Minnesota Session Laws - 1987, Regular Session

  

                         Laws of Minnesota 1987 

                        CHAPTER 333-H.F.No. 1210 
           An act relating to human services; regulating the 
          licensure of programs for the care of children or of 
          adults with certain disabilities; providing penalties; 
          replacing the existing licensure law; amending 
          Minnesota Statutes 1986, sections 256D.01, by adding a 
          subdivision; and 256D.37, by adding a subdivision; 
          proposing coding for new law as Minnesota Statutes, 
          chapter 245A; repealing Minnesota Statutes 1986, 
          sections 245.781; 245.782; 245.783; 245.791; 245.792; 
          245.801; 245.802; 245.803; 245.804; 245.805; 245.811; 
          245.812; 245.88; 245.881; 245.882; 245.883; 245.884; 
          and 245.885. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  [245A.01] [CITATION.] 
    Sections 1 to 17 may be cited as the "human services 
licensing act." 
    Sec. 2.  [245A.02] [DEFINITIONS.] 
    Subdivision 1.  [SCOPE.] The terms used in sections 1 to 17 
have the meanings given them in this section. 
    Subd. 2.  [ADULT.] "Adult" means a person who is 18 years 
old or older and who: 
    (1) has mental illness, mental retardation or a related 
condition, a physical handicap, or a functional impairment; or 
    (2) is chemically dependent or abuses chemicals. 
    Subd. 3.  [APPLICANT.] "Applicant" means an individual, 
corporation, partnership, voluntary association or other 
organization that has applied for licensure under sections 1 to 
17 and the rules of the commissioner. 
     Subd. 4.  [CHILD.] "Child" means a person who has not 
reached age 18. 
     Subd. 5.  [COMMISSIONER.] "Commissioner" means the 
commissioner of human services or the commissioner's designated 
representative including county agencies and private agencies.  
    Subd. 6.  [COUNTY AGENCY.] "County agency" means the agency 
designated by the county board of commissioners, human service 
boards, county welfare boards or multicounty welfare boards, or 
departments where those have been established under the law. 
    Subd. 7.  [FUNCTIONAL IMPAIRMENT.] For the purposes of 
adult day care or adult foster care, "functional impairment" 
means: 
    (1) a condition that is characterized by substantial 
difficulty in carrying out one or more of the essential major 
activities of daily living, such as caring for oneself, 
performing manual tasks, walking, seeing, hearing, speaking, 
breathing, learning, working; or 
    (2) a disorder of thought or mood that significantly 
impairs judgment, behavior, capacity to recognize reality, or 
ability to cope with the ordinary demands of life and that 
requires support to maintain independence in the community. 
    Subd. 8.  [LICENSE.] "License" means a certificate issued 
by the commissioner authorizing the license holder to provide a 
specified program for a specified period of time and in 
accordance with the terms of the license and the rules of the 
commissioner. 
    Subd. 9.  [LICENSE HOLDER.] "License holder" means an 
individual, corporation, partnership, voluntary association, or 
other organization that is legally responsible for the operation 
of the program and has been granted a license by the 
commissioner under sections 1 to 17 and the rules of the 
commissioner. 
    Subd. 10.  [NONRESIDENTIAL PROGRAM.] "Nonresidential 
program" means care, supervision, rehabilitation, training or 
habilitation of a person provided outside the person's own home 
and provided for fewer than 24 hours a day, including adult 
day-care programs; a nursing home that receives public funds to 
provide services for five or more persons whose primary 
diagnosis is mental retardation or mental illness and who do not 
have a significant physical or medical problem that necessitates 
nursing home care; a nursing home or hospital that was licensed 
by the commissioner on July 1, 1987, to provide a program for 
persons with a physical handicap that is not the result of the 
normal aging process and considered to be a chronic condition; 
and chemical dependency or chemical abuse programs that are 
located in a nursing home or hospital and receive public funds 
for providing chemical abuse or chemical dependency treatment 
services under chapter 254B.  Nonresidential programs include 
home and community-based services and semi-independent living 
services for persons with mental retardation that are provided 
in or outside of a person's own home. 
    Subd. 11.  [PERSON.] "Person" means a child or adult as 
defined in subdivisions 2 and 4. 
    Subd. 12.  [PRIVATE AGENCY.] "Private agency" means an 
individual, corporation, partnership, voluntary association or 
other organization, other than a county agency, or a court with 
jurisdiction, that places persons who cannot remain in their own 
homes in residential programs, foster care, or adoptive homes. 
    Subd. 13.  [INDIVIDUAL WHO IS RELATED.] "Individual who is 
related" means a spouse, a parent, a stepparent, a stepbrother, 
a stepsister, a niece, a nephew, an adoptive parent, a 
grandparent, a sibling, an aunt, an uncle, or a legal guardian. 
    Subd. 14.  [RESIDENTIAL PROGRAM.] "Residential program" 
means a program that provides 24-hour-a-day care, supervision, 
food, lodging, rehabilitation, training, education, 
habilitation, or treatment outside a person's own home, 
including a nursing home or hospital that receives public funds, 
administered by the commissioner, to provide services for five 
or more persons whose primary diagnosis is mental retardation or 
mental illness and who do not have a significant physical or 
medical problem that necessitates nursing home care; a nursing 
home or hospital that was licensed by the commissioner on July 
1, 1987, to provide a program for persons with a physical 
handicap that is not the result of the normal aging process and 
considered to be a chronic condition; and chemical dependency or 
chemical abuse programs that are located in a hospital or 
nursing home and receive public funds for providing chemical 
abuse or chemical dependency treatment services under chapter 
254B.  Residential programs include home and community-based 
services and semi-independent living services for persons with 
mental retardation that are provided in or outside of a person's 
own home. 
    Sec. 3.  [245A.03] [WHO MUST BE LICENSED.] 
