Minnesota Administrative Rules

9550.6226 RESPONSIBILITY OF PARENTS TO COOPERATE.

Subpart 1.

Request for information.

The department or county board shall send the parents a form describing:

A.

the formula used to determine the fee;

B.

how to obtain information on possible variances from the fee amount;

C.

information on the circumstances under which a fee may be reviewed or redetermined;

D.

the right to appeal a fee determination; and

E.

the consequences for not complying with a request to provide information when a request for information is sent in the following instances:

(1)

when making an initial determination of the amount of the parental fee under part 9550.6220; and

(2)

when a review and redetermination of the parental fee is required under part 9550.6228.

Parents shall provide any and all information that is required by the department or county board as necessary to determine or review the parental fee.

Subp. 2.

Determination of parental fees.

Parents shall attach to the form requesting financial information, a copy of their previous year's federal income tax return or a verified statement concerning their income if no federal income tax form is available. Failure or refusal by the parents to provide to the department or county board within 30 calendar days after the date the request is postmarked, the financial information needed to determine parental responsibility for a fee shall result in notification to the parents that the department or county board may institute civil action to recover the required reimbursement under Minnesota Statutes, sections 252.27, subdivision 3, and 256B.14, subdivision 2.

Subp. 3.

Review and redetermination of parental fees.

When parents are requesting a review or redetermination of the fee under part 9550.6228, a request for information shall be sent to the parents within ten calendar days after the department or county board receives the parents' request for review. Parents shall:

A.

notify the department or county board within 30 calendar days of a gain in income or a loss of a household member; and

B.

provide to the department or county board all information required under part 9550.6228, subpart 3, to verify the need for redetermination of the fee.

No action shall be taken on a review or redetermination of the parental fee until the required information is received by the department or county board.

Subp. 4.

Variance requests.

No action shall be taken by the department or county board on a request for a variance until the department or county board receives all information required under part 9550.6230. Failure of the parents to cooperate by completing and returning the form requesting parental information to the department or county board within 30 calendar days after the date the request is postmarked, will result in a final written notice to the parents stating that the request for a variance will be denied unless the parents complete and return this information within ten calendar days after the date this final notice is postmarked.

Subp. 5.

Refusal or failure to pay.

If the parents refuse or fail to pay the fee as determined under parts 9550.6200 to 9550.6240, the department or county board may institute civil action to enforce payment of the required amount when the action is cost-effective.

Statutory Authority:

MS s 252.27; 256B.14

History:

16 SR 2780

Published Electronically:

October 15, 2013