
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| 26 | 26 | | SENATE |
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| 27 | 27 | | STATE OF MINNESOTA |
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| 28 | 28 | | S.F. No. 96NINETY-FOURTH SESSION |
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| 29 | 29 | | (SENATE AUTHORS: HOFFMAN) |
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| 30 | 30 | | OFFICIAL STATUSD-PGDATE |
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| 31 | 31 | | Introduction and first reading01/16/2025 |
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| 32 | 32 | | Referred to State and Local Government 2.1 (2) To any person who holds an unexpired certificate of registration or license issued |
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| 33 | 33 | | 2.2by proper authority in the District of Columbia, any state or territory of the United States, |
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| 34 | 34 | | 2.3or any foreign country, in which the requirements for registration or licensure of architects, |
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| 35 | 35 | | 2.4engineers, land surveyors, landscape architects, geoscientists, or certified interior designers, |
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| 36 | 36 | | 2.5respectively, at the time of registration or licensure in the other jurisdiction, were equal, in |
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| 37 | 37 | | 2.6the opinion of the board, substantially equivalent as established in rules by the board to |
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| 38 | 38 | | 2.7those fixed by the board and by the laws of this state, and in which similar privileges are |
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| 39 | 39 | | 2.8extended to the holders of certificates of registration or licensure issued by this state. The |
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| 40 | 40 | | 2.9board may require such person to submit a certificate of technical qualification from the |
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| 41 | 41 | | 2.10National Council of Architectural Registration Boards in the case of an architect, from the |
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| 42 | 42 | | 2.11National Council of Examiners for Engineering and Surveying in the case of an engineer, |
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| 43 | 43 | | 2.12from the Council of Landscape Architectural Registration Boards in the case of a landscape |
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| 44 | 44 | | 2.13architect, and from the National Council for Interior Design Qualification in the case of a |
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| 45 | 45 | | 2.14certified interior designer. |
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| 46 | 46 | | 2.15 Sec. 3. Minnesota Statutes 2024, section 326.10, subdivision 2, is amended to read: |
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| 47 | 47 | | 2.16 Subd. 2.Examination.The board, or a committee of the board, may subject any applicant |
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| 48 | 48 | | 2.17for licensure or certification to such examinations as may be deemed necessary to establish |
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| 49 | 49 | | 2.18qualifications. |
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| 50 | 50 | | 2.19 In determining the qualifications of applicants, at least one member determining the |
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| 51 | 51 | | 2.20qualifications must be licensed or certified in the same profession as that being evaluated. |
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| 52 | 52 | | 2.21 An applicant for licensure or certification must provide evidence of passing the required |
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| 53 | 53 | | 2.22examinations as prescribed by the board in rules. |
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| 54 | 54 | | 2.23 Sec. 4. Minnesota Statutes 2024, section 326.10, subdivision 10, is amended to read: |
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| 55 | 55 | | 2.24 Subd. 10.Temporary military license.The board shall establish a temporary license |
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| 56 | 56 | | 2.25in accordance with section 197.4552 for the practice of architecture, professional engineering, |
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| 57 | 57 | | 2.26geosciences, land surveying, landscape architecture, and interior design. The fee for the |
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| 58 | 58 | | 2.27temporary license under this subdivision for the practice of architecture, professional |
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| 59 | 59 | | 2.28engineering, geosciences, land surveying, landscape architecture, or interior design is $132 |
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| 60 | 60 | | 2.29$0. |
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| 61 | 61 | | 2.30 Sec. 5. Minnesota Statutes 2024, section 326.111, subdivision 3, is amended to read: |
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| 62 | 62 | | 2.31 Subd. 3.Cease and desist orders.(a) The board, or the complaint committee if |
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| 63 | 63 | | 2.32authorized by the board, may issue and have served upon a person an order requiring the |
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| 64 | 64 | | 2Sec. 5. |
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| 65 | 65 | | 25-00535 as introduced11/19/24 REVISOR BD/NS 3.1person to cease and desist from the unauthorized practice of architecture, engineering, land |
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| 66 | 66 | | 3.2surveying, landscape architecture, geoscience, or the unauthorized use of the titles architect, |
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| 67 | 67 | | 3.3professional engineer, land surveyor, landscape architect, professional geologist, professional |
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| 68 | 68 | | 3.4soil scientist, certified interior designer, or violation of the statute, rule, or order. The order |
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| 69 | 69 | | 3.5shall be calculated to give reasonable notice of the rights of the person to request a hearing |
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| 70 | 70 | | 3.6and shall state the reasons for the entry of the order. |
