SF 1315

as introduced - 94th Legislature (2025 - 2026) Posted on 03/07/2025 08:55am

A bill for an act
relating to child care licensing; modifying requirements for correction orders;
amending Minnesota Statutes 2024, section 142B.16, subdivision 2.

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

Section 1.

Minnesota Statutes 2024, 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 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 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.

new text begin (b) new text end Upon implementation of the provider licensing and reporting hub, the provider must
use the hub to request reconsideration new text begin under paragraph (a) new text end . A request for reconsideration
does not stay any provisions or requirements of the correction order. new text begin The commissioner's
disposition of a request for reconsideration must be made in writing and must be postmarked
and sent to the applicant or license holder or submitted in the provider licensing and reporting
hub within 90 calendar days, or 45 calendar days if the review is expedited under paragraph
(c), from the date the commissioner received the request for reconsideration. new text end The
commissioner's disposition of a request for reconsideration is final and not subject to appeal
under chapter 14.

deleted text begin (b) deleted text end new text begin (c) new text end 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.

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

new text begin (1) after the 20-calendar-day period for requesting reconsideration; or
new text end

new text begin (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 end