Minnesota Statutes
Chapter 245A — Human Services Licensing
Section 245A.043 — License Application After Change Of Ownership.

Subdivision 1. Transfer prohibited. A license issued under this chapter is only valid for a premises and individual, organization, or government entity identified by the commissioner on the license. A license is not transferable or assignable.
Subd. 2. Change in ownership. (a) If the commissioner determines that there is a change in ownership, the commissioner shall require submission of a new license application. This subdivision does not apply to a licensed program or service located in a home where the license holder resides. A change in ownership occurs when:
(1) the license holder sells or transfers 100 percent of the property, stock, or assets;
(2) the license holder merges with another organization;
(3) the license holder consolidates with two or more organizations, resulting in the creation of a new organization;
(4) there is a change to the federal tax identification number associated with the license holder; or
(5) all controlling individuals associated with the original application have changed.
(b) Notwithstanding paragraph (a), clauses (1) and (5), no change in ownership has occurred if at least one controlling individual has been listed as a controlling individual for the license for at least the previous 12 months.
Subd. 3. Change of ownership process. (a) When a change in ownership is proposed and the party intends to assume operation without an interruption in service longer than 60 days after acquiring the program or service, the license holder must provide the commissioner with written notice of the proposed change on a form provided by the commissioner at least 60 days before the anticipated date of the change in ownership. For purposes of this subdivision and subdivision 4, "party" means the party that intends to operate the service or program.
(b) The party must submit a license application under this chapter on the form and in the manner prescribed by the commissioner at least 30 days before the change in ownership is complete, and must include documentation to support the upcoming change. The party must comply with background study requirements under chapter 245C and shall pay the application fee required under section 245A.10. A party that intends to assume operation without an interruption in service longer than 60 days after acquiring the program or service is exempt from the requirements of sections 245G.03, subdivision 2, paragraph (b), and 254B.03, subdivision 2, paragraphs (d) and (e).
(c) The commissioner may streamline application procedures when the party is an existing license holder under this chapter and is acquiring a program licensed under this chapter or service in the same service class as one or more licensed programs or services the party operates and those licenses are in substantial compliance. For purposes of this subdivision, "substantial compliance" means within the previous 12 months the commissioner did not (1) issue a sanction under section 245A.07 against a license held by the party, or (2) make a license held by the party conditional according to section 245A.06.
(d) Except when a temporary change in ownership license is issued pursuant to subdivision 4, the existing license holder is solely responsible for operating the program according to applicable laws and rules until a license under this chapter is issued to the party.
(e) If a licensing inspection of the program or service was conducted within the previous 12 months and the existing license holder's license record demonstrates substantial compliance with the applicable licensing requirements, the commissioner may waive the party's inspection required by section 245A.04, subdivision 4. The party must submit to the commissioner (1) proof that the premises was inspected by a fire marshal or that the fire marshal deemed that an inspection was not warranted, and (2) proof that the premises was inspected for compliance with the building code or that no inspection was deemed warranted.
(f) If the party is seeking a license for a program or service that has an outstanding action under section 245A.06 or 245A.07, the party must submit a letter as part of the application process identifying how the party has or will come into full compliance with the licensing requirements.
(g) The commissioner shall evaluate the party's application according to section 245A.04, subdivision 6. If the commissioner determines that the party has remedied or demonstrates the ability to remedy the outstanding actions under section 245A.06 or 245A.07 and has determined that the program otherwise complies with all applicable laws and rules, the commissioner shall issue a license or conditional license under this chapter. The conditional license remains in effect until the commissioner determines that the grounds for the action are corrected or no longer exist.
(h) The commissioner may deny an application as provided in section 245A.05. An applicant whose application was denied by the commissioner may appeal the denial according to section 245A.05.
(i) This subdivision does not apply to a licensed program or service located in a home where the license holder resides.
Subd. 4. Temporary change in ownership license. (a) After receiving the party's application pursuant to subdivision 3, upon the written request of the existing license holder and the party, the commissioner may issue a temporary change in ownership license to the party while the commissioner evaluates the party's application. Until a decision is made to grant or deny a license under this chapter, the existing license holder and the party shall both be responsible for operating the program or service according to applicable laws and rules, and the sale or transfer of the existing license holder's ownership interest in the licensed program or service does not terminate the existing license.
(b) The commissioner may issue a temporary change in ownership license when a license holder's death, divorce, or other event affects the ownership of the program and an applicant seeks to assume operation of the program or service to ensure continuity of the program or service while a license application is evaluated.
(c) This subdivision applies to any program or service licensed under this chapter.
1Sp2019 c 9 art 2 s 33; 2021 c 30 art 2 s 1

Structure Minnesota Statutes

Minnesota Statutes

Chapters 245 - 267 — Public Welfare And Related Activities

Chapter 245A — Human Services Licensing

Section 245A.01 — Citation.

