1998 Minnesota Statutes

     245A.09 Rules. 

    Subdivision 1.    Commissioner's authority.  The 
 commissioner shall adopt rules under chapter 14 to govern the 
 operation, maintenance, and licensure of programs subject to 
 licensure under sections 245A.01 to 245A.16.  The commissioner 
 shall not adopt any rules that are inconsistent with or 
 duplicative of existing state or federal regulations.  Nothing 
 in this subdivision shall be construed to prohibit the 
 commissioner from incorporating existing state or federal 
 regulations or accreditation standards by reference. 

    Subd. 2.    Standards and regulatory methods.  This 
 subdivision applies to rules governing sections 245A.01 to 
 245A.16 that are adopted after July 1, 1987.  As appropriate for 
 each type of license:  

    (a) The commissioner shall give preference in rule to 
 standards that describe program outcomes and the practices that 
 have been shown to result in the desired program outcomes.  

    (b) The rules may include model program standards for each 
 type of program licensed by the commissioner.  

    (c) The rules shall include basic licensing standards 
 governing licensure of each type of program licensed by the 
 commissioner.  The basic licensing standards must be met by all 
 applicants and license holders.  Basic licensing standards must 
 include, but are not limited to: 

    (1) standards for adequate staff that take into account the 
 age distribution and severity of handicap of persons served by 
 the program; 

    (2) safety standards that take into account the size and 
 conditions of the physical plant and studies of fire safety 
 including studies of the interaction between fire detection 
 factors, fire spread factors, and evacuation factors in case of 
 a fire; 

    (3) standards for program services that describe, when 
 appropriate, adequate levels of shelter, nutrition, planned 
 activities, materials, and qualifications of individuals 
 responsible for administering and delivering program services; 

    (4) standards that describe the characteristics of the 
 settings where program services are to be delivered; and 

    (5) health and sanitation standards. 

    Subd. 3.    Reduction of fees.  The commissioner may 
 adopt rules under subdivision 1 to provide for the reduction of 
 fees established under section 245A.10 when a license holder 
 substantially exceeds the basic standards for licensure. 

    Subd. 4.    Evaluation of rules.  For rules adopted 
 under this section after July 1, 1987, the commissioner shall 
 evaluate the effects of the rules within three years after the 
 date of adoption and at least once every five years thereafter.  
 The evaluation must include an assessment of any discrepancies 
 between the actual and intended effects of the rules, 
 identification of necessary revisions, if any, and a discussion 
 of the rules' effect on the availability and quality of licensed 
 programs.  The commissioner shall consider the results of the 
 evaluation in amending and writing rules. 

    Subd. 5.    Other duties of the commissioner.  For rules 
 adopted after July 1, 1987, the commissioner shall: 

    (1) summarize the rules in language understandable to the 
 general public and inform license holders and applicants where 
 they may obtain a copy of the rules and the summary; 

    (2) develop and provide each applicant with information 
 describing the services offered to applicants by the 
 commissioner and explaining the penalties for operating an 
 unlicensed program or failing to fully comply with the 
 commissioner's correction orders or applicable laws or rules; 

    (3) upon request, interpret rules for applicants and 
 license holders; and 

    (4) take measures to ensure that rules are enforced 
 uniformly throughout the state. 

    Subd. 6.    Consultation with affected parties.  In 
 developing rules, the commissioner shall request and receive 
 consultation from:  other state departments and agencies; 
 counties and other affected political subdivisions that reflect 
 the diversity of political subdivisions affected by the rule; 
 persons and relatives of persons using the program governed by 
 the rule; advocacy groups; and representatives of license 
 holders affected by the rule.  In choosing parties for 
 consultation, the commissioner shall choose individuals and 
 representatives of groups that reflect a cross section of urban, 
 suburban, and rural areas of the state. 

    Subd. 7.    Regulatory methods.  (a) Where appropriate 
 and feasible the commissioner shall identify and implement 
 alternative methods of regulation and enforcement to the extent 
 authorized in this subdivision.  These methods shall include: 

    (1) expansion of the types and categories of licenses that 
 may be granted; 

    (2) when the standards of another state or federal 
 governmental agency or an independent accreditation body have 
 been shown to predict compliance with the rules, the 
 commissioner shall consider compliance with the governmental or 
 accreditation standards to be equivalent to partial compliance 
 with the rules; and 

    (3) use of an abbreviated inspection that employs key 
 standards that have been shown to predict full compliance with 
 the rules. 

    (b) The commissioner shall work with the commissioners of 
 health, public safety, administration, and children, families, 
 and learning in consolidating duplicative licensing and 
 certification rules and standards if the commissioner determines 
 that consolidation is administratively feasible, would 
 significantly reduce the cost of licensing, and would not reduce 
 the protection given to persons receiving services in licensed 
 programs.  Where administratively feasible and appropriate, the 
 commissioner shall work with the commissioners of health, public 
 safety, administration, and children, families, and learning in 
 conducting joint agency inspections of programs. 

    (c) The commissioner shall work with the commissioners of 
 health, public safety, administration, and children, families, 
 and learning in establishing a single point of application for 
 applicants who are required to obtain concurrent licensure from 
 more than one of the commissioners listed in this clause. 

    (d) The commissioner may specify in rule periods of 
 licensure up to two years. 

    Subd. 8.    Interpretive guidelines; authority.  The 
 commissioner of human services may develop and publish 
 interpretive guidelines. 

    Subd. 9.    Effect of interpretive guidelines.  
 Interpretive guidelines do not have the force and effect of law 
 and have no precedential effect, but may be relied on by 
 consumers, providers of service, county agencies, the department 
 of human services, and others concerned until revoked or 
 modified.  A guideline may be expressly revoked or modified by 
 the commissioner, by the issuance of another interpretive 
 guideline, but may not be revoked or modified retroactively to 
 the detriment of consumers, providers of service, county 
 agencies, the department of human services, or others 
 concerned.  A change in the law or an interpretation of the law 
 occurring after the interpretive guidelines are issued, whether 
 in the form of a statute, court decision, administrative ruling, 
 or subsequent interpretive guideline, results in the revocation 
 or modification of the previously adopted guidelines to the 
 extent that the change affects the guidelines. 

    Subd. 10.    Rulemaking process; commissioner exempted.  
 When developing, making, adopting, and issuing interpretive 
 guidelines under the authority granted under subdivision 8, the 
 commissioner is exempt from the rulemaking provisions of chapter 
 14 until July 1, 1998. 

    Subd. 11.    Issuance; discretion of the commissioner.  
 The issuance of interpretive guidelines is at the discretion of 
 the commissioner of human services. 

    Subd. 12.    Publication of guidelines.  The 
 commissioner shall publish notice of interpretive guidelines 
 availability in the State Register.  The commissioner may 
 publish or make available the interpretive guidelines in any 
 manner determined by the commissioner, provided they are 
 accessible to the general public.  The commissioner may charge a 
 reasonable fee for copies of the guidelines requested by 
 interested parties when they are provided by the commissioner. 

    HIST: 1987 c 333 s 9; 1993 c 338 s 7; 1995 c 207 art 2 s 
 15-19; 1Sp1995 c 3 art 16 s 13; 1997 c 187 art 4 s 7; 1997 c 248 
 s 30