The department shall give notice in writing to a vendor or recipient of a monetary recovery, placement in the restricted recipient program, or administrative sanction that is to be imposed by the department. For vendors, the notice shall be sent by certified mail. For recipients, the notice shall be sent by first class mail. The department shall place an affidavit of the first class mailing in the recipient's file as an indication of the date of mailing and the address.
In all cases, the notice shall state:
the actions the department plans to take;
the dollar amount of the monetary recovery, if any;
how the dollar amount was computed;
the right to dispute the department's determinations and to provide evidence; and
In cases of vendor suspension or termination under part 9505.2235, in addition to the requirements of item A, the notice shall state:
the length of the suspension or termination;
the effect of the suspension or termination;
the earliest date on which the department shall consider a request for reinstatement;
the requirements and procedures for reinstatement; and
the vendor's right to submit documents and written argument against the suspension for review by the commissioner before the effective date of suspension or termination.
The submission of documents and written argument for review by the commissioner under subitem (5) does not stay the deadline for filing a formal appeal under part 9505.2245.
For vendors, the effective date of the proposed monetary recovery or sanction shall be the first day after the last day for requesting an appeal as provided in part 9505.2245, subpart 1, item B. For recipients, the effective date of the proposed action shall be 30 days after the recipient's receipt of the notice required under subpart 1. If an appeal is made under part 9505.2245, the proposed action shall be delayed pending the final outcome of the appeal, except as provided by part 9505.2231. Implementation of a proposed action following the resolution of an appeal may be postponed if in the opinion of the commissioner the delay of action is necessary to protect the health or safety of the recipient or recipients.
15 SR 2563; 19 SR 1898; 33 SR 127
August 12, 2008
Official Publication of the State of Minnesota
Revisor of Statutes