SF 1159

as introduced - 90th Legislature (2017 - 2018) Posted on 02/21/2017 08:47am

A bill for an act
relating to human services; creating fix-it tickets for certain licensing violations;
modifying certain provisions for conditional licenses; amending Minnesota Statutes
2016, section 245A.06, subdivision 1, by adding a subdivision; repealing Minnesota
Statutes 2016, section 245A.06, subdivision 8.

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

Section 1.

Minnesota Statutes 2016, section 245A.06, subdivision 1, is amended to read:

Subdivision 1.

Contents of correction orders and conditional licenses.

(a) If the
commissioner finds that the applicant or license holder has failed to comply with an
applicable law or rule and this failure does not imminently endanger the health, safety, or
rights of the persons served by the program, the commissioner may issue a correction order
and an order of conditional license to the applicant or license holder. When issuing a
conditional license, the commissioner shall consider the nature, chronicity, or severity of
the violation of law or rule and the effect of the violation on the health, safety, or rights of
persons served by the program. The correction order or conditional license must state:

(1) the conditions that constitute a violation of the law or rule;

(2) the specific law or rule violated;

(3) the time allowed to correct each violation; and

(4) if a license is made conditional, the length and terms of the conditional license.

(b) Nothing in this section prohibits the commissioner from proposing a sanction as
specified in section 245A.07, prior to issuing a correction order or conditional license.

new text begin (c) A correction order or an order of conditional license must be posted for one year and
include the applicant's or license holder's response to the correction order or an order of
conditional license.
new text end

new text begin (d) During a licensing inspection, if a correction order or an order of conditional license
may be issued, the license holder must be informed of the potential correction order or an
order of correctional license at the time of the licensing inspection.
new text end

Sec. 2.

Minnesota Statutes 2016, section 245A.06, is amended by adding a subdivision to
read:

new text begin Subd. 1b. new text end

new text begin Fix-it ticket. new text end

new text begin (a) The commissioner may issue a fix-it ticket if the applicant's
or license holder's failure to comply with an applicable law or rule does not imminently
endanger the health, safety, and rights of persons served by the program and satisfactory
resolution can be achieved at the time of inspection or within two business days from the
time of inspection. The fix-it ticket must state:
new text end

new text begin (1) the conditions that constitute a violation of the law or rule;
new text end

new text begin (2) the specific law or rule violated; and
new text end

new text begin (3) action required to correct each violation.
new text end

new text begin (b) To resolve a violation for which a fix-it ticket was issued, the applicant or license
holder must submit proof of compliance within two business days to the licensing agency.
A fix-it ticket must be posted for public record for 30 days and include the applicant's or
license holder's corrective action to demonstrate compliance. If a violation is not resolved
within two business days the fix-it ticket automatically results in a correction order. If a
fix-it ticket results in a correction order, the applicant or license holder may request
reconsideration of the correction order according to this section.
new text end

Sec. 3. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2016, section 245A.06, subdivision 8, new text end new text begin is repealed.
new text end

APPENDIX

Repealed Minnesota Statutes: 17-2642

245A.06 CORRECTION ORDER AND CONDITIONAL LICENSE.

Subd. 8.

Requirement to post correction order.

For licensed family child care providers and child care centers, upon receipt of any correction order or order of conditional license issued by the commissioner under this section, and notwithstanding a pending request for reconsideration of the correction order or order of conditional license by the license holder, the license holder shall post the correction order or order of conditional license in a place that is conspicuous to the people receiving services and all visitors to the facility for two years. When the correction order or order of conditional license is accompanied by a maltreatment investigation memorandum prepared under section 626.556 or 626.557, the investigation memoranda must be posted with the correction order or order of conditional license.