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Minnesota Legislature

Office of the Revisor of Statutes

3400.0230 RIGHT TO FAIR HEARING.

Subpart 1.

[Repealed, 33 SR 695]

Subp. 2.

[Repealed, 33 SR 695]

Subp. 3.

Child care payments when fair hearing is requested.

A.

If the applicant or participant requests a fair hearing before the effective date of termination or adverse action or within ten days after the date of mailing the notice, whichever is later, the termination or adverse action shall not be taken until the conclusion of the fair hearing. Child care assistance paid pending a fair hearing is subject to recovery under part 3400.0187 to the extent the commissioner finds on appeal that the participant was not eligible for the amount of child care assistance paid.

B.

If the commissioner finds on appeal that child care assistance should have been terminated or the amount of benefits reduced, the county must send a notice of termination or reduction in benefits effective the date of the notice to the family and the child care provider.

C.

A participant may appeal the termination of child care assistance and choose not to receive child care assistance pending the appeal. If the commissioner finds on appeal that child care assistance should not have been terminated, the county must reimburse the participant for documented eligible child care expenditures made or incurred pending the appeal.

Statutory Authority:

MS s 119B.02; 119B.04; 119B.06; 256.01; 256H.01 to 256H.19

History:

14 SR 519; 18 SR 1144; 26 SR 253; 33 SR 695

Published Electronically:

October 29, 2008