    Subdivision 1.  [LICENSE REQUIRED.] Unless licensed by the 
commissioner, an individual, corporation, partnership, voluntary 
association or other organization must not: 
    (1) operate a residential or a nonresidential program; 
    (2) receive a child or adult for care, supervision, or 
placement in foster care or adoption; 
    (3) help plan the placement of a child or adult in foster 
care or adoption; or 
    (4) advertise residential or nonresidential program. 
    Subd. 2.  [EXCLUSION FROM LICENSURE.] Sections 1 to 17 do 
not apply to: 
    (1) residential or nonresidential programs that are 
provided to a person by an individual who is related; 
    (2) nonresidential programs that are provided by an 
unrelated individual to persons from a single related family; 
    (3) residential or nonresidential programs that are 
provided to adults who do not abuse chemicals or who do not have 
a chemical dependency, a mental illness, mental retardation or a 
related condition, a functional impairment, or a physical 
handicap;  
    (4) sheltered workshops or work activity programs that are 
certified by the commissioner of jobs and training; 
    (5) programs for children enrolled in kindergarten to the 
12th grade and prekindergarten special education programs that 
are operated by the commissioner of education or a legally 
constituted local school board, or private schools that have 
been approved under the rules of the commissioner of education; 
    (6) nonresidential programs for children that provide care 
or supervision for periods of less than three hours a day while 
the child's parent or legal guardian is in the same building or 
present on property that is contiguous with the physical 
facility where the nonresidential program is provided; 
    (7) nursing homes or hospitals licensed by the commissioner 
of health except as specified under section 2; 
    (8) board and lodge facilities licensed by the commissioner 
of health that provide services for more than five persons whose 
primary diagnosis is mental illness or mental retardation who 
have refused services in a residential program; 
    (9) homes providing programs for persons placed there by a 
licensed agency for legal adoption, unless the adoption is not 
completed within two years; 
     (10) programs licensed by the commissioner of corrections; 
     (11) recreation programs for children or adults that 
operate for fewer than 40 calendar days in a calendar year; 
    (12) programs not located in family or group family day 
care homes whose primary purpose is to provide activities 
outside of the regular school day for children age five and 
older, until such time as appropriate rules have been adopted by 
the commissioner; 
    (13) head start nonresidential programs which operate for 
less than 31 days in each calendar year; 
    (14) noncertified boarding care homes unless they provide 
services for five or more persons whose primary diagnosis is 
mental illness or mental retardation; 
    (15) family day care for nonhandicapped children provided 
for a cumulative total of less than 30 days in any 12-month 
period; or 
    (16) residential programs for persons with mental illness, 
that are located in hospitals, until the commissioner adopts 
appropriate rules.  
    Subd. 3.  [UNLICENSED PROGRAMS.] (a) It is a misdemeanor 
for an individual, corporation, partnership, voluntary 
association, or other organization to provide a residential or 
nonresidential program without a license and in willful 
disregard of sections 1 to 17 unless the program is excluded 
from licensure under subdivision 2. 
    (b) If, after receiving notice that a license is required, 
the individual, corporation, partnership, voluntary association, 
or other organization has failed to apply for a license, the 
commissioner may ask the appropriate county attorney or the 
attorney general to begin proceedings to secure a court order 
against the continued operation of the program.  The county 
attorney and the attorney general have a duty to cooperate with 
the commissioner.  
    Sec. 4.  [245A.04] [APPLICATION PROCEDURES.] 
    Subdivision 1.  [APPLICATION FOR LICENSURE.] An individual, 
corporation, partnership, voluntary association or other 
organization subject to licensure under section 3 must apply for 
a license.  The application must be made on the forms and in the 
manner prescribed by the commissioner.  The commissioner shall 
provide the applicant with instruction in completing the 
application and provide information about the rules and 
requirements of other state agencies that affect the applicant.  
    The commissioner shall act on the application within 90 
working days after a complete application and any required 
reports have been received from other state agencies or 
departments, counties, municipalities, or other political 
subdivisions.  
    Subd. 2.  [NOTIFICATION OF AFFECTED MUNICIPALITY.] The 
commissioner must not issue a license without giving 30 calendar 
days' written notice to the affected municipality or other 
political subdivision unless the program is considered a 
permitted single-family residential use under sections 12 and 
15.  The notification must be given before the first issuance of 
a license and annually after that time if annual notification is 
requested in writing by the affected municipality or other 
political subdivision.  State funds must not be made available 
to or be spent by an agency or department of state, county, or 
municipal government for payment to a residential or 
nonresidential program licensed under sections 1 to 17 until the 
provisions of this subdivision have been complied with in full.  
The provisions of this subdivision shall not apply to programs 
located in hospitals. 
    Subd. 3.  [STUDY OF THE APPLICANT.] (a) Before issuing a 
license, the commissioner shall conduct a study of the 
applicant.  The applicant, the bureau of criminal apprehension, 
county attorneys, county sheriffs, county agencies, and local 
chiefs of police, after notice to the subject of the data, shall 
help with the study by giving the commissioner criminal 
conviction data, arrest information, reports about abuse or 
neglect of children or adults, and investigation results 
available from local, state, and national criminal record 
repositories, including the criminal justice data communications 
network, about: 
    (1) the applicant; 
    (2) persons living in the household where the licensed 
program will be provided; 
    (3) employees or contractors of the applicant who will have 
direct contact with persons served by the program; and 
    (4) volunteers who have direct contact with persons served 
by the program, if the contact is not directly supervised by the 
individuals listed in clause (1) or (3). 
    The commissioner and agencies required to help conduct the 
study may charge the applicant or the subject of the data a 
reasonable fee for conducting the study. 
