Subdivision 1. Applicability. A provider has the right to an administrative review under this section if (1) a payment was suspended under chapter 245E, or (2) the provider's authorization was denied or revoked under section 119B.13, subdivision 6, paragraph (d), clause (1) or (2).
Subd. 2. Notice. (a) A county agency or the commissioner must mail written notice to a provider within five days of suspending payment or denying or revoking the provider's authorization under subdivision 1.
(b) The notice must:
(1) state the provision under which a county agency or the commissioner is denying, revoking, or suspending the provider's authorization or suspending payment to the provider;
(2) set forth the general allegations leading to the denial, revocation, or suspension of the provider's authorization. The notice need not disclose any specific information concerning an ongoing investigation;
(3) state that the denial, revocation, or suspension of the provider's authorization is for a temporary period and explain the circumstances under which the action expires; and
(4) inform the provider of the right to submit written evidence and argument for consideration by the commissioner.
(c) Notwithstanding Minnesota Rules, part 3400.0185, if a county agency or the commissioner suspends payment to a provider under chapter 245E or denies or revokes a provider's authorization under section 119B.13, subdivision 6, paragraph (d), clause (1) or (2), a county agency or the commissioner must send notice of service authorization closure to each affected family. The notice sent to an affected family is effective on the date the notice is created.
Subd. 3. Duration. If a provider's payment is suspended under chapter 245E or a provider's authorization is denied or revoked under section 119B.13, subdivision 6, paragraph (d), clause (1) or (2), the provider's denial, revocation, temporary suspension, or payment suspension remains in effect until:
(1) the commissioner or a law enforcement authority determines that there is insufficient evidence warranting the action and a county agency or the commissioner does not pursue an additional administrative remedy under chapter 245E or section 256.98; or
(2) all criminal, civil, and administrative proceedings related to the provider's alleged misconduct conclude and any appeal rights are exhausted.
Subd. 4. Good cause exception. The commissioner may find that good cause exists not to deny, revoke, or suspend a provider's authorization, or not to continue a denial, revocation, or suspension of a provider's authorization if any of the following are applicable:
(1) a law enforcement authority specifically requested that a provider's authorization not be denied, revoked, or suspended because that action may compromise an ongoing investigation;
(2) the commissioner determines that the denial, revocation, or suspension should be removed based on the provider's written submission; or
(3) the commissioner determines that the denial, revocation, or suspension is not in the best interests of the program.
1Sp2019 c 9 art 1 s 17
Structure Minnesota Statutes
Chapters 119A - 119B — Children And Families
Chapter 119B — Child Care Programs
Section 119B.011 — Definitions.
Section 119B.02 — Duties Of Commissioner.
Section 119B.025 — Duties Of Counties.
Section 119B.03 — Basic Sliding Fee Program.
Section 119B.035 — At-home Infant Child Care Program.
Section 119B.04 — Federal Child Care And Development Fund.
Section 119B.05 — Mfip Child Care Assistance Program.
Section 119B.06 — Federal Child Care And Development Block Grant.
Section 119B.08 — Reporting And Payments.
Section 119B.09 — Financial Eligibility.
Section 119B.095 — Child Care Authorizations.
Section 119B.097 — Authorization With A Secondary Provider.
Section 119B.10 — Employment, Education, Or Training Eligibility.
Section 119B.105 — Extended Eligibility And Authorization.
Section 119B.11 — County Contribution.
Section 119B.12 — Sliding Fee Scale.
Section 119B.125 — Provider Requirements.
Section 119B.13 — Child Care Rates.
Section 119B.14 — Extension Of Employment Opportunities.
Section 119B.15 — Administrative Expenses.
Section 119B.16 — Fair Hearing Process.
Section 119B.161 — Administrative Review.
Section 119B.189 — Child Care Services Grant Definitions.
Section 119B.21 — Child Care Services Grants.
Section 119B.24 — Duties Of Commissioner.
Section 119B.25 — Child Care Improvement Grants.
Section 119B.26 — Authority To Waive Requirements During Disaster Periods.