Minnesota Administrative Rules

5200.2040 APPROVAL, DENIAL, REVOCATION, AND CESSATION OF CERTIFICATION.

Subpart 1.

Decision on a worker organization's application or renewal application.

A.

Within 90 days of receiving an application for certification or renewal of certification, the board must approve or deny the application.

B.

When an initial application is approved, the board must assign a unique identification number for the certified worker organization, which must be used for any subsequent renewals.

Subp. 2.

Denial or revocation of certification.

A.

The board may deny an application for certification or recertification, or revoke certification, if an organization does any of the following:

(1)

provides false or incomplete information to the board;

(2)

fails to meet the necessary organizational requirements under the law;

(3)

fails to provide trainings as required;

(4)

fails to provide training records to nursing homes; or

(5)

commits acts that demonstrate incompetence, untrustworthiness, financial irresponsibility, or dishonesty.

B.

The executive director or the executive director's designee may receive complaints regarding alleged violations of this part. The executive director or the executive director's designee shall investigate the validity of the complaint and recommend to the board whether revocation is appropriate.

C.

If an application is denied, the applicant may not submit another application within six months of the denial.

D.

If a certification is revoked, the applicant may not submit another application within one year of the revocation.

Subp. 3.

Cessation of certification.

A.

If an organization decides to discontinue providing training to nursing home workers, the organization must notify the board as soon as practicable and in any event within five business days.

B.

Within ten business days of notifying the board under item A, the organization must confirm to the board that:

(1)

all nursing home workers who were trained by the organization received certifications of completion as prescribed by the board and follow-up materials;

(2)

all nursing home workers who were trained by the organization were informed that the organization would no longer be available to respond to inquiries related to nursing home workforce standards;

(3)

all nursing home workers who had upcoming trainings scheduled with the organization were informed of the organization's decision to no longer provide trainings; and

(4)

all nursing home employers have received the proper documentation of worker attendance at trainings.

Statutory Authority:

MS s 181.213; 181.214; 181.215

History:

49 SR 628

Published Electronically:

January 24, 2025