    (b) A study must meet the following minimum criteria: 
    (1) if the subject of the data has resided in the same 
county for at least the past five years, the study must include 
information from the county sheriff and the county attorney; 
    (2) if the subject of the data has resided in the state, 
but not in the same county, for the past five years, the study 
must include information from the agencies listed in clause (1) 
and the bureau of criminal apprehension; and 
    (3) if the subject of the data has not resided in the state 
for at least five years, the study must include information from 
the agencies listed in clauses (1) and (2) and the national 
criminal records repository and the state law enforcement 
agencies in the states where the subject of the data has 
maintained a residence during the past five years. 
    (c) An applicant's failure or refusal to cooperate with the 
commissioner is reasonable cause to deny an application or 
revoke or suspend a license.  Failure or refusal of an 
individual to cooperate with the study is just cause for denying 
or terminating employment of the individual if the individual's 
failure or refusal to cooperate could cause the applicant's 
application to be denied or the license holder's license to be 
immediately suspended, suspended, or revoked. 
    (d) The commissioner shall not consider an application to 
be complete until all of the information required to be provided 
under this subdivision has been received. 
    Subd. 4.  [INSPECTIONS; WAIVER.] (a) Before issuing a 
license, the commissioner shall conduct an inspection of the 
program.  The inspection must include but is not limited to: 
    (1) an inspection of the physical plant; 
    (2) an inspection of records and documents; 
    (3) an evaluation of the program by consumers of the 
program; and 
    (4) observation of the program in operation. 
    For the purposes of this subdivision, "consumer" means a 
person who receives the services of a licensed program, the 
person's legal guardian, or the parent or individual having 
legal custody of a child who receives the services of a licensed 
program. 
    (b) The evaluation required in paragraph (a), clause (3) or 
the observation in paragraph (a), clause (4) is not required 
prior to issuing a provisional license under subdivision 7.  If 
the commissioner issues a provisional license under subdivision 
7, these requirements must be completed within one year after 
the issuance of a provisional license.  The observation in 
paragraph (a), clause (4) is not required if the commissioner 
determines that the observation would hinder the persons 
receiving services in benefitting from the program.  
    Subd. 5.  [COMMISSIONER'S RIGHT OF ACCESS.] When the 
commissioner is exercising the powers conferred by sections 1 to 
16, the commissioner must be given access to the physical plant 
and grounds where the program is provided, documents, persons 
served by the program, and staff whenever the program is in 
operation and the information is relevant to inspections or 
investigations conducted by the commissioner.  The commissioner 
must be given access without prior notice and as often as the 
commissioner considers necessary if the commissioner is 
conducting an investigation of allegations of abuse, neglect, or 
other violation of applicable laws or rules.  In conducting 
inspections, the commissioner may request and shall receive 
assistance from other state, county, and municipal governmental 
agencies and departments.  The applicant or license holder shall 
allow the commissioner to photocopy, photograph, and make audio 
and video tape recordings during the inspection of the program 
at the commissioner's expense.  The commissioner shall obtain a 
court order before photocopying hospital medical records.  
    Persons served by the program have the right to refuse to 
consent to be interviewed, photographed, or audio or videotaped. 
Failure or refusal of an applicant or license holder to fully 
comply with this subdivision is reasonable cause for the 
commissioner to deny the application or immediately suspend or 
revoke the license. 
    Subd. 6.  [COMMISSIONER'S EVALUATION.] Before granting, 
suspending, revoking, or making probationary a license, the 
commissioner shall evaluate information gathered under this 
section.  The commissioner's evaluation shall consider facts, 
conditions, or circumstances concerning the program's operation, 
the well-being of persons served by the program, consumer 
evaluations of the program, and information about the character 
and qualifications of the personnel employed by the applicant or 
license holder. 
     The commissioner shall evaluate the results of the study 
required in subdivision 3 and determine whether a risk of harm 
to the persons served by the program exists.  In conducting this 
evaluation, the commissioner shall apply the disqualification 
standards set forth in rules adopted under this chapter.  If any 
rule currently does not include these disqualification 
standards, the commissioner shall apply the standards in section 
364.03, subdivision 2 until the rule is revised to include 
disqualification standards.  The commissioner shall revise all 
rules authorized by this chapter to include disqualification 
standards.  The provisions of chapter 364 do not apply to 
applicants or licenseholders governed by sections 1 to 17 except 
as provided in this subdivision. 
    Subd. 7.  [ISSUANCE OF A LICENSE; PROVISIONAL LICENSE.] (a) 
If the commissioner determines that the program complies with 
all applicable rules and laws, the commissioner shall issue a 
license.  At minimum, the license shall state:  
    (1) the name of the license holder; 
    (2) the address of the program; 
    (3) the effective date and expiration date of the license; 
    (4) the type of license; 
    (5) the maximum number and ages of persons that may receive 
services from the program; and 
    (6) any special conditions of licensure. 
    (b) The commissioner may issue a provisional license for a 
period not to exceed one year if:  
    (1) the commissioner is unable to conduct the evaluation or 
observation required by subdivision 4, paragraph (a), clauses 3 
and 4, because the program is not yet operational; 
    (2) certain records and documents are not available because 
persons are not yet receiving services from the program; and 
    (3) the applicant complies with applicable laws and rules 
in all other respects.  
A provisional license must not be issued except at the time that 
a license is first issued to an applicant. 
    A license shall not be transferable to another individual, 
corporation, partnership, voluntary association or other 
organization, or to another location.  All licenses expire at 
12:01 a.m. on the day after the expiration date stated on the 
license.  A license holder must apply for and be granted a new 
license to operate the program or the program must not be 
operated after the expiration date.  
     Subd. 8.  [HOSPITAL INSPECTIONS.] Licensing authority 
granted under this section shall not modify the presumption 
regarding routine hospital inspections under section 144.55, 
subdivision 4. 
    Sec. 5.  [245A.05] [DENIAL OF APPLICATION.] 
