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103G.615.4
Statute ID:
17652
Statute Function ID:
36645
Aquatic Plants - Permits to harvest or destroy aquatic plants - Order violations
In Effect
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Function Details
History
Text
Charge
Classifications
Offense Level:
Misdemeanor (M)
General Offense Code:
Other (9)
Offense Summary Code & Rank:
Other/Status/Misc (M) (Rank 30)
Detailed Offense Code:
Fish and Game (Other) (991)
Offense Severity Level:
Function Text:
UCR Code
Description
90Z
All Other Offenses
Flags
Crime of Violence:
No
Targeted Misdemeanor:
No
Predatory Offender Registration Review:
No
Enhanceable:
No
Certify to DPS:
No
Report to DNR:
No
DPS Group:
No
Conditional Release:
No
Payable:
No
Petty Misdemeanor Only if Prosecutor Certifies:
No
Third Violation Indicator:
No
Qualified Domestic Violence Related:
No
Nonviolent Controlled Substance Offender Review:
No
Wildlife Restitution:
No
Statute Number:
103G.615.4
Enactment Date:
Jan 1, 1859
Effective Date:
Aug 1, 2002
Expiration Date:
Repealed?:
No
Summary Text:
Aquatic Plants - Permits to harvest or destroy aquatic plants - Order violations
Statute ID:
17652
Created:
Jul 29, 2019 by mnjis.legal.analyst@state.mn.us
Updated:
Jul 29, 2019 by mnjis.legal.analyst@state.mn.us
Last Update Action:
Corrected
Legal Analyst Comment:
2002 Subd. 4 New 2002 c 351 s 25; Effective 08/01/2002; Added per request
Summary Text:
Aquatic Plants - Permits to harvest or destroy aquatic plants - Order violations
Link to MN Statute Text:
https://www.revisor.leg.state.mn.us/stats/103G/615.html
Legislative Session:
2002 - Regular
Session Law Text?:
No
Statute text last updated on:
Jul 29, 2019
(a) The commissioner may make findings and issue an order to a person to stop the illegal gathering, harvesting, planting or transplanting, or destroying of aquatic vegetation or organisms in public waters. (b) In the same or a separate findings and order, the commissioner may require restoration or replacement of any emergent or floating leaf aquatic vegetation lost as a result of the illegal activities, to the condition existing before the illegal activities were undertaken. An order for restoration or replacement must state with specificity the work that is necessary to comply with the order and must specify a date by which the work must be completed. (c) The person or entity to whom the order is issued may request a review of the order by the commissioner within 30 days of receipt of written notice by filing a written request for review. If the written request is not submitted within 30 days, the restoration or replacement order becomes final. The commissioner shall review the request and supporting evidence and render a decision within 60 days of the request for review. (d) If the person or entity wishes to appeal the decision of the commissioner after review under paragraph (c), a written request must be filed with the commissioner within 30 days for a contested case hearing under chapter 14. A bond, as provided in subdivision 5, must accompany the demand for a hearing. The bond and demand for hearing must be filed 30 days after the person is served with a copy of the decision of the commissioner on review. (e) If the person or entity to whom the decision of the commissioner on review is addressed does not demand a contested case hearing under chapter 14 or demands a hearing but fails to file the required bond: (1) the commissioner's order becomes final at the end of 30 days after the person is served with the decision of the commissioner on review; and (2) the person may not appeal the order.
