SF 1953

as introduced - 90th Legislature (2017 - 2018) Posted on 03/09/2017 08:22am

A bill for an act
relating to human services; modifying administrative law procedures for certain
child care providers; amending Minnesota Statutes 2016, section 245A.08,
subdivisions 4, 5.

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

Section 1.

Minnesota Statutes 2016, section 245A.08, subdivision 4, is amended to read:

Subd. 4.

Recommendation new text begin or decision new text end of administrative law judge.

new text begin (a) Except as
provided in paragraph (b), new text end the administrative law judge shall recommend whether or not
the commissioner's order should be affirmed. The recommendations must be consistent with
this chapter and the rules of the commissioner. The recommendations must be in writing
and accompanied by findings of fact and conclusions and must be mailed to the parties by
certified mail to their last known addresses as shown on the license or application.

new text begin (b) Following a hearing relating to the license of a family child care provider or group
family child care provider, the administrative law judge shall decide whether the
commissioner's order should be affirmed. The decision of the administrative law judge is
binding on both parties to the proceeding and is the final decision of the commissioner. The
decision of the administrative law judge must be:
new text end

new text begin (1) consistent with this chapter and the applicable licensing rules;
new text end

new text begin (2) in writing and accompanied by findings of fact and conclusions of law; and
new text end

new text begin (3) mailed to the parties by certified mail to the parties' last known addresses as shown
on the parties' license or application.
new text end

new text begin Any person aggrieved by a final decision under this paragraph is entitled to seek judicial
review of the decision under the provisions of sections 14.63 to 14.68.
new text end

Sec. 2.

Minnesota Statutes 2016, section 245A.08, subdivision 5, is amended to read:

Subd. 5.

Notice of commissioner's final order.

After considering the findings of fact,
conclusions, and recommendations of the administrative law judge, the commissioner shall
issue a final order. The commissioner shall consider, but shall not be bound by, the
recommendations of the administrative law judge. The appellant must be notified of the
commissioner's final order as required by chapter 14 and Minnesota Rules, parts 1400.8505
to 1400.8612. The notice must also contain information about the appellant's rights under
chapter 14 and Minnesota Rules, parts 1400.8505 to 1400.8612. The institution of
proceedings for judicial review of the commissioner's final order shall not stay the
enforcement of the final order except as provided in section 14.65. new text begin This subdivision does
not apply to hearings relating to the license of a family child care provider or group family
child care provider.
new text end