    An applicant whose application has been denied by the 
commissioner must be given notice of the denial.  Notice must be 
given by certified mail.  The notice must state the reasons the 
application was denied and must inform the applicant of the 
right to a contested case hearing under chapter 14.  The 
applicant may appeal the denial by notifying the commissioner in 
writing by certified mail within 20 calendar days after 
receiving notice that the application was denied.  Section 8 
applies to hearings held to appeal the commissioner's denial of 
an application. 
    Sec. 6.  [245A.06] [CORRECTION ORDER AND FINES.] 
    Subdivision 1.  [CONTENTS OF CORRECTION ORDERS.] 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 to the applicant or license holder.  The 
correction order must state: 
    (1) the conditions that constitute a violation of the law 
or rule; 
    (2) the specific law or rule violated; and 
    (3) the time allowed to correct each violation. 
    Subd. 2.  [RECONSIDERATION OF CORRECTION ORDERS.] 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 human services to 
reconsider the parts of the correction order that are alleged to 
be in error.  The request for reconsideration must be in 
writing, delivered by certified mail, 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. 
    A request for reconsideration does not stay any provisions 
or requirements of the correction order.  The commissioner shall 
respond to requests made under this subdivision within 15 
working days after receipt of the request for reconsideration.  
The commissioner's disposition of a request for reconsideration 
is final and not subject to appeal under chapter 14. 
    Subd. 3.  [FAILURE TO COMPLY.] If upon reinspection, the 
commissioner finds that the applicant or license holder has not 
corrected the violations specified in the correction order, the 
commissioner may order a fine.  This section does not prohibit 
the commissioner from seeking a court order, denying an 
application, or suspending, revoking, or making probationary the 
license in addition to ordering a fine. 
    Subd. 4.  [NOTICE OF FINE; APPEAL.] A license holder who is 
ordered to pay a fine must be notified of the order by certified 
mail.  The notice must be mailed to the address shown on the 
application or the last known address of the license holder.  
The notice must state the reasons the fine was ordered and must 
inform the license holder of the right to a contested case 
hearing under chapter 14.  The license holder may appeal the 
order to forfeit a fine by notifying the commissioner by 
certified mail within 15 calendar days after receiving the 
order.  A timely appeal shall stay forfeiture of the fine until 
the commissioner issues a final order under section 8, 
subdivision 5. 
    Subd. 5.  [FORFEITURE OF FINES.] The license holder shall 
pay the fines assessed within 15 calendar days of receipt of 
notice of the commissioner's order.  If the license holder fails 
to fully comply with the order, the commissioner shall suspend 
the license until the license holder complies.  If the license 
holder receives state funds, the state, county, or municipal 
agencies or departments responsible for administering the funds 
shall withhold payments and recover any payments made while the 
license is suspended for failure to pay a fine.  
    Subd. 6.  [AMOUNT OF FINES.] Until the commissioner adopts 
one or more schedules of fines, fines shall be assessed as 
follows: 
    (1) the license holder shall forfeit $1,000 for each 
occurrence of violation of law or rule prohibiting the 
maltreatment of children or the abuse, neglect, or exploitation 
of vulnerable adults, including but not limited to corporal 
punishment, illegal or unauthorized use of physical, mechanical, 
or chemical restraints, and illegal or unauthorized use of 
aversive or deprivation procedures; 
    (2) the license holder shall forfeit $200 for each 
occurrence of a violation of law or rule governing matters of 
health, safety, or supervision, including but not limited to the 
provision of adequate staff to child or adult ratios, except 
that the holder of a family or group family day care license 
shall forfeit $100 for a violation under this clause; and 
    (3) the license holder shall forfeit $100 for each 
occurrence of a violation of law or rule other than those 
included in clauses (1) and (2), except that the holder of a 
family or group family day care license shall forfeit $50 for a 
violation under this clause. 
    For the purposes of this section, "occurrence" means each 
calendar day or part of a day that a violation continues to 
exist after the date set for correction in the commissioner's 
correction order. 
    Sec. 7.  [245A.07] [SANCTIONS.] 
    Subdivision 1.  [SANCTIONS AVAILABLE.] In addition to 
ordering forfeiture of fines, the commissioner may propose to 
suspend, revoke, or make probationary the license or secure an 
injunction against the continuing operation of the program of a 
license holder who does not comply with applicable law or rule.  
When applying sanctions authorized under this section, 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. 
    Subd. 2.  [IMMEDIATE SUSPENSION IN CASES OF IMMINENT DANGER 
TO HEALTH, SAFETY, OR RIGHTS.] If the license holder's failure 
to comply with applicable law or rule has placed the health, 
safety, or rights of persons served by the program in imminent 
danger, the commissioner shall act immediately to suspend the 
license.  No state funds shall be made available or be expended 
by any agency or department of state, county, or municipal 
government for use by a license holder regulated under sections 
1 to 17 while a license is under immediate suspension.  A notice 
stating the reasons for the immediate suspension and informing 
the license holder of the right to a contested case hearing 
under chapter 14 must be delivered by personal service to the 
address shown on the application or the last known address of 
the license holder.  The license holder may appeal an order 
immediately suspending a license by notifying the commissioner 
in writing by certified mail within five calendar days after 
receiving notice that the license has been immediately 
suspended.  A license holder shall discontinue operation of the 
program upon receipt of the commissioner's order to immediately 
suspend the license. 
    Subd. 3.  [SUSPENSION, REVOCATION, PROBATION.] The 
commissioner may suspend, revoke, or make probationary a license 
if a license holder fails to comply fully with applicable laws 
or rules.  A license holder who has had a license suspended, 
revoked, or made probationary must be given notice of the action 
by certified mail.  The notice must be mailed to the address 
shown on the application or the last known address of the 
license holder.  The notice must state the reasons the license 
was suspended, revoked, or made probationary and must inform the 
license holder of the right to a contested case hearing under 
chapter 14.  The license holder may appeal an order suspending, 
revoking, or making a license probationary by notifying the 
commissioner in writing by certified mail within ten calendar 
days after receiving notice that the license has been suspended, 
revoked, or made probationary.  
