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Subdivision 1.Actions.
This chapter and rules and orders of the commission adopted under this chapter may be enforced by any one or combination of: criminal prosecution, action to recover civil penalties, injunction, action to compel performance, and other appropriate action.
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Subd. 2.Civil penalty.
A person who knowingly and intentionally violates a provision of this chapter or rule or order of the commission adopted under this chapter shall forfeit and pay to the state a penalty, in an amount to be determined by the court, of at least $100 and not more than $5,000 for each day of each violation.
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Subd. 4.Civil penalty proceeds deposited in treasury.
The civil penalties provided for in this section may be recovered by a civil action brought by the attorney general in the name of the state. Amounts recovered under this section must be paid into the state treasury.
Notes of Decisions
Firstcom, Inc. v. Qwest Commc'ns, 618 F. Supp. 2d 1001 (D. Minnesota 2007).
· cites it 6× “” Minn.Stat. § 237.461, subds. 1, 2, 4. 2 Subdivision 3 similarly provided for penalties (again payable to the state) for violations of certain provisions of Section 237.”
Firstcom, Inc. v. Qwest Corp., 555 F.3d 669 (8th Cir. 2009).
“See Minn. Stat. § 237.461 . Section 237.461 provides for an “action to recover civil penalties,” id.”
In Re Qwest's Performance Assurance Plan, 783 N.W.2d 571 (Minn. Ct. App. 2010).
· cites it 2× “Relator further argues that if the MPAP had been adopted without the self-executing remedies, the state would have had to enforce compliance with the plan through a district court action under Minn.Stat. § 237.461, subd. 1 (2008), which provides an enforcement mechanism for…”
Qwest Corp. v. Minnesota Pub. Utils. Comm'n, 427 F.3d 1061 (8th Cir. 2005).
· cites it 2× “MPUC also claims the authority to order restitution is encompassed within Minn. Stat. §§ 237.461 and 237.462. 2 Section *1065 237.”
Firstcom, Inc. v. Qwest Corp. (8th Cir. 2009).
“461] may be recovered by a civil action brought by the attorney general in the name of the state.”
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