29 December 2018
Your Minnesota Association of Radon Professionals At Work
This is a big win. The Court has prohibited the State from enforcing the Act as to radon mitigation work on existing homes (after a CO has been issued), but denied as to commercial buildings, work done on new homes (to which the Act does not apply) and for radon testing.
There is still a long way to go. We have to continue to work our way through the court system which may include a number of appeals.
MARP has won several battles against the MN Radon Licensing Act including the fee structure, and who is required to be licensed. MARP also got the act repealed once but MN Governor Mark Dayton vetoed it.
This important fight could go on for years and we still may not win. But the outcome is sure if we don’t keep the fight going. We need more members so we can work with law makers to help make changes to the law for the testers and continue to work with the attorneys to prove the act is unconstitutional. We can’t stop.
You can read the court document below.
PS – This result suggests the state likely lost their motion to dismiss and the court believes MARP can possibly win this case.
By Scot Combs on December 13, 2018Laws and Rules The Minnesota Radon Licensing Act (Minnesota Statutes 144.4961) was passed by the legislature and signed into law in May 2015. This act gives Minnesota Department of Health (MDH) the authority to write rules and enforce laws related to the radon industry in the state. Professionals and companies that measure for radon, mitigate for radon or perform radon […]