    Sec. 8.  [245A.08] [HEARINGS.] 
    Subdivision 1.  [RECEIPT OF APPEAL; CONDUCT OF 
HEARING.] Upon receiving a timely appeal or petition pursuant to 
sections 5 to 7, the commissioner shall issue a notice of and 
order for hearing to the appellant under chapter 14. 
    Subd. 2.  [CONDUCT OF HEARINGS.] At any hearing provided 
for by sections 5 to 7, the appellant may be represented by 
counsel and has the right to call, examine, and cross-examine 
witnesses.  The administrative law judge may require the 
presence of witnesses and evidence by subpoena on behalf of any 
party.  
    Subd. 3.  [BURDEN OF PROOF.] (a) At a hearing regarding 
suspension, immediate suspension, revocation, or making 
probationary a license for family day care or foster care, the 
commissioner may demonstrate reasonable cause for action taken 
by submitting statements, reports, or affidavits to substantiate 
the allegations that the license holder failed to comply fully 
with applicable law or rule.  If the commissioner demonstrates 
that reasonable cause existed, the burden of proof in hearings 
involving suspension, immediate suspension, revocation, or 
making probationary a family day care or foster care license 
shifts to the license holder to demonstrate by a preponderance 
of the evidence that the license holder was in full compliance 
with those laws or rules that the commissioner alleges the 
license holder violated, at the time that the commissioner 
alleges the violations of law or rules occurred. 
    (b) At a hearing on denial of an application, the applicant 
bears the burden of proof to demonstrate by a preponderance of 
the evidence that the appellant has complied fully with sections 
1 to 16 and other applicable law or rule and that the 
application should be approved and a license granted. 
    (c) At all other hearings under this section, the 
commissioner bears the burden of proof to demonstrate, by a 
preponderance of the evidence, that the violations of law or 
rule alleged by the commissioner occurred. 
    Subd. 4.  [RECOMMENDATION OF ADMINISTRATIVE LAW JUDGE.] The 
administrative law judge shall recommend whether or not the 
commissioner's order should be affirmed.  The recommendations 
must be consistent with sections 1 to 17 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. 
    Subd. 5.  [NOTICE OF THE 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.  The 
notice must also contain information about the appellant's 
rights under chapter 14.  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.  A license holder whose license has been revoked because 
of noncompliance with applicable law or rule must not be granted 
a license for five years following the revocation. 
    Sec. 9.  [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 1 to 17.  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 1 to 17 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 11 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 an independent accreditation body 
have been shown to predict compliance with the rules, the 
commissioner shall consider compliance with the 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. 
     If the commissioner determines that the methods in clause 
(2) or (3) can be used in licensing a program, the commissioner 
may reduce any fee set under section 11 by up to 50 percent. 
    (b) The commissioner shall work with the commissioners of 
health, public safety, administration, and education 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 education in conducting joint agency 
inspections of programs. 
    (c) The commissioner shall work with the commissioners of 
health, public safety, administration, and education 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. 
    Sec. 10.  [245A.095] [REVIEW OF RULES FOR PROGRAMS SERVING 
PERSONS WITH MENTAL ILLNESSES.] 
    Subdivision 1.  Residential programs for five or more 
persons with a mental illness must be licensed under sections 1 
to 17.  To assure that this requirement is met, the commissioner 
of health, in cooperation with the commissioner of human 
services, shall monitor licensed boarding care, board and 
lodging, and supervised living facilities. 
    Subd. 2.  [SPECIFIC REVIEW OF RULES.] The commissioner 
shall: 
    (1) provide in rule for various levels of care to address 
the residential treatment needs of persons with mental illness; 
    (2) review category I and II programs established in 
Minnesota Rules, parts 9520.0500 to 9520.0690 to ensure that the 
categories of programs provide a continuum of residential 
service programs for persons with mental illness; 
    (3) provide in rule for a definition of the term 
"treatment" as used in relation to persons with mental illness; 
    (4) adjust funding mechanisms by rule as needed to reflect 
the requirements established by rule for services being provided;
    (5) review and recommend staff educational requirements and 
staff training as needed; and 
    (6) review and make changes in rules relating to 
residential care and service programs for persons with mental 
illness as the commissioner may determine necessary. 
    Subd. 3.  [HOUSING SERVICES FOR PERSONS WITH MENTAL 
ILLNESS.] The commissioner of human services shall study the 
housing needs of people with mental illness and shall articulate 
a continuum of services from residential treatment as the most 
intensive service through housing programs as the least 
intensive.  The commissioner shall develop recommendations for 
implementing the continuum of services and shall present the 
recommendations to the legislature by January 31, 1988. 
    Sec. 11.  [245A.10] [FEES.] 
    The commissioner shall charge a fee for evaluation of 
applications and inspection of programs, other than family day 
care and foster care, which are licensed under sections 1 to 17. 
    Sec. 12.  [245A.11] [SPECIAL CONDITIONS FOR RESIDENTIAL 
PROGRAMS.] 
    Subdivision 1.  [POLICY STATEMENT.] It is the policy of the 
state that persons shall not be excluded by municipal zoning 
ordinances or other land use regulations from the benefits of 
normal residential surroundings.  
    Subd. 2.  [PERMITTED SINGLE-FAMILY RESIDENTIAL 
USE.] Residential programs with a licensed capacity of six or 
fewer persons shall be considered a permitted single-family 
residential use of property for the purposes of zoning and other 
land use regulations. 
