2007 Minnesota Statutes

245C.21 REQUESTING RECONSIDERATION OF DISQUALIFICATION.
    Subdivision 1. Who may request reconsideration. An individual who is the subject of a
disqualification may request a reconsideration of the disqualification. The individual must submit
the request for reconsideration to the commissioner in writing.
    Subd. 1a. Submission of reconsideration request to county or private agency. (a) For
disqualifications related to studies conducted by county agencies, and for disqualifications related
to studies conducted by the commissioner for child foster care, the individual shall submit the
request for reconsideration to the county or private agency that initiated the background study.
    (b) A reconsideration request shall be submitted within 30 days of the individual's receipt of
the disqualification notice or the time frames specified in subdivision 2, whichever time frame
is shorter.
    (c) The county or private agency shall forward the individual's request for reconsideration
and provide the commissioner with a recommendation whether to set aside the individual's
disqualification.
    Subd. 2. Time frame for requesting reconsideration. (a) When the commissioner sends
an individual a notice of disqualification based on a finding under section 245C.16, subdivision
2 , paragraph (a), clause (1) or (2), the disqualified individual must submit the request for a
reconsideration within 30 calendar days of the individual's receipt of the notice of disqualification.
If mailed, the request for reconsideration must be postmarked and sent to the commissioner
within 30 calendar days of the individual's receipt of the notice of disqualification. If a request for
reconsideration is made by personal service, it must be received by the commissioner within 30
calendar days after the individual's receipt of the notice of disqualification. Upon showing that the
information under subdivision 3 cannot be obtained within 30 days, the disqualified individual
may request additional time, not to exceed 30 days, to obtain the information.
    (b) When the commissioner sends an individual a notice of disqualification based on a
finding under section 245C.16, subdivision 2, paragraph (a), clause (3), the disqualified individual
must submit the request for reconsideration within 15 calendar days of the individual's receipt
of the notice of disqualification. If mailed, the request for reconsideration must be postmarked
and sent to the commissioner within 15 calendar days of the individual's receipt of the notice of
disqualification. If a request for reconsideration is made by personal service, it must be received
by the commissioner within 15 calendar days after the individual's receipt of the notice of
disqualification.
    (c) An individual who was determined to have maltreated a child under section 626.556
or a vulnerable adult under section 626.557, and who is disqualified on the basis of serious
or recurring maltreatment, may request a reconsideration of both the maltreatment and the
disqualification determinations. The request must be submitted within 30 calendar days of the
individual's receipt of the notice of disqualification. If mailed, the request for reconsideration
must be postmarked and sent to the commissioner within 30 calendar days of the individual's
receipt of the notice of disqualification. If a request for reconsideration is made by personal
service, it must be received by the commissioner within 30 calendar days after the individual's
receipt of the notice of disqualification.
    (d) Except for family child care and child foster care, reconsideration of a maltreatment
determination under sections 626.556, subdivision 10i, and 626.557, subdivision 9d, and
reconsideration of a disqualification under section 245C.22, shall not be conducted when:
    (1) a denial of a license under section 245A.05, or a licensing sanction under section
245A.07, is based on a determination that the license holder is responsible for maltreatment or the
disqualification of a license holder based on serious or recurring maltreatment;
    (2) the denial of a license or licensing sanction is issued at the same time as the maltreatment
determination or disqualification; and
    (3) the license holder appeals the maltreatment determination, disqualification, and denial of
a license or licensing sanction. In such cases, a fair hearing under section 256.045 must not be
conducted under sections 245C.27, 626.556, subdivision 10i, and 626.557, subdivision 9d. Under
section 245A.08, subdivision 2a, the scope of the consolidated contested case hearing must include
the maltreatment determination, disqualification, and denial of a license or licensing sanction.
    Notwithstanding clauses (1) to (3), if the license holder appeals the maltreatment
determination or disqualification, but does not appeal the denial of a license or a licensing
sanction, reconsideration of the maltreatment determination shall be conducted under sections
626.556, subdivision 10i, and 626.557, subdivision 9d, and reconsideration of the disqualification
shall be conducted under section 245C.22. In such cases, a fair hearing shall also be conducted as
provided under sections 245C.27, 626.556, subdivision 10i, and 626.557, subdivision 9d.
    Subd. 3. Disqualified individuals; information for reconsideration. (a) The disqualified
individual requesting reconsideration must submit information showing that:
    (1) the information the commissioner relied upon in determining the underlying conduct that
gave rise to the disqualification is incorrect;
    (2) for maltreatment, the information the commissioner relied upon in determining that
maltreatment was serious or recurring is incorrect; or
    (3) the subject of the study does not pose a risk of harm to any person served by the applicant,
license holder, or other entities as provided in this chapter, by addressing the information required
under section 245C.22, subdivision 4.
    (b) In order to determine the individual's risk of harm, the commissioner may require
additional information from the disqualified individual as part of the reconsideration process.
If the individual fails to provide the required information, the commissioner may deny the
individual's request.
    Subd. 4. Notice of request for reconsideration. Upon request, the commissioner may
inform the applicant, license holder, or other entities as provided in this chapter who received a
notice of the individual's disqualification under section 245C.17, subdivision 3, or has the consent
of the disqualified individual, whether the disqualified individual has requested reconsideration.
History: 2003 c 15 art 1 s 21; 2004 c 288 art 1 s 59,60; 1Sp2005 c 4 art 1 s 34; 2007 c
112 s 41,42; 2007 c 147 art 3 s 20