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| 71 | 71 | | 3.7 (b) Service of the order is effective if the order is served on the person or counsel of |
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| 72 | 72 | | 3.8record personally or by certified mail to the most recent address provided to the board for |
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| 73 | 73 | | 3.9the person or counsel of record. Service of the order must be by first class United States |
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| 74 | 74 | | 3.10mail, including certified United States mail, or overnight express mail service with the |
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| 75 | 75 | | 3.11postage prepaid and addressed to the party at the party's last known address. Service by |
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| 76 | 76 | | 3.12United States mail, including certified mail, is complete upon placing the order in the mail |
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| 77 | 77 | | 3.13or otherwise delivering the order to the United States mail service. Service by overnight |
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| 78 | 78 | | 3.14express mail service is complete upon delivering the order to an authorized agent of the |
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| 79 | 79 | | 3.15express mail service. |
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| 80 | 80 | | 3.16 (c) Unless otherwise agreed by the board, or the complaint committee if authorized by |
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| 81 | 81 | | 3.17the board, and the person requesting the hearing, the hearing shall be held no later than 30 |
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| 82 | 82 | | 3.18days after the request for the hearing is received by the board. |
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| 83 | 83 | | 3.19 (d) The administrative law judge shall issue a report within 30 days of the close of the |
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| 84 | 84 | | 3.20contested case hearing record, notwithstanding Minnesota Rules, part 1400.8100, subpart |
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| 85 | 85 | | 3.213. Within 30 days after receiving the report and any exceptions to it, the board shall issue |
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| 86 | 86 | | 3.22a further order vacating, modifying, or making permanent the cease and desist orders as the |
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| 87 | 87 | | 3.23facts require. |
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| 88 | 88 | | 3.24 (e) If no hearing is requested within 30 days of service of the order, the order becomes |
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| 89 | 89 | | 3.25final and remains in effect until it is modified or vacated by the board. |
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| 90 | 90 | | 3.26 (f) If the person to whom a cease and desist order is issued fails to appear at the hearing |
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| 91 | 91 | | 3.27after being duly notified, the person is in default and the proceeding may be determined |
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| 92 | 92 | | 3.28against that person upon consideration of the cease and desist order, the allegations of which |
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| 93 | 93 | | 3.29may be considered to be true. |
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| 94 | 94 | | 3.30 Sec. 6. Minnesota Statutes 2024, section 326.111, subdivision 4, is amended to read: |
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| 95 | 95 | | 3.31 Subd. 4.Actions against applicants and licensees.(a) The board may, by order, deny, |
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| 96 | 96 | | 3.32refuse to renew, suspend, temporarily suspend, or revoke the application, license, or |
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| 97 | 97 | | 3.33certification of a person; censure or reprimand that person; condition or limit the person's |
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| 98 | 98 | | 3Sec. 6. |
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| 99 | 99 | | 25-00535 as introduced11/19/24 REVISOR BD/NS 4.1practice; refuse to permit a person to sit for examination; or refuse to release the person's |
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| 100 | 100 | | 4.2examination grades if the board finds that the order is in the public interest and the applicant, |
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| 101 | 101 | | 4.3licensee, or certificate holder: |
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| 102 | 102 | | 4.4 (1) has violated a statute, rule, or order that the board has issued or is empowered to |
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| 103 | 103 | | 4.5enforce; |
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| 104 | 104 | | 4.6 (2) has engaged in conduct or acts that are fraudulent, deceptive, or dishonest whether |
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| 105 | 105 | | 4.7or not the conduct or acts relate to the practice of architecture, engineering, land surveying, |
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| 106 | 106 | | 4.8landscape architecture, geoscience, or certified interior design, providing that the fraudulent, |
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| 107 | 107 | | 4.9deceptive, or dishonest conduct or acts reflect adversely on the person's ability or fitness to |
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| 108 | 108 | | 4.10engage in the practice of architecture, engineering, land surveying, landscape architecture, |
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| 109 | 109 | | 4.11geoscience, or certified interior design; |
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| 110 | 110 | | 4.12 (3) has engaged in conduct or acts that are negligent or otherwise in violation of the |
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| 111 | 111 | | 4.13standards established by Minnesota Rules, chapters 1800 and 1805, where the conduct or |
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| 112 | 112 | | 4.14acts relate to the practice of architecture, engineering, land surveying, landscape architecture, |
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| 113 | 113 | | 4.15geoscience, or use of the title certified interior designer; |
