Minnesota Legislature
Office of the Revisor of Statutes
Minnesota Administrative Rules
7700.0101 DEFINITIONS.
Subpart 1.
Scope.
As used in parts 7700.0100 to 7700.0105, the terms defined in this part have the meanings given them.
Subp. 2.
Agency.
"Agency" means the entity that made the eligibility determination being contested. Agency includes MNsure and, where applicable, any entity involved under a contract, subcontract, grant, or subgrant with MNsure that provides or operates programs or services for which appeals are available. Agency does not include the Minnesota Department of Commerce or the Minnesota Department of Health.
Subp. 3.
Appeal.
"Appeal" means a challenge to or dispute of an initial determination or redetermination made by MNsure enumerated under part 7700.0105, subpart 1, item A.
Subp. 4.
Appeal record.
"Appeal record" means all relevant records pertaining to the contested issues, including eligibility records filed in the proceeding, the appeal decision, all papers and requests filed in the proceeding, and if a hearing is held, the recording of the hearing testimony or an official report containing the substance of what happened at the hearing and any exhibits introduced at the hearing.
Subp. 5.
Appeals examiner.
"Appeals examiner" means a person appointed to conduct hearings under this part by the MNsure board and includes human services judges of the Department of Human Services and administrative law judges of the Office of Administrative Hearings, when acting under a delegation of authority from the MNsure board.
Subp. 6.
Appellant.
"Appellant" means the applicant or enrollee, the employer, or small business employer or employee submitting an appeal. Appellant includes the appellant's attorney or representative. An appellant who is not a business owner may file and appeal on his or her own behalf or on behalf of the appellant's household.
Subp. 7.
Business day.
"Business day" means any day other than a Saturday, Sunday, or legal holiday as defined in Minnesota Statutes, section 645.44.
Subp. 8.
Business hours.
"Business hours" means the hours between 8:30 a.m. and 4:30 p.m., Central Standard Time, on business days.
Subp. 8a.
Case file.
"Case file" means the information, documents, and data, in whatever form, which have been generated, collected, stored, or disseminated by the agency in connection with the person and the program or service involved.
Subp. 9.
Chief appeals examiner.
"Chief appeals examiner" means the chief human services judge of the Department of Human Services and the chief administrative law judge of the Office of Administrative Hearings, when acting under a delegation of authority from the MNsure board.
Subp. 10.
De novo review.
"De novo review" means a review of an appeal without deference to prior decisions in the case and can include making new findings of fact based on the appeal record.
Subp. 11.
Eligibility.
"Eligibility" means meeting the stipulated requirements for participation in a program or access to a service or product.
Subp. 12.
MNsure board or board.
"MNsure board" or "board" means the entity established in Minnesota Statutes, chapter 62V, as a board under Minnesota Statutes, section 15.012, and should be understood to include any individual or entity to whom the board has delegated a specific power or authority either directly or through an interagency agreement when that individual or entity is exercising the delegation.
Subp. 13.
Party or parties.
"Party" or "parties" means the appellants and agencies that are involved in an appeal and who have the legal right to make claims and defenses, offer proof, and examine and cross-examine witnesses during the appeal.
Subp. 15.
Preponderance of the evidence.
"Preponderance of the evidence" means, in light of the record as a whole, the evidence leads the appeals examiner to believe that the finding of fact is more likely to be true than not true.
Subp. 16.
Representative.
"Representative" means a person who is empowered by the party to support, speak for, or act on behalf of the party. Representative includes legal counsel, relative, friend, or other spokesperson or authorized representative under Code of Federal Regulations, title 45, section 155.227.
History:
38 SR 397; 40 SR 1602
Published Electronically:
June 20, 2016
Official Publication of the State of Minnesota
Revisor of Statutes