---
url: 'https://www.fmjlaw.com/minnesota-court-of-appeals-affirms-assessment-of-costs-by-minnesota-board-of-nursing/'
title: Minnesota Court of Appeals Affirms Assessment of Costs by Minnesota Board of Nursing
author:
  name: Adam
  url: 'https://www.fmjlaw.com/author/adam-brownfmjlaw-com/'
date: '2026-02-03T00:12:53+00:00'
modified: '2026-02-03T00:12:54+00:00'
type: post
summary: Health Licensing Boards may be able to assess the cost of disciplinary proceedings as a condition of re-licensure.
categories:
  - Legal Alert
  - Newsroom
tags:
  - disciplinary action
  - health license
  - license
  - licensing
  - nursing
published: true
---

# Minnesota Court of Appeals Affirms Assessment of Costs by Minnesota Board of Nursing

**Key Takeaway:** The Minnesota Court of Appeals recently confirmed that the Minnesota Board of Nursing has statutory authority to assess the costs of disciplinary proceedings, including Attorney General and administrative hearing costs, as a condition of re-licensure.

## Minnesota Health Licensing Board Complaints

Most complaints to health licensing boards in Minnesota, including the Minnesota Board of Nursing, result in either dismissal or a stipulated resolution involving discipline. If a matter is not dismissed, and the licensee does not reach an agreement with the board, then the dispute is heard by an administrative law judge (ALJ) at the Minnesota Court of Administrative Hearings (CAH). The ALJ issues findings and a recommendation, which are then submitted to the licensing board for final action. Any final board decision is subject to review by the Minnesota Court of Appeals.

## *In re Sims* Addresses Conditions of Re-Licensure

In the matter of [*In re Sims*, A25-0371 (January 20, 2026)](https://law.justia.com/cases/minnesota/court-of-appeals/2026/a25-0371.html), a nurse (Sims) was accused of fraudulently purchasing education credentials from a nursing school in Florida and lacking credentials for practicing in Minnesota. Following a contested hearing, the ALJ concluded that the nurse had violated the Minnesota Nurse Practice Act and recommended discipline. The Board of Nursing (Board) issued an order revoking her Minnesota nursing license. The order stated that Sims could reapply for a Minnesota license after one year, but only if she paid the costs of the proceedings, including the costs of the Minnesota Attorney General’s office which represented the Board, as well as the costs of the CAH, in the amount of $30,000.

Sims appealed the determination of costs assessed as a condition of re-licensure. She argued that:

- The Board exceeded its statutory authority by requiring payment of the Attorney General’s Office costs;

- The assessment violated her procedural due process rights because the Attorney General’s costs were not itemized; and

- The total costs assessed were excessive and unreasonable.

The Minnesota Court of Appeals **rejected **these arguments and affirmed the Board’s decision. The court held that *Minn. Stat. § 148.262, subd. 2 expressly authorizes the Minnesota Board of Nursing to assess the costs of disciplinary proceedings*. 

The court further concluded that the record contained substantial evidence supporting the amount of costs assessed and that the total assessment was not unreasonable.

## Practical Implications for Licensed Health Professionals

*In re Sims* underscores the difficulty of overturning disciplinary actions and cost assessments imposed by Minnesota licensing boards. Administrative agency decisions are afforded a presumption of correctness and are entitled to significant deference on appeal. For licensed nurses and other health professionals, the case highlights the potential financial consequences of contested disciplinary proceedings, in addition to the risk of license suspension or revocation.

Fafinski Mark & Johnson has extensive experience representing nurses, physicians, and other licensed health professionals in disciplinary proceedings before Minnesota licensing boards, the Office of Administrative Hearings, and on appeal. If you or your organization are facing licensing complaints, disciplinary actions, or other issues, please reach out to [John Ella](https://www.fmjlaw.com/professional/v-john-ella/) for assistance.

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