    Subd. 3.  [PERMITTED MULTIFAMILY RESIDENTIAL USE.] Unless 
otherwise provided in any town, municipal, or county zoning 
regulation, a licensed residential program with a licensed 
capacity of seven to 16 adults or children shall be considered a 
permitted multifamily residential use of property for the 
purposes of zoning and other land use regulations.  A town, 
municipal, or county zoning authority may require a conditional 
use or special use permit to assure proper maintenance and 
operation of a residential program.  Conditions imposed on the 
residential program must not be more restrictive than those 
imposed on other conditional uses or special uses of residential 
property in the same zones, unless the additional conditions are 
necessary to protect the health and safety of the adults or 
children being served by the program.  Nothing in sections 1 to 
17 shall be construed to exclude or prohibit residential 
programs from single-family zones if otherwise permitted by 
local zoning regulations. 
    Subd. 4.  [LOCATION OF RESIDENTIAL PROGRAMS.] In 
determining whether to grant a license, the commissioner shall 
specifically consider the population, size, land use plan, 
availability of community services, and the number and size of 
existing licensed residential programs in the town, 
municipality, or county in which the applicant seeks to operate 
a residential program.  The commissioner shall not grant an 
initial license to any residential program if the residential 
program will be within 1,320 feet of an existing residential 
program unless the town, municipality, or county zoning 
authority grants the residential program a conditional use or 
special use permit.  In cities of the first class, this 
subdivision applies even if a residential program is considered 
a permitted single-family residential use of property under 
subdivision 2.  Foster care homes are exempt from this 
subdivision. 
    Subd. 5.  [OVERCONCENTRATION AND DISPERSAL.] (a) Before 
January 1, 1985, each county having two or more group 
residential programs within 1,320 feet of each other shall 
submit to the department of human services a plan to promote 
dispersal of group residential programs.  In formulating its 
plan, the county shall solicit the participation of affected 
persons, programs, municipalities having highly concentrated 
residential program populations, and advocacy groups.  For the 
purposes of this subdivision, "highly concentrated" means having 
a population in residential programs serving seven or more 
persons that exceeds one-half of one percent of the population 
of a recognized planning district or other administrative 
subdivision. 
    (b) Within 45 days after the county submits the plan, the 
commissioner shall certify whether the plan fulfills the 
purposes and requirements of this subdivision including the 
following requirements: 
    (1) a new program serving seven or more persons must not be 
located in any recognized planning district or other 
administrative subdivision where the population in residential 
programs is highly concentrated; 
    (2) the county plan must promote dispersal of highly 
concentrated residential program populations; 
    (3) the county plan shall promote the development of 
residential programs in areas that are not highly concentrated; 
    (4) no person in a residential program shall be displaced 
as a result of this section until a relocation plan has been 
implemented that provides for an acceptable alternative 
placement; 
    (5) if the plan provides for the relocation of residential 
programs, the relocation must be completed by January 1, 1990.  
If the commissioner certifies that the plan does not do so, the 
commissioner shall state the reasons, and the county has 30 days 
to submit a plan amended to comply with the requirements of the 
commissioner. 
    (c) After July 1, 1985, the commissioner may reduce grants 
under section 245.73 to a county required to have an approved 
plan under paragraph (a) if the county does not have a plan 
approved by the commissioner.  The county board has the right to 
be provided with advance notice and to appeal the commissioner's 
decision.  If the county requests a hearing within 30 days of 
the notification of intent to reduce grants, the commissioner 
shall not certify any reduction in grants until a hearing is 
conducted and a decision made in accordance with the contested 
case provisions of chapter 14. 
     Subd. 6.  [HOSPITALS; EXEMPTION.] Residential programs 
located in hospitals shall be exempt from the provisions of this 
section. 
    Sec. 13.  [245A.12] [VOLUNTARY RECEIVERSHIP FOR RESIDENTIAL 
FACILITIES.] 
    A majority of controlling persons of a residential program 
may at any time ask the commissioner to assume operation of the 
residential program through appointment of a receiver.  On 
receiving the request for a receiver, the commissioner may enter 
into an agreement with a majority of controlling persons and 
provide for the appointment of a receiver to operate the 
residential program under conditions acceptable to both the 
commissioner and the majority of controlling persons.  The 
agreement must specify the terms and conditions of the 
receivership and preserve the rights of the persons being served 
by the residential program.  A receivership set up under this 
section terminates at the time specified by the parties to the 
agreement or 30 days after either of the parties gives written 
notice to the other party of termination of the receivership 
agreement. 
    Sec. 14.  [245A.13] [INVOLUNTARY RECEIVERSHIP FOR 
RESIDENTIAL FACILITIES.] 
     Subdivision 1.  [APPLICATION.] The commissioner may 
petition the district court in the county where the residential 
program is located for an order directing the controlling 
persons of the residential program to show cause why the 
commissioner or the commissioner's designated representative 
should not be appointed receiver to operate the residential 
program.  The petition to the district court must contain proof 
by affidavit that the commissioner has either begun license 
suspension or revocation proceedings, suspended or revoked a 
license, or decided to deny an application for licensure of the 
residential program.  If the license holder or applicant 
operates more than one residential program, the commissioner's 
petition must specify and be limited to the residential program 
for which the commissioner has either begun license suspension 
or revocation proceedings, suspended or revoked a license, or 
has decided to deny an application for licensure of the 
residential program.  The order to show cause is returnable not 
less than five days after service is completed and must provide 
for personal service of a copy to the residential program 
administrator and to the persons designated as agents by the 
controlling persons to accept service on their behalf. 
     Subd. 2.  [APPOINTMENT OF RECEIVER; RENTAL.] If the court 
finds that involuntary receivership is necessary as a means of 
protecting the health, safety, or rights of persons being served 
by the residential program, the court shall appoint the 
commissioner or the commissioner's designated representative as 
a receiver to operate the residential program.  The court shall 
determine a fair monthly rental for the physical plant, taking 
into account all relevant factors including the conditions of 
the physical plant.  The rental fee must be paid by the receiver 
to the appropriate controlling persons for each month that the 
receivership remains in effect.  No payment made to a 
controlling person by the receiver or any state agency during a 
period of involuntary receivership shall include any allowance 
for profit or be based on any formula that includes an allowance 
for profit. 