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| 114 | 114 | | 4.16 (4) has been convicted of or has pled guilty or nolo contendere to a felony, an element |
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| 115 | 115 | | 4.17of which is dishonesty or fraud, whether or not the person admits guilt, or has been shown |
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| 116 | 116 | | 4.18to have engaged in acts or practices tending to show that the applicant or licensee is |
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| 117 | 117 | | 4.19incompetent or has engaged in conduct reflecting adversely on the person's ability or fitness |
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| 118 | 118 | | 4.20to engage in the practice of architecture, engineering, land surveying, landscape architecture, |
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| 119 | 119 | | 4.21geoscience, or use of the title certified interior designer; |
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| 120 | 120 | | 4.22 (5) employed fraud or deception in obtaining a certificate, license, renewal, or |
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| 121 | 121 | | 4.23reinstatement or in passing all or a portion of the examination; |
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| 122 | 122 | | 4.24 (6) has had the person's architecture, engineering, land surveying, landscape architecture, |
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| 123 | 123 | | 4.25geoscience, or interior design license, certificate, right to examine, or other similar authority |
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| 124 | 124 | | 4.26revoked, suspended, canceled, limited, or not renewed for cause in any state, commonwealth, |
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| 125 | 125 | | 4.27or territory of the United States, in the District of Columbia, or in any foreign country; |
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| 126 | 126 | | 4.28 (7) has had the person's right to practice before any federal, state, or other government |
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| 127 | 127 | | 4.29agency revoked, suspended, canceled, limited, or not renewed; |
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| 128 | 128 | | 4.30 (8) failed to meet any requirement for the issuance or renewal of the person's license or |
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| 129 | 129 | | 4.31certificate; |
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| 130 | 130 | | 4.32 (9) has attached the person's seal or signature to a plan, specification, report, plat, or |
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| 131 | 131 | | 4.33other architectural, engineering, land surveying, landscape architectural, geoscientific, or |
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| 132 | 132 | | 4Sec. 6. |
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| 133 | 133 | | 25-00535 as introduced11/19/24 REVISOR BD/NS 5.1interior design document not prepared by the person sealing or signing it or under that |
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| 134 | 134 | | 5.2person's direct supervision; or |
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| 135 | 135 | | 5.3 (10) with respect to temporary suspension orders, has committed an act, engaged in |
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| 136 | 136 | | 5.4conduct, or committed practices that may, or has in the opinion of the board, or the complaint |
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| 137 | 137 | | 5.5committee if authorized by the board, resulted in an immediate threat to the public. |
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| 138 | 138 | | 5.6 (b) In lieu of or in addition to any remedy provided in paragraph (a), the board may |
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| 139 | 139 | | 5.7require, as a condition of continued licensure, possession of certificate, termination of |
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| 140 | 140 | | 5.8suspension, reinstatement of license or certificate, examination, or release of examination |
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| 141 | 141 | | 5.9grades, that the person: |
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| 142 | 142 | | 5.10 (1) submit to a quality review of the person's ability, skills, or quality of work, conducted |
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| 143 | 143 | | 5.11in such fashion and by such persons, entity, or entities as the board may require including, |
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| 144 | 144 | | 5.12but not limited to, remedial education courses; and |
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| 145 | 145 | | 5.13 (2) complete to the satisfaction of the board such continuing professional education |
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| 146 | 146 | | 5.14courses as the board may specify by rule. |
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| 147 | 147 | | 5.15 (c) Service of the order is effective if the order is served on the licensee, certificate |
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| 148 | 148 | | 5.16holder, applicant, person, or counsel of record personally or by certified mail, to the most |
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| 149 | 149 | | 5.17recent address provided to the board for the licensee, certificate holder, applicant, person, |
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| 150 | 150 | | 5.18or counsel of record. must be by first class United States mail, including certified United |
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| 151 | 151 | | 5.19States mail, or overnight express mail service with the postage prepaid and addressed to the |
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| 152 | 152 | | 5.20party at the party's last known address. Service by United States mail, including certified |
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| 153 | 153 | | 5.21mail, is complete upon placing the order in the mail or otherwise delivering the order to the |
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| 154 | 154 | | 5.22United States mail service. Service by overnight express mail service is complete upon |
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| 155 | 155 | | 5.23delivering the order to an authorized agent of the express mail service. The order shall state |
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| 156 | 156 | | 5.24the reasons for the entry of the order. |
