SF 5014

Introduction - 94th Legislature (2025 - 2026)

Posted on 04/10/2026 09:12 a.m.

A bill for an act
relating to child care licensing; modifying requirements for correction orders;
amending Minnesota Statutes 2025 Supplement, section 142B.16, subdivision 2.

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

Section 1.

Minnesota Statutes 2025 Supplement, section 142B.16, subdivision 2, is amended
to read:

Subd. 2.

Reconsideration of correction orders.

(a) If the applicant or license holder
believes that the contents of the commissioner's correction order are in error, the applicant
or license holder may ask the Department of Children, Youth, and Families to reconsider
the parts of the correction order 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 correction order under this paragraph, or receipt of the
interpretive guidance under paragraph (d), by the applicant or license holder or submitted
in the provider licensing and reporting hub within 20 calendar days from the date the
commissioner issued the order under this paragraph, or provided the interpretive guidance
under paragraph (d), through the hub, and:

(1) specify the parts of the correction order that are alleged to be in error;

(2) explain why they are in error; and

(3) include documentation to support the allegation of error.

(b) Upon implementation of the provider licensing and reporting hub, the provider must
use the hub to request reconsideration under this paragraph, or to request interpretive guidance
under paragraph (d). A request for reconsideration does not stay any provisions or
requirements of the correction order. The commissioner's disposition of a request for
reconsideration is final and not subject to appeal under chapter 14.

(c) This paragraph applies only to licensed family child care providers. A licensed family
child care provider who requests reconsideration of a correction order under paragraph (a)
may also request, on a form and in the manner prescribed by the commissioner, that the
commissioner expedite the review if:

(1) the provider is challenging a violation and provides a description of how complying
with the corrective action for that violation would require the substantial expenditure of
funds or a significant change to their program; and

(2) describes what actions the provider will take in lieu of the corrective action ordered
to ensure the health and safety of children in care pending the commissioner's review of the
correction order.

(d) Prior to a request for reconsideration under paragraph (a), if the applicant or license
holder believes that the applicable rule or statute is ambiguous or the commissioner's
interpretation of the applicable rule or statute is in error, the applicant or license holder may
ask the Department of Children, Youth, and Families to provide interpretive guidance on
the applicable rule or statute underlying the correction order.

new text begin (e) The commissioner must publicly post the notification of the correction order addressed
to the authorized agent of a licensed child care center or licensed family child care provider
on the department's website, subject to the limitations in paragraph (f).
new text end

deleted text begin (e) deleted text end new text begin (f) new text end The commissioner must not publicly post the correction order for licensed child
care centers or licensed family child care providers on the department's website until:

(1) after the 20-calendar-day period for requesting reconsideration; or

(2) if the applicant or license holder requested reconsideration, after the commissioner's
disposition of a request for reconsideration is provided to the applicant or license holder.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2027.
new text end