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Minnesota Legislature

Office of the Revisor of Statutes

256.046 ADMINISTRATIVE FRAUD DISQUALIFICATION HEARINGS.
    Subdivision 1. Hearing authority. A local agency must initiate an administrative fraud
disqualification hearing for individuals, including child care providers caring for children
receiving child care assistance, accused of wrongfully obtaining assistance or intentional program
violations, in lieu of a criminal action when it has not been pursued, in the aid to families
with dependent children program formerly codified in sections 256.72 to 256.87, MFIP, the
diversionary work program, child care assistance programs, general assistance, family general
assistance program formerly codified in section 256D.05, subdivision 1, clause (15), Minnesota
supplemental aid, food stamp programs, general assistance medical care, MinnesotaCare for
adults without children, and upon federal approval, all categories of medical assistance and
remaining categories of MinnesotaCare except for children through age 18. The Department of
Human Services, in lieu of a local agency, may initiate an administrative fraud disqualification
hearing when the state agency is directly responsible for administration of the health care program
for which benefits were wrongfully obtained. The hearing is subject to the requirements of section
256.045 and the requirements in Code of Federal Regulations, title 7, section 273.16, for the food
stamp program and title 45, section 235.112, as of September 30, 1995, for the cash grant, medical
care programs, and child care assistance under chapter 119B.
    Subd. 2. Combined hearing. The referee may combine a fair hearing and administrative
fraud disqualification hearing into a single hearing if the factual issues arise out of the same, or
related, circumstances and the individual receives prior notice that the hearings will be combined.
If the administrative fraud disqualification hearing and fair hearing are combined, the time frames
for administrative fraud disqualification hearings specified in Code of Federal Regulations, title 7,
section 273.16, and title 45, section 235.112, as of September 30, 1995, apply. If the individual
accused of wrongfully obtaining assistance is charged under section 256.98 for the same act or
acts which are the subject of the hearing, the individual may request that the hearing be delayed
until the criminal charge is decided by the court or withdrawn.
History: 1992 c 513 art 8 s 10; 1997 c 85 art 4 s 12; art 5 s 6; 1Sp1997 c 5 s 13; 1999 c
159 s 40; 1999 c 205 art 1 s 52; 1Sp2003 c 14 art 9 s 31; art 12 s 3; 2004 c 288 art 4 s 25;
1Sp2005 c 4 art 8 s 10