2006 Minnesota Statutes

245C.21 REQUESTING RECONSIDERATION OF DISQUALIFICATION.
    Subdivision 1. Who may request reconsideration. An individual who is the subject of a
disqualification may request a reconsideration of the disqualification. The individual must submit
the request for reconsideration to the commissioner in writing.
    Subd. 2. Time frame for requesting reconsideration. (a) When the commissioner sends
an individual a notice of disqualification based on a finding under section 245C.16, subdivision
2 , paragraph (a), clause (1) or (2), the disqualified individual must submit the request for a
reconsideration within 30 calendar days of the individual's receipt of the notice of disqualification.
If mailed, the request for reconsideration must be postmarked and sent to the commissioner
within 30 calendar days of the individual's receipt of the notice of disqualification. If a request for
reconsideration is made by personal service, it must be received by the commissioner within 30
calendar days after the individual's receipt of the notice of disqualification. Upon showing that the
information under subdivision 3 cannot be obtained within 30 days, the disqualified individual
may request additional time, not to exceed 30 days, to obtain the information.
(b) When the commissioner sends an individual a notice of disqualification based on a
finding under section 245C.16, subdivision 2, paragraph (a), clause (3), the disqualified individual
must submit the request for reconsideration within 15 calendar days of the individual's receipt
of the notice of disqualification. If mailed, the request for reconsideration must be postmarked
and sent to the commissioner within 15 calendar days of the individual's receipt of the notice of
disqualification. If a request for reconsideration is made by personal service, it must be received
by the commissioner within 15 calendar days after the individual's receipt of the notice of
disqualification.
(c) An individual who was determined to have maltreated a child under section 626.556
or a vulnerable adult under section 626.557, and who is disqualified on the basis of serious
or recurring maltreatment, may request a reconsideration of both the maltreatment and the
disqualification determinations. The request must be submitted within 30 calendar days of the
individual's receipt of the notice of disqualification. If mailed, the request for reconsideration
must be postmarked and sent to the commissioner within 30 calendar days of the individual's
receipt of the notice of disqualification. If a request for reconsideration is made by personal
service, it must be received by the commissioner within 30 calendar days after the individual's
receipt of the notice of disqualification.
    Subd. 3. Information disqualified individuals must provide when requesting
reconsideration. The disqualified individual requesting reconsideration must submit information
showing that:
(1) the information the commissioner relied upon in determining the underlying conduct that
gave rise to the disqualification is incorrect;
(2) for maltreatment, the information the commissioner relied upon in determining that
maltreatment was serious or recurring is incorrect; or
(3) the subject of the study does not pose a risk of harm to any person served by the applicant,
license holder, or other entities as provided in this chapter, by addressing the information required
under section 245C.22, subdivision 4.
    Subd. 4. Notice of request for reconsideration. Upon request, the commissioner may
inform the applicant, license holder, or other entities as provided in this chapter who received a
notice of the individual's disqualification under section 245C.17, subdivision 3, or has the consent
of the disqualified individual, whether the disqualified individual has requested reconsideration.
History: 2003 c 15 art 1 s 21; 2004 c 288 art 1 s 59,60; 1Sp2005 c 4 art 1 s 34