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(1) If the facility or agency is in violation of Laws 1976, Chapter <br />243, Sections 2 to 14 or of the rules and regulations promulgated by the <br />commissioner and the operator has failed to correct the violation within 30 <br />days of receipt of a written order to do so; or <br />(2) If an operator has willfully failed to apply for a license or <br />renewal of license. <br />Proceedings for securing injuctions may be brought by the attorney <br />general, or by the appropriate county attorney. <br />Subd. 2. Any individual who advertises a facility required to be <br />licensed purusant to Laws 1976, Chapter 243, Sections 2 to 14 prior to <br />obtaining a license is guilty of misdemeanor. <br />Subd. 3. The sanctions id <br />LUV <br />by Laws <br />97, Chapter <br />ection <br />14 are cumulative, and shallpnot bedconstruedlas6restricting4anyssanctionsto <br />otherwise available. <br />History: 1976 c 243 s 8 <br />245.804 INSPECTION. <br />Subdivision 1. In exercising the powers of licensing, renewing, <br />suspending, revoking, or making licenses probationary, the commissioner <br />shall study and evaluate operators and applicants for a license.. To carry out these duties the commissioner shall' employ qualified personnel who, <br />insofar as possible, are knowledgeable about the operation of the types and <br />characters of facilities and agencies to be inspected. Authorized represen— <br />tatives of the commissioner may visit a day care or residential facility or <br />agency at any time during the hours of operation for purposes of the study <br />and inspection. In conducting evaluations and inspections, the commissioner <br />may call upon and receive appropriate assistance from other governmental <br />agencies within their authorized fields. Inspections may be ,ade without <br />prior notice to the applicant or operator. <br />Subd. 2. The operator or applicant shall cooperate with the evaluation <br />and inspection by providing access to its facilities, records, and staff. <br />Failure to comply with the reasonable requests of the commissioner in con— <br />nection with the study and inspection is cause for revocation of license or <br />for a denial of application. The study and inspection may involve con—' <br />sideration of any facts, conditions, or circumstances relative to the opera— <br />tion of the day care or residential facility or agency, including dnta on <br />previous operation of a facility or service, references, and other infor— <br />mation about the character and qualifications of the personnel of the faci— <br />lity or agency. <br />History: 1976 c 243 s 9 <br />245.805 FINES. <br />Whenever the commissioner finds, upon inspection of a facility, that <br />the operator is not in compliance with an applicable law or rule or <br />regulation, a correction order shall be issued to the operator. The correc— <br />tion order shall state the deficiency or deficiencies, cite the specific law <br />or regulations violated, and specify the time allowed for correction. <br />If, upon reinspection, it is found that the operator has not corrected <br />the deficiency or deficiencies specified in the correction order, the opera— <br />tor may be required to forfeit to the state within 15 days a sum of up to <br />-7- <br />