2024 Minnesota Statutes

142E.55 ADMINISTRATIVE SANCTIONS.

Subdivision 1.Factors regarding imposition of administrative sanctions.

(a) The department shall consider the following factors in determining the administrative sanctions to be imposed:

(1) nature and extent of financial misconduct;

(2) history of financial misconduct;

(3) actions taken or recommended by other state agencies, other divisions of the department, and court and administrative decisions;

(4) prior imposition of sanctions;

(5) size and type of provider;

(6) information obtained through an investigation from any source;

(7) convictions or pending criminal charges; and

(8) any other information relevant to the acts or omissions related to the financial misconduct.

(b) Any single factor under paragraph (a) may be determinative of the department's decision of whether and what sanctions are imposed.

Subd. 2.Appeal of department action.

A provider's rights related to the department's action taken under this chapter against a provider are established in sections 142A.12, 142E.18, 142E.19, and142E.20.

History:

2013 c 108 art 5 s 5; 2015 c 78 art 4 s 47,48; 1Sp2019 c 9 art 1 s 18, 43; 2023 c 70 art 8 s 37; 2024 c 80 art 1 s96; art 5 s 7

NOTE: A transfer of a power or responsibility in this chapter to the Department of Children, Youth, and Families is effective upon notice of the commissioner of children, youth, and families to the commissioners of administration, management and budget, and other relevant departments along with the secretary of the senate, the chief clerk of the house of representatives, and the chairs and ranking minority members of the relevant legislative committees and divisions. Laws 2024, chapter 80, article 8, section 72, Laws 2023, chapter 70, article 12, section 30.