     Subd. 3.  [POWERS AND DUTIES OF THE RECEIVER.] Within 18 
months after the receivership order, a receiver appointed to 
operate a residential program during a period of involuntary 
receivership shall provide for the orderly transfer of the 
persons served by the residential program to other residential 
programs or make other provisions to protect their health, 
safety, and rights.  The receiver shall correct or eliminate 
deficiencies in the residential program that the commissioner 
determines endanger the health, safety, or welfare of the 
persons being served by the residential program unless the 
correction or elimination of deficiencies involves major 
alteration in the structure of the physical plant.  If the 
correction or elimination of the deficiencies requires major 
alterations in the structure of the physical plant, the receiver 
shall take actions designed to result in the immediate transfer 
of persons served by the residential program.  During the period 
of the receivership, the receiver shall operate the residential 
program in a manner designed to guarantee the health, safety, 
rights, adequate care, and supervision of the persons served by 
the residential program.  The receiver may make contracts and 
incur lawful expenses.  The receiver shall collect incoming 
payments from all sources and apply them to the cost incurred in 
the performance of the receiver's functions including the 
receiver's fee set under subdivision 4.  No security interest in 
any real or personal property comprising the residential program 
or contained within it, or in any fixture of the physical plant, 
shall be impaired or diminished in priority by the receiver.  
The receiver shall pay all valid obligations of the residential 
program and may deduct these expenses, if necessary, from rental 
payments owed to any controlling person by virtue of the 
receivership. 
    Subd. 4.  [RECEIVER'S FEE; LIABILITY; ASSISTANCE FROM THE 
COMMISSIONER.] A receiver appointed under an involuntary 
receivership is entitled to a reasonable receiver's fee as 
determined by the court.  The receiver is liable only in an 
official capacity for injury to person and property by reason of 
the conditions of the residential program.  The receiver is not 
personally liable, except for gross negligence and intentional 
acts.  
     Subd. 5.  [TERMINATION.] An involuntary receivership 
terminates 18 months after the date on which it was ordered or 
at any other time designated by the court or when any of the 
following events occurs: 
    (1) the commissioner determines that the residential 
program's license application should be granted or should not be 
suspended or revoked; 
    (2) a new license is granted to the residential program; or 
    (3) the commissioner determines that all persons residing 
in the residential program have been provided with alternative 
residential programs. 
    Sec. 15.  [245A.14] [SPECIAL CONDITIONS FOR NONRESIDENTIAL 
PROGRAMS.] 
    Subdivision 1.  [PERMITTED SINGLE-FAMILY RESIDENTIAL 
USE.] A licensed nonresidential program with a licensed capacity 
of 12 or fewer persons shall be considered a permitted 
single-family residential use of property for the purposes of 
zoning and other land use regulations. 
    Subd. 2.  [PERMITTED MULTIFAMILY USE.] Unless otherwise 
provided in a town, municipal, or county regulation, a licensed 
nonresidential program with a licensed capacity of 13 to 16 
persons shall be considered a permitted multifamily residential 
use of property for purposes of zoning.  A town, municipal, or 
county zoning authority may require a conditional use or special 
use permit in order to assure proper maintenance and operation 
of the program.  Conditions imposed on the nonresidential 
program must not be more restrictive than those imposed on other 
conditional uses or special uses of residential property in the 
same zones unless the additional conditions are necessary to 
protect the health and safety of the persons being served by the 
nonresidential program.  Nothing in sections 1 to 17 shall be 
construed to exclude or prohibit nonresidential programs from 
single-family zones if otherwise permitted by local zoning 
regulations. 
      Subd. 3.  [CONDITIONAL LICENSE.] Until such time as the 
commissioner adopts appropriate rules for conditional licenses, 
no license holder or applicant for a family or group family day 
care license is required to spend more than $100 to meet fire 
safety rules in excess of those required to meet Group "R" 
occupancies under the Uniform Building Code, chapter 12, as 
incorporated by reference in Minnesota Rules, part 1305.0100. 
     When the commissioner determines that an applicant or 
license holder of a family or group family day care license 
would be required to spend over $100 for physical changes to 
ensure fire safety, the commissioner may issue a conditional 
license when all of the following conditions have been met: 
     (a)  The commissioner shall notify the provider or 
applicant in writing of the fire safety deficiencies. 
     (b) The commissioner shall notify the provider or applicant 
in writing of alternative compliance standards that would 
correct deficiencies, if available. 
     (c) The provider or applicant agrees in writing to notify 
each parent, on a form prescribed by the commissioner that 
requires the signature of the parent, of the fire safety 
deficiencies, and the existence of the conditional license. 
    Sec. 16.  [245A.15] [REGULATION OF FAMILY DAY CARE BY LOCAL 
GOVERNMENT.] 
     The authority of local units of government to establish 
requirements for family day care programs is limited by section 
299F.011, subdivision 4a, clauses (1) and (2). 
    Sec. 17.  [245A.16] [STANDARDS FOR COUNTY AGENCIES AND 
PRIVATE AGENCIES.] 
    Subdivision 1.  [DELEGATION OF AUTHORITY TO 
AGENCIES.] County agencies and private agencies that have been 
designated or licensed by the commissioner to perform licensing 
functions and activities under section 4, to recommend denial of 
applicants under section 5, or to recommend suspending, 
revoking, and making licenses probationary under section 7, 
shall comply with rules and directives of the commissioner 
governing those functions and with this section. 