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| 157 | 157 | | 5.25 (d) All hearings required by this section shall be conducted in accordance with chapter |
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| 158 | 158 | | 5.2614, except with respect to temporary suspension orders, as provided for in subdivision 5, |
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| 159 | 159 | | 5.27paragraph (d). |
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| 160 | 160 | | 5.28 Sec. 7. Minnesota Statutes 2024, section 326.111, subdivision 5, is amended to read: |
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| 161 | 161 | | 5.29 Subd. 5.Procedure for temporary suspension of license or certificate.(a) When the |
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| 162 | 162 | | 5.30board, or the complaint committee if authorized by the board, issues a temporary suspension |
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| 163 | 163 | | 5.31order, the suspension is in effect upon service of a written order on the licensee or counsel |
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| 164 | 164 | | 5.32of record, specifying the statute, rule, or order violated. The order remains in effect until |
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| 165 | 165 | | 5Sec. 7. |
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| 166 | 166 | | 25-00535 as introduced11/19/24 REVISOR BD/NS 6.1the board issues a final order in the matter after a hearing or upon agreement between the |
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| 167 | 167 | | 6.2board and the licensee. |
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| 168 | 168 | | 6.3 (b) Service of the order is effective if the order is served on the licensee or counsel of |
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| 169 | 169 | | 6.4record personally or by certified mail, to the most recent address provided to the board for |
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| 170 | 170 | | 6.5the licensee or counsel of record. must be by first class United States mail, including certified |
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| 171 | 171 | | 6.6United States mail, or overnight express mail service with postage prepaid and addressed |
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| 172 | 172 | | 6.7to the party at the party's last known address. Service by United States mail, including |
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| 173 | 173 | | 6.8certified mail, is complete upon placing the order in the mail or otherwise delivering the |
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| 174 | 174 | | 6.9order to the United States mail service. Service by overnight express mail service is complete |
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| 175 | 175 | | 6.10upon delivering the order to an authorized agent of the express mail service. |
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| 176 | 176 | | 6.11 (c) The order shall set forth the rights to a hearing contained in this subdivision and shall |
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| 177 | 177 | | 6.12state the reasons for the entry of the order. |
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| 178 | 178 | | 6.13 (d) Within ten days after service of the order, the licensee may request a hearing in |
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| 179 | 179 | | 6.14writing. The board shall hold a hearing before its own members within five working days |
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| 180 | 180 | | 6.15of receipt of a request for hearing on the sole issue of whether there is a reasonable basis |
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| 181 | 181 | | 6.16to continue, modify, or lift the temporary suspension. This hearing is not subject to chapter |
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| 182 | 182 | | 6.1714. Evidence presented by the board or the licensee shall be in affidavit form only. The |
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| 183 | 183 | | 6.18licensee or counsel of record may appear for oral argument. |
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| 184 | 184 | | 6.19 (e) Within five working days after the hearing, the board shall issue its order and, if the |
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| 185 | 185 | | 6.20suspension is continued, schedule a contested case hearing within 30 days after issuance of |
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| 186 | 186 | | 6.21the order. The administrative law judge shall issue a report within 30 days after closing of |
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| 187 | 187 | | 6.22the contested case hearing record, notwithstanding the provisions of Minnesota Rules, part |
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| 188 | 188 | | 6.231400.8100, subpart 3. The board shall issue a final order within 30 days after receipt of that |
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| 189 | 189 | | 6.24report and any exceptions to it. |
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| 190 | 190 | | 6.25 Sec. 8. Minnesota Statutes 2024, section 326.111, is amended by adding a subdivision to |
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| 191 | 191 | | 6.26read: |
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| 192 | 192 | | 6.27 Subd. 8.Actions against a person with a lapsed license or certificate.If a person's |
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| 193 | 193 | | 6.28license or certificate lapses; is surrendered, withdrawn, or terminated; or otherwise becomes |
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| 194 | 194 | | 6.29ineffective; the board may institute a proceeding against the person under this subdivision |
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| 195 | 195 | | 6.30within two years after the license or certificate was last effective and enter a revocation or |
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| 196 | 196 | | 6.31suspension order as of the last date on which the license or certificate was in effect or impose |
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| 197 | 197 | | 6.32a civil penalty as provided in subdivision 6. |
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| 198 | 198 | | 6Sec. 8. |
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| 199 | 199 | | 25-00535 as introduced11/19/24 REVISOR BD/NS |
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