2003 Minnesota Statutes

     245C.27 Fair hearing rights. 

    Subdivision 1.    Fair hearing when disqualification is 
 not set aside.  (a) If the commissioner does not set aside or 
 rescind a disqualification of an individual under section 
 245C.22 who is disqualified on the basis of a preponderance of 
 evidence that the individual committed an act or acts that meet 
 the definition of any of the crimes listed in section 245C.15; 
 for a determination under section 626.556 or 626.557 of 
 substantiated maltreatment that was serious or recurring under 
 section 245C.15; or for failure to make required reports under 
 section 626.556, subdivision 3; or 626.557, subdivision 3, 
 pursuant to section 245C.15, subdivision 4, paragraph (b), 
 clause (1), the individual may request a fair hearing under 
 section 256.045. 

    (b) The fair hearing is the only administrative appeal of 
 the final agency determination for purposes of appeal by the 
 disqualified individual.  The disqualified individual does not 
 have the right to challenge the accuracy and completeness of 
 data under section 13.04. 

    (c) If the individual was disqualified based on a 
 conviction or admission to any crimes listed in section 245C.15, 
 subdivisions 1 to 4, the reconsideration decision under this 
 subdivision is the final agency determination for purposes of 
 appeal by the disqualified individual and is not subject to a 
 hearing under section 256.045. 

    (d) This section does not apply to a public employee's 
 appeal of a disqualification under section 245C.28, subdivision 
 3. 

    Subd. 2.    Consolidated fair hearing for maltreatment 
 determination and disqualification not set aside.  (a) If an 
 individual who is disqualified on the bases of serious or 
 recurring maltreatment requests a fair hearing on the 
 maltreatment determination under section 626.556, subdivision 
 10i, or 626.557, subdivision 9d, and requests a fair hearing 
 under this section on the disqualification, which has not been 
 set aside or rescinded, the scope of the fair hearing under 
 section 256.045 shall include the maltreatment determination and 
 the disqualification. 

    (b) A fair hearing is the only administrative appeal of the 
 final agency determination.  The disqualified individual does 
 not have the right to challenge the accuracy and completeness of 
 data under section 13.04. 

    (c) This section does not apply to a public employee's 
 appeal of a disqualification under section 245C.28, subdivision 
 3. 

    HIST: 2003 c 15 art 1 s 27; 1Sp2003 c 14 art 6 s 6