Section 245A.02 — Definitions.

Section 245A.03 — Who Must Be Licensed.

Section 245A.035 — Unlicensed Emergency Relative Placement.

Section 245A.04 — Application Procedures.

Section 245A.041 — Systems And Records.

Section 245A.042 — Home And Community-based Services; Additional Standards And Procedures.

Section 245A.043 — License Application After Change Of Ownership.

Section 245A.05 — Denial Of Application.

Section 245A.055 — Closing A License.

Section 245A.06 — Correction Order And Conditional License.

Section 245A.065 — Child Care Fix-it Ticket.

Section 245A.07 — Sanctions.

Section 245A.075 — Disqualified Individual; Denial, Conditional License, Revocation.

Section 245A.08 — Hearings.

Section 245A.081 — Settlement Agreement.

Section 245A.085 — Consolidation Of Hearings; Reconsideration.

Section 245A.09 — Rules.

Section 245A.095 — Rules For Programs Serving Persons With Mental Illnesses.

Section 245A.10 — Fees.

Section 245A.11 — Special Conditions For Residential Programs.

Section 245A.12 — Voluntary Receivership For Residential Or Nonresidential Programs.

Section 245A.13 — Involuntary Receivership For Residential Or Nonresidential Programs.

Section 245A.14 — Special Conditions For Nonresidential Programs.

Section 245A.143 — Family Adult Day Services.

Section 245A.1434 — Information For Child Care License Holders.

Section 245A.1435 — Reduction Of Risk Of Sudden Unexpected Infant Death In Licensed Programs.

Section 245A.144 — Training On Risk Of Sudden Unexpected Infant Death And Abusive Head Trauma For Child Foster Care Providers.

Section 245A.1443 — Substance Use Disorder Treatment Licensed Programs That Serve Parents With Their Children.

Section 245A.1444 — Training By Other Programs On Risk Of Sudden Unexpected Infant Death And Abusive Head Trauma.

Section 245A.1445 — Dangers Of Shaking Infants And Young Children.

Section 245A.145 — Child Care Program Reporting Notification.

Section 245A.146 — Crib Safety Requirements.

Section 245A.147 — Family Child Care Infant Sleep Supervision Requirements.

Section 245A.148 — Family Child Care Diapering Area Disinfection.

Section 245A.149 — Supervision Of Family Child Care License Holder's Own Child.

Section 245A.15 — Regulation Of Family Day Care By Local Government.

Section 245A.151 — Fire Marshal Inspection.

Section 245A.1511 — Contractors Serving Multiple Family Child Care License Holders.

Section 245A.152 — Child Care License Holder Insurance.

Section 245A.155 — Care Of Individuals On Medical Monitoring Equipment.

Section 245A.156 — Disclosure Of Communicable Disease.

Section 245A.16 — Standards For County Agencies And Private Agencies.

Section 245A.167 — Public Funds Program Integrity Monitoring.

Section 245A.175 — Child Foster Care Training Requirement; Mental Health Training; Fetal Alcohol Spectrum Disorders Training.

Section 245A.18 — Child Passenger Restraint Systems.

Section 245A.19 — Hiv Training In Substance Use Disorder Treatment Program.

Section 245A.191 — Provider Eligibility For Payments From The Behavioral Health Fund.

Section 245A.22 — Independent Living Assistance For Youth.

Section 245A.23 — Positive Support Strategies; Child Care.

Section 245A.24 — Mandatory Reporting.

Section 245A.25 — Residential Program Certifications For Compliance With The Family First Prevention Services Act.

Section 245A.26 — Children's Residential Facility Crisis Stabilization Services.

Section 245A.30 — Licensing Prohibition For Certain Facilities Serving Children.

Section 245A.40 — Child Care Center Training Requirements.

Section 245A.41 — Child Care Center Health And Safety Requirements.

Section 245A.50 — Family Child Care Training Requirements.

Section 245A.51 — Family Child Care Health And Safety Requirements.

Section 245A.52 — Family Child Care Physical Space Requirements.

Section 245A.53 — Substitute Caregivers And Replacements In Family Child Care.

Section 245A.65 — Maltreatment Of Vulnerable Adults.

Section 245A.66 — Requirements; Maltreatment Of Minors.

Section 245A.70 — Remote Adult Day Services.

Section 245A.71 — Applicability And Scope.

Section 245A.72 — Record Requirements.

Section 245A.73 — Remote Adult Day Services Staff.

Section 245A.74 — Individual Service Planning.

Section 245A.75 — Service And Program Requirements.