1.1 	A bill for an act
1.2 	relating to human services; allowing for review of variance denials for family child 
1.3 	care providers;amending Minnesota Statutes 2018, section 245A.16, by adding a 
1.4 	subdivision.
1.5 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.6 	Section 1. Minnesota Statutes 2018, section 245A.16, is amended by adding a subdivision 
1.7 	to read:
1.8 		Subd. 9.Denial of variances for family child care providers; review by 
1.9 	commissioner. (a) Notwithstanding subdivision 1, an applicant or licensed family child 
1.10 	care provider may request that the commissioner review a county agency's decision to deny 
1.11 	a variance under this section. The request for commissioner review must be made within 
1.12 	20 calendar days after the applicant or license holder receives the notice of denial, on a form 
1.13 	and in a manner prescribed by the commissioner. The request must include:
1.14 	(1) the reasons that the applicant or license holder cannot comply with the relevant 
1.15 	provision of rule or statute;
1.16 	(2) the alternative equivalent measures that the applicant or license holder will follow 
1.17 	to comply with the intent of the rule or statute and protect the health, safety, and well-being 
1.18 	of children in the applicant or license holder's care;
1.19 	(3) the period of time for which the variance is requested; and
1.20 	(4) a copy of the notice from the county agency denying the variance request.
1.21 	(b) The commissioner's decision to grant or deny a variance request is final and not 
1.22 	subject to appeal under chapter 14.

2.1 	EFFECTIVE DATE. This section is effective January 1, 2020.