§ 149A.10 — Additional Remedies
Plain-Language Summary
The regulatory agency can charge a licensee for the costs of disciplinary proceedings, including attorney fees, court reporters, and staff time. If a licensee wins a contested case and the state's position was not substantially justified, the licensee can recover their fees and expenses.
149A.10 ADDITIONAL REMEDIES.
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Subdivision 1.Reimbursement of costs.
The regulatory agency may impose a fee on any person subject to regulation under this chapter to reimburse the Department of Health for all or part of the cost of contested case proceedings or civil action resulting in disciplinary action, including, but not limited to, the amount paid by the regulatory agency for services from the Office of Administrative Hearings, attorney fees, court reports, witnesses, reproduction of records, staff time, and other expenses. §
Subd. 2.Contested case and civil action; award of fees and expenses.
In a contested case proceeding or a civil action, the prevailing party other than the state, upon a showing that the position of the state was not substantially justified, shall be awarded fees and other expenses pursuant to sections 14.62, subdivision 3; and 15.471 to 15.474. §
Subd. 3.Other actions.
The regulatory agency may take any other lawful action justified by the facts of the case.
History:
1997 c 215 s 14; 2001 c 171 s 13
History: History: 1997 c 215 s 14; 2001 c 171 s 13