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Minn. Stat. § 325F.24

ENFORCEMENT; PENALTIES.

Applied in 2 court decisions — leading case 29 Cal. 4th 32 - Zuckerman v. State Board of Chiropractic Examiners (2002)

Most recently applied in 29 Cal. 4th 32 - Zuckerman v. State Board of Chiropractic Examiners (August 2002)

1978 c 786 s 9; Ex1979 c 2 s 38; 1981 c 356 s 206,248; 1986 c 444; 1987 c 312 art 1 s 10

Subdivision 1. Criminal penalty; liability limited.

Violation of section 325F.20, subdivision 2 , or 325F.21, subdivision 2 or 3, shall constitute a misdemeanor, provided that the sole liability for such violation on insulation sold under the manufacturer's brand or trademark shall be the manufacturer's, and that an industry member who is not a manufacturer shall be liable under this subdivision only by having actual knowledge or knowledge fairly implied on the basis of the objective circumstances that the insulation presents a clear and present danger or has not been subject to the required testing procedures.

Subd. 2. Criminal penalty.

Violation of section 325F.20, subdivision 3 , 325F.22 , or 325F.23 shall constitute a misdemeanor.

Subd. 3. Attorney general enforcement.

The provisions of section 325F.22 may be enforced by the attorney general pursuant to section 8.31 . The attorney general may recover costs and disbursements, including costs of investigation and reasonable attorney's fees. In addition to the remedies otherwise provided by law, any person injured by a violation of section 325F.20 , 325F.22 , or 325F.23 may bring a civil action and recover damages together with costs of investigation and reasonable attorney's fees, and receive other equitable relief as determined by the court. The court may as appropriate enter a consent judgment or decree without the finding of illegality.

Subd. 3a. Rulemaking enforcement by commissioner.

Rules promulgated by the commissioner pursuant to sections 325F.20, subdivision 1 , and 325F.21, subdivision 1 may be enforced by the commissioner pursuant to section 216C.30 .

Subd. 4. Remedies cumulative.

Remedies taken under this section shall not exclude other civil or criminal actions under Minnesota Statutes.

Official source: Minnesota Office of the Revisor of Statutes. Reproduced from public-domain Minnesota statutes; confirm against the official source for the current text. Not legal advice.