A bill sponsored by Rep. Rick Hansen (DFL-South St. Paul) is igniting an old debate about whether administrative penalty orders — corrective actions used by executive branch agencies — unfairly supersede the court system.
Hansen sponsors HF3625, which would grant authority to the Department of Natural Resources to use APOs to enforce laws relating to state waters. The House Finance Committee approved the bill April 15 and referred it to the House Ways and Means Committee.
“Administrative penalty orders are another method to achieve compliance, rather than just the criminal process or the civil process,” Hansen said, noting that the Board of Water and Soil Resources and Pollution Control Agency both have the ability to issue APOs.
Rep. Loren Solberg (DFL-Grand Rapids) said he hates APOs “with a passion” because they deprive people of the rights afforded to them in normal court proceedings.
“If we’re going to have administrative fines, then let’s do away with the court system and let the executive branch be the court,” he said.
Solberg also questioned whether those who receive APOs would be given adequate opportunity to appeal the orders. In response, DNR Division of Waters Assistant Director Jim Japs said that individuals could request an expedited administrative hearing within 30 days of receiving an order, and could also file with the Court of Appeals as in regular criminal cases.
“We’re really hoping that this serves more as a carrot than as a stick,” Japs said, adding that the orders would likely only be used in cases of “egregious and repeat” offenders.
Rep. Jean Wagenius (DFL-Mpls) said she supports using APOs because it allows the state to enforce laws without having to initiate criminal proceedings.
“I am equally passionate as Rep. Solberg, but for administrative penalty orders, just because we can use them and not make people criminals,” she said.
Another section of Hansen’s bill would allow the DNR to use proceeds from the sale of administrative sites to remodel or upgrade other department facilities. Currently those proceeds go into the department’s land acquisition account.
A companion bill, SF3056, sponsored by Sen. Dennis Frederickson (R-New Ulm), awaits action by the Senate Finance Committee.
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