HF 2539

as introduced - 91st Legislature (2019 - 2020) Posted on 03/14/2019 02:08pm

A bill for an act
relating to human services; allowing for review of variance denials for family child
care providers; amending Minnesota Statutes 2018, section 245A.16, by adding a
subdivision.

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

Section 1.

Minnesota Statutes 2018, section 245A.16, is amended by adding a subdivision
to read:

new text begin Subd. 9. new text end

new text begin Denial of variances for family child care providers; review by
commissioner. new text end

new text begin (a) Notwithstanding subdivision 1, an applicant or licensed family child
care provider may request that the commissioner review a county agency's decision to deny
a variance under this section. The request for commissioner review must be made within
20 calendar days after the applicant or license holder receives the notice of denial, on a form
and in a manner prescribed by the commissioner. The request must include:
new text end

new text begin (1) the reasons that the applicant or license holder cannot comply with the relevant
provision of rule or statute;
new text end

new text begin (2) the alternative equivalent measures that the applicant or license holder will follow
to comply with the intent of the rule or statute and protect the health, safety, and well-being
of children in the applicant or license holder's care;
new text end

new text begin (3) the period of time for which the variance is requested; and
new text end

new text begin (4) a copy of the notice from the county agency denying the variance request.
new text end

new text begin (b) The commissioner's decision to grant or deny a variance request 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 January 1, 2020.
new text end