Minnesota Administrative Rules

9543.0100 NEGATIVE LICENSING ACTIONS.

Subpart 1.

Basis for recommendation.

When recommending a negative licensing action, the agency shall:

A.

submit to the commissioner the following information:

(1)

the citation to laws or rules that have been violated;

(2)

the nature and severity of each violation;

(3)

whether the violation is recurring or nonrecurring;

(4)

the effect of the violation on persons served by the program;

(5)

an evaluation of the risk of harm to persons served;

(6)

any evaluations of the program by persons served or their families;

(7)

relevant facts, conditions, and circumstances concerning the operation of the program, including information identified in part 9543.0040, subpart 5, item C;

(8)

any relevant information about the qualifications of the applicant or license holder or persons living in the residence; and

(9)

any aggravating or mitigating factors related to the violation; and

B.

notify the county attorney of the recommendation.

Subp. 2.

Temporary immediate suspension of license.

If the license holder's actions or failure to comply with applicable law or rule poses an imminent risk of harm to the health, safety, or rights of persons served by a program, the agency must take actions described in items A to C:

A.

The agency shall notify the commissioner immediately.

B.

If the commissioner orders a temporary immediate suspension, the agency shall arrange for delivery, by personal service, of written notice of temporary immediate suspension to the license holder. The notice shall state:

(1)

the reason for the temporary immediate suspension;

(2)

that the program must discontinue operation immediately;

(3)

the license holder's right to appeal and an expedited hearing; and

(4)

that the commissioner has taken the action.

C.

The agency shall make a recommendation for further action to the commissioner.

Subp. 3.

Revocation or denial of license.

Violations that are grounds for recommending license revocation or denial include, but are not limited to:

A.

immediate suspension of a license under subpart 2;

B.

a disqualifying crime or conduct listed in Minnesota Statutes, section 245C.15, that has not been set aside under Minnesota Statutes, section 245C.22, or for which a variance has not been granted under Minnesota Statutes, section 245C.30, or in rules governing the program;

C.

a false statement knowingly made by the license holder, on the license application;

D.

failure or refusal to provide the commissioner access to the physical plant and grounds, documents, persons served, and staff;

E.

recurring failure to comply with discipline standards in rules governing the program;

F.

severe or recurring failure to comply with capacity limits; or

G.

licensing violations that occur while the license is probationary or suspended.

Subp. 4.

License suspension.

The agency may recommend license suspension rather than revocation under subpart 3 if the agency submits information demonstrating:

A.

on the basis of factors in subpart 1, revocation is not warranted; and

B.

suspension rather than revocation:

(1)

is in the best interests of persons served by the program; and

(2)

would not pose a risk of harm to persons served by the program.

Subp. 5.

[Repealed, 30 SR 585]

Subp. 6.

Notification of licensee of negative licensing action.

The agency shall give written notice to a license holder when the agency recommends a negative licensing action to the commissioner.

Subp. 7.

Notice to parents of negative licensing action.

The agency shall give written notice of a negative licensing action to the parents or guardians of children in the programs as follows:

A.

When the agency recommends a negative licensing action to the commissioner, the agency shall immediately inform parents and guardians that a negative licensing action has been recommended and that they will be informed of the commissioner's action on the recommendation.

B.

When the commissioner orders a negative licensing action, the agency shall immediately inform parents and guardians:

(1)

that a negative licensing action has been ordered and the circumstances for the action;

(2)

the effect of the negative licensing action on the operation of the program; and

(3)

that an explanation of the appeal process available to the license holder is available upon request.

C.

If the commissioner does not order a negative licensing action following the agency recommendation, the agency shall inform parents and guardians when the agency receives the commissioner's decision.

Subp. 8.

Notice of negative licensing action to county.

If a negative licensing action has been ordered against a child foster care program that is supervised by a private agency, the private agency shall notify in writing the county agency in which the program is located and any county that has placements in the home.

Statutory Authority:

MS s 14.386; 14.388; 245A.09; 245A.16; 256.01; 256E.05; 257.175; 393.07

History:

15 SR 2105; 17 SR 3412; L 2001 1Sp9 art 14 s 35; 30 SR 585

Published Electronically:

October 15, 2013