    Subd. 2.  [INVESTIGATIONS.] (a) The county or private 
agency shall conduct timely investigations of allegations of 
abuse or neglect of children or adults in programs for which the 
county or private agency is the commissioner's designated 
representative and record a disposition of each complaint in 
accordance with applicable law or rule.  The county or private 
agency shall conduct similar investigations of allegations of 
violations of rules governing licensure of the program. 
    (b) If an investigation conducted under clause (a) results 
in evidence that the commissioner should deny an application or 
suspend, revoke, or make probationary a license, the county or 
private agency shall make that recommendation to the 
commissioner within ten working days. 
    Subd. 3.  [RECOMMENDATIONS TO THE COMMISSIONER.] The county 
or private agency shall not make recommendations to the 
commissioner regarding licensure without first conducting an 
inspection, study of the applicant, and evaluation pursuant to 
section 4, subdivisions 3 and 4.  The county or private agency 
must forward its recommendation to the commissioner regarding 
the appropriate licensing action within 20 working days of 
receipt of a completed application. 
    Subd. 4.  [ENFORCEMENT OF THE COMMISSIONER'S ORDERS.] The 
county or private agency shall enforce the commissioner's orders 
under sections 7 and 8, subdivision 5, according to the 
instructions of the commissioner. 
    Subd. 5.  [INSTRUCTION AND TECHNICAL ASSISTANCE.] The 
commissioner shall provide instruction and technical assistance 
to county and private agencies that are subject to this section. 
County and private agencies shall cooperate with the 
commissioner in carrying out this section by ensuring that 
affected employees participate in instruction and technical 
assistance provided by the commissioner. 
    Subd. 6.  [CERTIFICATION BY THE COMMISSIONER.] The 
commissioner shall ensure that rules are uniformly enforced 
throughout the state by reviewing each county and private agency 
for compliance with this section and other applicable laws and 
rules at least biennially.  County agencies that comply with 
this section shall be certified by the commissioner.  If a 
county agency fails to be certified by the commissioner, the 
commissioner shall certify a reduction of up to 20 percent of 
the county's community social services act funding or an 
equivalent amount from state administrative aids. 
     Sec. 18.  Minnesota Statutes 1986, section 256D.01, is 
amended by adding a subdivision to read: 
    Subd. 1d.  [PAYMENTS TO FACILITIES.] After the effective 
date of this subdivision, the commissioner shall make no 
payments under rules authorized by subdivision 1b to 
newly-licensed facilities which have five or more residents with 
a primary diagnosis of mental illness unless they are licensed 
or exempted from licensure under chapter 245A.  The commissioner 
of health shall monitor newly-licensed boarding care, board and 
lodging and supervised living facilities, and shall report to 
the commissioner of human services facilities that are not in 
compliance with this subdivision. 
    Sec. 19.  Minnesota Statutes 1986, section 256D.37, is 
amended by adding a subdivision to read: 
    Subd. 5.  After the effective date of this subdivision, the 
commissioner shall make no payments under subdivision 1 to 
newly-licensed facilities which have five or more residents with 
a primary diagnosis of mental illness unless they are licensed 
or exempted from licensure under chapter 245A.  The commissioner 
of health shall monitor newly-licensed boarding care, board and 
lodging and supervised living facilities, and shall report to 
the commissioner of human services facilities that are not in 
compliance with this subdivision. 
    Sec. 20.  [REPEALER.] 
    Minnesota Statutes 1986, sections 245.781; 245.782; 
245.783; 245.791; 245.792; 245.801; 245.802; 245.803; 245.804; 
245.805; 245.811; 245.812; 245.88; 245.881; 245.882; 245.883; 
245.884; and 245.885, are repealed. 
    Sec. 21.  [EFFECTIVE DATE.] 
    Sections 1 to 17 are effective July 1, 1987. 
    Sec. 22.  [INSTRUCTIONS TO REVISOR.] 
    In the next edition of Minnesota Statutes, in the sections 
referred to in column A, the revisor of statutes shall delete 
the reference in column B and insert the reference in column C.  
The revisor may change the references in column C to the 
sections of Minnesota Statutes in which the bill sections are 
compiled. 
Column A                        Column B          Column C 
13.46, subd. 2                  245.782               245A.02
144.653, subd. 1                245.781               245A.01
144A.01, subd. 5                245.781               245A.01
144A.071, subd. 2               245.781               245A.01
144A.10, subd. 1                245.781               245A.01
174.30, subd. 1                 245.781               245A.01
241.021, subd. 2                245.783               245A.04
241.021, subd. 2                245.791               245A.03
245.73, subd. 1                 245.781               245A.01
245.73, subd. 2                 245.781               245A.01
252.24, subd. 1                 245.781               245A.01
252.275, subd. 1                245.781               245A.01
252.291, subd. 1                245.782               245A.02
252.32, subd. 1                 245.782               245A.02
254B.03, subd. 2                245.781               245A.01
254B.03, subd. 2                245.791               245A.03
254B.05                         245.781               245A.01
254B.05                         245.791               245A.03
256B.02, subd. 2                245.782               245A.02
260.185, subd. 1                245.781               245A.01
260.191, subd. 1                245.781               245A.01
260.194, subd. 1                245.781               245A.01
268.04, subd. 32                245.791               245A.03
268.38, subd. 12                245.781               245A.01
299F.011, subd. 4               245.782               245A.02
462.357, subd. 6                245.782               245A.02
466.01, subd. 4                 245.782               245A.02
466.03, subd. 6                 245.782               245A.02
595.02, subd. 2                 245.801               245A.08
611A.52, subd. 8                245.791               245A.03
626.556, subd. 2                245.781               245A.01
626.556, subd. 2                245.782               245A.02
626.556, subd. 10               245.781               245A.01
626.557, subd. 2                245.781               245A.01
626.557, subd. 10               245.781               245A.01
    Approved May 29, 1987