Minnesota Statutes
Chapter 245A — Human Services Licensing
Section 245A.05 — Denial Of Application.

(a) The commissioner may deny a license if an applicant or controlling individual:
(1) fails to submit a substantially complete application after receiving notice from the commissioner under section 245A.04, subdivision 1;
(2) fails to comply with applicable laws or rules;
(3) knowingly withholds relevant information from or gives false or misleading information to the commissioner in connection with an application for a license or during an investigation;
(4) has a disqualification that has not been set aside under section 245C.22 and no variance has been granted;
(5) has an individual living in the household who received a background study under section 245C.03, subdivision 1, paragraph (a), clause (2), who has a disqualification that has not been set aside under section 245C.22, and no variance has been granted;
(6) is associated with an individual who received a background study under section 245C.03, subdivision 1, paragraph (a), clause (6), who may have unsupervised access to children or vulnerable adults, and who has a disqualification that has not been set aside under section 245C.22, and no variance has been granted;
(7) fails to comply with section 245A.04, subdivision 1, paragraph (f) or (g);
(8) fails to demonstrate competent knowledge as required by section 245A.04, subdivision 6;
(9) has a history of noncompliance as a license holder or controlling individual with applicable laws or rules, including but not limited to this chapter and chapters 119B and 245C;
(10) is prohibited from holding a license according to section 245.095; or
(11) for a family foster setting, has nondisqualifying background study information, as described in section 245C.05, subdivision 4, that reflects on the individual's ability to safely provide care to foster children.
(b) An applicant whose application has been denied by the commissioner must be given notice of the denial, which must state the reasons for the denial in plain language. Notice must be given by certified mail or personal service. The notice must state the reasons the application was denied and must inform the applicant of the right to a contested case hearing under chapter 14 and Minnesota Rules, parts 1400.8505 to 1400.8612. The applicant may appeal the denial by notifying the commissioner in writing by certified mail or personal service. If mailed, the appeal must be postmarked and sent to the commissioner within 20 calendar days after the applicant received the notice of denial. If an appeal request is made by personal service, it must be received by the commissioner within 20 calendar days after the applicant received the notice of denial. Section 245A.08 applies to hearings held to appeal the commissioner's denial of an application.
1987 c 333 s 5; 1Sp2001 c 9 art 14 s 19; 2002 c 379 art 1 s 113; 2004 c 288 art 1 s 15; 2009 c 142 art 2 s 16; 2012 c 216 art 16 s 6; 2018 c 200 s 2; 1Sp2019 c 9 art 2 s 34; 1Sp2021 c 7 art 2 s 4

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.