2007 Minnesota Statutes

245C.28 CONTESTED CASE HEARING RIGHTS.
    Subdivision 1. License holder. (a) If a maltreatment determination or a disqualification for
which reconsideration was requested and which was not set aside is the basis for a denial of a
license under section 245A.05 or a licensing sanction under section 245A.07, the license holder
has the right to a contested case hearing under chapter 14 and Minnesota Rules, parts 1400.8505
to 1400.8612. The license holder must submit the appeal under section 245A.05 or 245A.07,
subdivision 3 .
    (b) As provided under section 245A.08, subdivision 2a, if the denial of a license or licensing
sanction is based on a disqualification for which reconsideration was requested and was not set
aside, the scope of the consolidated contested case hearing must include:
    (1) the disqualification, to the extent the license holder otherwise has a hearing right on the
disqualification under this chapter; and
    (2) the licensing sanction or denial of a license.
    (c) As provided for under section 245A.08, subdivision 2a, if the denial of a license or
licensing sanction is based on a determination of maltreatment under section 626.556 or 626.557,
or a disqualification for serious or recurring maltreatment which was not set aside, the scope
of the contested case hearing must include:
    (1) the maltreatment determination, if the maltreatment is not conclusive under section
245C.29;
    (2) the disqualification, if the disqualification is not conclusive under section 245C.29; and
    (3) the licensing sanction or denial of a license. In such cases, a fair hearing must not
be conducted under section 256.045. If the disqualification was based on a determination of
substantiated serious or recurring maltreatment under section 626.556 or 626.557, the appeal must
be submitted under sections 245A.07, subdivision 3, and 626.556, subdivision 10i, or 626.557,
subdivision 9d .
    (d) Except for family child care and child foster care, reconsideration of a maltreatment
determination under sections 626.556, subdivision 10i, and 626.557, subdivision 9d, and
reconsideration of a disqualification under section 245C.22, must not be conducted when:
    (1) a denial of a license under section 245A.05, or a licensing sanction under section
245A.07, is based on a determination that the license holder is responsible for maltreatment or the
disqualification of a license holder based on serious or recurring maltreatment;
    (2) the denial of a license or licensing sanction is issued at the same time as the maltreatment
determination or disqualification; and
    (3) the license holder appeals the maltreatment determination, disqualification, and denial of
a license or licensing sanction. In such cases a fair hearing under section 256.045 must not be
conducted under sections 245C.27, 626.556, subdivision 10i, and 626.557, subdivision 9d. Under
section 245A.08, subdivision 2a, the scope of the consolidated contested case hearing must include
the maltreatment determination, disqualification, and denial of a license or licensing sanction.
    Notwithstanding clauses (1) to (3), if the license holder appeals the maltreatment
determination or disqualification, but does not appeal the denial of a license or a licensing
sanction, reconsideration of the maltreatment determination shall be conducted under sections
626.556, subdivision 10i, and 626.557, subdivision 9d, and reconsideration of the disqualification
shall be conducted under section 245C.22. In such cases, a fair hearing shall also be conducted as
provided under sections 245C.27, 626.556, subdivision 10i, and 626.557, subdivision 9d.
    Subd. 2. Individual other than license holder. If the basis for the commissioner's denial of
a license under section 245A.05 or a licensing sanction under section 245A.07 is a maltreatment
determination or disqualification that was not set aside under section 245C.22, and the disqualified
subject is an individual other than the license holder and upon whom a background study must be
conducted under section 245C.03, the hearing of all parties may be consolidated into a single
contested case hearing upon consent of all parties and the administrative law judge.
    Subd. 3. Employees of public employer. (a) If the commissioner does not set aside the
disqualification of an individual who is an employee of an employer, as defined in section
179A.03, subdivision 15, the individual may request a contested case hearing under chapter 14.
The request for a contested case hearing must be made in writing and must be postmarked and
sent within 30 calendar days after the employee receives notice that the disqualification has not
been set aside. If the individual was disqualified based on a conviction or admission to any
crimes listed in section 245C.15, the scope of the contested case hearing shall be limited solely to
whether the individual poses a risk of harm pursuant to section 245C.22.
(b) If the commissioner does not set aside a disqualification that is based on a maltreatment
determination, the scope of the contested case hearing must include the maltreatment
determination and the disqualification. In such cases, a fair hearing must not be conducted under
section 256.045.
(c) Rules adopted under this chapter may not preclude an employee in a contested case
hearing for a disqualification from submitting evidence concerning information gathered under
this chapter.
(d) When an individual has been disqualified from multiple licensed programs and
the disqualifications have not been set aside under section 245C.22, if at least one of the
disqualifications entitles the person to a contested case hearing under this subdivision, the
scope of the contested case hearing shall include all disqualifications from licensed programs
which were not set aside.
(e) In determining whether the disqualification should be set aside, the administrative law
judge shall consider all of the characteristics that cause the individual to be disqualified in
order to determine whether the individual poses a risk of harm. The administrative law judge's
recommendation and the commissioner's order to set aside a disqualification that is the subject of
the hearing constitutes a determination that the individual does not pose a risk of harm and that the
individual may provide direct contact services in the individual program specified in the set aside.
    Subd. 4. Final agency order. The commissioner's final order under section 245A.08,
subdivision 5 , is conclusive on the issue of maltreatment and disqualification, including for
purposes of subsequent background studies. The contested case hearing under this section is the
only administrative appeal of the final agency determination, specifically, including a challenge
to the accuracy and completeness of data under section 13.04.
History: 2003 c 15 art 1 s 28; 2004 c 288 art 1 s 71-73; 1Sp2005 c 4 art 1 s 42; 2007
c 112 s 47