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Practice Of Real EstateLicense_lawHARD

The Minnesota Department of Commerce issues a consent order against broker Michelle, requiring her to complete 15 hours of additional continuing education within 90 days and pay a $2,000 civil penalty. Michelle completes the education but refuses to pay the civil penalty, claiming the MN DOC lacks authority to impose monetary fines. Under Minnesota Statutes Chapter 82, which of the following is most accurate?

Correct Answer

A) The MN DOC has express statutory authority to impose civil penalties under Ch. 82, and Michelle's refusal to pay may result in further disciplinary action including license suspension

Under Minn. Stat. Ch. 82, the Minnesota Department of Commerce has express statutory authority to impose civil monetary penalties as part of its disciplinary toolkit. A consent order is a binding administrative agreement, and failure to comply with its terms — including payment of civil penalties — constitutes a separate violation that can result in additional disciplinary action, up to and including license suspension or revocation.

Answer Options
A
The MN DOC has express statutory authority to impose civil penalties under Ch. 82, and Michelle's refusal to pay may result in further disciplinary action including license suspension
B
The MN DOC must refer the unpaid civil penalty to a private collection agency, as it has no authority to enforce monetary penalties through additional license sanctions
C
Michelle is correct that the MN DOC cannot impose civil monetary penalties; it may only suspend or revoke licenses as disciplinary sanctions
D
The civil penalty is enforceable only if Michelle consented to it in writing, and she may withdraw consent at any time before payment is made

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Related Topics & Key Terms

Key Terms:

civil_penaltyconsent_ordermn_doc_authoritydisciplinary_actionsch_82

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