HF 1311

1st Engrossment - 90th Legislature (2017 - 2018) Posted on 03/09/2017 10:53am

A bill for an act
relating to human services; requiring county licensing agencies to offer and conduct
exit interviews for family child care providers; authorizing a fix-it ticket alternative
to a correction order in certain circumstances; amending Minnesota Statutes 2016,
section 245A.04, subdivision 4; proposing coding for new law in Minnesota
Statutes, chapter 245A.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2016, section 245A.04, subdivision 4, is amended to read:

Subd. 4.

Inspections; waiver.

(a) Before issuing an initial license, the commissioner
shall conduct an inspection of the program. The inspection must include but is not limited
to:

(1) an inspection of the physical plant;

(2) an inspection of records and documents;

(3) an evaluation of the program by consumers of the program; and

(4) observation of the program in operation.

For the purposes of this subdivision, "consumer" means a person who receives the
services of a licensed program, the person's legal guardian, or the parent or individual having
legal custody of a child who receives the services of a licensed program.

(b) The evaluation required in paragraph (a), clause (3) new text begin , new text end or the observation in paragraph
(a), clause (4) new text begin , new text end is not required prior to issuing an initial license under subdivision 7. If the
commissioner issues an initial license under subdivision 7, these requirements must be
completed within one year after the issuance of an initial license.

new text begin (c) Before completing a licensing inspection in a family child care program, the county
licensing agency must offer the family child care license holder an exit interview to discuss
violations of law or rule observed during the inspection and offer technical assistance on
how to comply with applicable laws and rules. Nothing in this paragraph limits the ability
of the commissioner to issue a correction order or negative action for violations of law or
rule not discussed in an exit interview or in the event that a family child care license holder
chooses not to participate in an exit interview.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective October 1, 2017.
new text end

Sec. 2.

new text begin [245A.065] FAMILY CHILD CARE FIX-IT TICKET.
new text end

new text begin (a) In lieu of a correction order under section 245A.06, the commissioner shall issue a
fix-it ticket to a family child care license holder if the commissioner finds that:
new text end

new text begin (1) the license holder has failed to comply with a requirement in this chapter or Minnesota
Rules, chapter 9502, that the commissioner determines to be eligible for a fix-it ticket;
new text end

new text begin (2) the violation does not imminently endanger the health, safety, or rights of the persons
served by the program;
new text end

new text begin (3) the license holder did not receive a fix-it ticket or correction order for the violation
at the license holder's last licensing inspection;
new text end

new text begin (4) the violation can be corrected at the time of inspection or within 48 hours excluding
Saturdays, Sundays, and holidays; and
new text end

new text begin (5) the license holder corrects the violation at the time of inspection or agrees to correct
the violation within 48 hours excluding Saturdays, Sundays, and holidays.
new text end

new text begin (b) The fix-it ticket must state:
new text end

new text begin (1) the conditions that constitute a violation of the law or rule;
new text end

new text begin (2) the specific law or rule violated; and
new text end

new text begin (3) that the violation was corrected at the time of inspection or must be corrected within
48 hours excluding Saturdays, Sundays, and holidays.
new text end

new text begin (c) The commissioner shall not publicly publish a fix-it ticket on the department's Web
site.
new text end

new text begin (d) Within 48 hours excluding Saturdays, Sundays, and holidays of receiving a fix-it
ticket, the family child care license holder must correct the violation and within one week
submit evidence to the county licensing agency that the violation was corrected.
new text end

new text begin (e) If the violation is not corrected at the time of inspection or within 48 hours excluding
Saturdays, Sundays, and holidays, or the evidence submitted is insufficient to establish that
the license holder corrected the violation, the commissioner must issue a correction order
for the violation of Minnesota law or rule identified in the fix-it ticket according to section
245A.06.
new text end

new text begin (f) If the provider believes that the contents of the commissioner's fix-it ticket are in
error, the provider may ask the Department of Human Services to reconsider the parts of
the fix-it ticket that are alleged to be in error. The request for reconsideration must be made
in writing and must be postmarked and sent to the commissioner within 20 calendar days
after receipt of the fix-it ticket by the provider, and must:
new text end

new text begin (1) specify the parts of the fix-it ticket that are alleged to be in error;
new text end

new text begin (2) explain why they are in error; and
new text end

new text begin (3) include documentation to support the allegation of error.
new text end

new text begin (g) A request for reconsideration under paragraph (f) does not stay any provisions or
requirements of the fix-it ticket. The commissioner's disposition of a request for
reconsideration is final and not subject to appeal under chapter 14.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective October 1, 2017.
new text end