1.1.................... moves to amend H.F. No. 2853 as follows:
1.2Page 9, delete section 1 and insert:

1.3    "Section 1. Minnesota Statutes 2012, section 45.027, subdivision 7, is amended to read:
1.4    Subd. 7. Actions against licensees. (a) In addition to any other actions authorized
1.5by this section, the commissioner may, by order, deny, suspend, or revoke the authority
1.6or license of a person subject to the duties and responsibilities entrusted to the
1.7commissioner, as described under section 45.011, subdivision 4, or censure that person if
1.8the commissioner finds that:
1.9(1) the order is in the public interest; and
1.10(2) the person has violated any law, rule, or order related to the duties and
1.11responsibilities entrusted to the commissioner; or
1.12(3) the person has provided false, misleading, or incomplete information to the
1.13commissioner or has refused to allow a reasonable inspection of records or premises; or
1.14(4) the person has engaged in an act or practice, whether or not the act or practice
1.15directly involves the business for which the person is licensed or authorized, which
1.16demonstrates that the applicant or licensee is untrustworthy, financially irresponsible, or
1.17otherwise incompetent or unqualified to act under the authority or license granted by
1.18the commissioner.
1.19(b) (1) The commissioner shall issue an order requiring a licensee or applicant for a
1.20license to show cause why the license should not be revoked or suspended, or the licensee
1.21censured, or the application denied and provide the licensee or applicant an opportunity
1.22to request a hearing under the contested case provisions of chapter 14.. The order must
1.23be calculated to give reasonable notice of the time and place for a hearing on the action,
1.24and must state the reasons for the entry of the order. The commissioner may, by order,
1.25summarily suspend a license pending final determination of an order to show cause. If a
1.26license is suspended pending final determination of an order to show cause, a hearing on
1.27the merits must be held within 30 days of the issuance of the order of suspension. The
2.1order must: (i) state the reasons that an order is being sought and whether a civil penalty
2.2is sought; and (ii) inform the licensee or applicant that unless the licensee or applicant
2.3requests a hearing on the matter within 30 days of receipt of the order, it becomes final by
2.4operation of law and that a final order will be issued under paragraph (a). If a hearing is
2.5requested by the licensee or applicant pursuant to cause (ii): (A) the commissioner shall,
2.6within 15 days of receiving the request, set the date and time for the hearing and notify
2.7the licensee or applicant of those facts; and (B) the commissioner may modify, vacate, or
2.8extend the order, until the commissioner issues a final order under paragraph (a).
2.9(2) The commissioner may, by order, summarily suspend a license pending final
2.10determination of an order to show cause issued under paragraph (1). If a license is
2.11suspended pending final determination of an order to show cause and the licensee requests
2.12a hearing on the matter within 30 days of receipt of the order to show cause, a hearing on
2.13the merits must be held within 30 days of receipt of the hearing request. The summary
2.14suspension or summary revocation procedure does not apply to action by the commissioner
2.15against the certificate of authority of an insurer authorized to do business in Minnesota.
2.16(c) All hearings must be conducted according to chapter 14. After the hearing, the
2.17commissioner shall enter an a final order disposing of the matter as the facts require. If the
2.18licensee or applicant fails to appear at a hearing after having been duly notified of it, the
2.19person is considered in default, and the proceeding may be determined against the licensee
2.20or applicant upon consideration of the order to show cause, the allegations of which may
2.21be considered true. The summary suspension or summary revocation procedures does not
2.22apply to action by the commissioner against the certificate of authority of an insurer
2.23authorized to do business in Minnesota.
2.24(d) If an order comes final because a person subject to an order does not timely
2.25request a hearing as provided in paragraph (b) or if the petition for judicial review is not
2.26timely filed after a hearing and a final order is issued by the commissioner as provided
2.27in paragraph (a), the commissioner may file a certified copy of the final order with the
2.28clerk of a court of competent jurisdiction. The final order so filed has the same effect as a
2.29judgment of the court and may be recorded, enforced, or satisfied in the same manner as
2.30a judgment of the court.
2.31(e) If a person does not comply with a final order under this section, the
2.32commissioner may petition a court of competent jurisdiction to enforce the order. The
2.33court may not require the commissioner to post a bond in an action or proceeding under
2.34this section. If the court finds, after service and opportunity for hearing, that the person
2.35was not in compliance with the order, the court may adjudge the person in civil contempt
2.36of the order. The court may impose a further civil penalty against the person for contempt
3.1in an amount up to $10,000 for each violation and may grant any other relief the court
3.2determines is just and proper in the circumstances.
3.3(f) Except for information classified as confidential under sections 60A.03,
3.4subdivision 9 ; 60A.031; 60A.93; and 60D.22, the commissioner may make any data
3.5otherwise classified as private or confidential pursuant to this section accessible to an
3.6appropriate person or agency if the commissioner determines that the access will aid the
3.7law enforcement process, promote public health or safety, or dispel widespread rumor or
3.8unrest. If the commissioner determines that private or confidential information should
3.9be disclosed, the commissioner shall notify the attorney general as to the information to
3.10be disclosed, the purpose of the disclosure, and the need for the disclosure. The attorney
3.11general shall review the commissioner's determination. If the attorney general believes
3.12that the commissioner's determination does not satisfy the purpose and intent of this
3.13provision paragraph, the attorney general shall advise the commissioner in writing that
3.14the information may not be disclosed. If the attorney general believes the commissioner's
3.15determination satisfies the purpose and intent of this provision, the attorney general shall
3.16advise the commissioner in writing, accordingly.
3.17After disclosing information pursuant to this provision, the commissioner shall
3.18advise the chairs of the senate and house of representatives judiciary committees of the
3.19disclosure and the basis for it."