MN HF997

Requires state agencies imposing fines or civil penalties to consider eight specific factors including willfulness, gravity, violation history, economic benefit gained, fines assessed to similarly situated persons, cooperation of the accused party, and other factors justice requires.

Prohibits agencies from imposing or enhancing penalties because a person contested a violation or asserted legal rights or defenses.

Mandates agencies document how they applied penalty considerations and provide this documentation to the accused party at least 30 days before initiating administrative or civil action, except for imminent threats to public safety, health, or environment.

Allows prevailing parties in civil actions or contested case proceedings against the state to recover fees and expenses if the state's position was not substantially justified; also awards fees if an agency's demand is substantially excessive and unreasonable compared to the final court or administrative law judge decision.

Expands the definition of "party" eligible for fee awards to include businesses with up to 500 employees and annual revenues not exceeding $30,000,000 (increased from $7,000,000), along with their partners, officers, and shareholders.