2001 Minnesota Statutes

     245A.06 Correction order and conditional license. 

    Subdivision 1.    Contents of correction orders and 
 conditional licenses.  (a) If the commissioner finds that the 
 applicant or license holder has failed to comply with an 
 applicable law or rule and this failure does not imminently 
 endanger the health, safety, or rights of the persons served by 
 the program, the commissioner may issue a correction order and 
 an order of conditional license to the applicant or license 
 holder.  When issuing a conditional license, the commissioner 
 shall consider the nature, chronicity, or severity of the 
 violation of law or rule and the effect of the violation on the 
 health, safety, or rights of persons served by the program.  The 
 correction order or conditional license must state: 

    (1) the conditions that constitute a violation of the law 
 or rule; 

    (2) the specific law or rule violated; 

    (3) the time allowed to correct each violation; and 

    (4) if a license is made conditional, the length and terms 
 of the conditional license. 

    (b) Nothing in this section prohibits the commissioner from 
 proposing a sanction as specified in section 245A.07, prior to 
 issuing a correction order or conditional license. 

    Subd. 2.    Reconsideration of correction orders.  If 
 the applicant or license holder believes that the contents of 
 the commissioner's correction order are in error, the applicant 
 or license holder may ask the department of human services to 
 reconsider the parts of the correction order that are alleged to 
 be in error.  The request for reconsideration must be in writing 
 and received by the commissioner within 20 calendar days after 
 receipt of the correction order by the applicant or license 
 holder, and: 

    (1) specify the parts of the correction order that are 
 alleged to be in error; 

    (2) explain why they are in error; and 

    (3) include documentation to support the allegation of 
 error. 

    A request for reconsideration does not stay any provisions 
 or requirements of the correction order.  The commissioner's 
 disposition of a request for reconsideration is final and not 
 subject to appeal under chapter 14. 

    Subd. 3.    Failure to comply.  If the commissioner 
 finds that the applicant or license holder has not corrected the 
 violations specified in the correction order or conditional 
 license, the commissioner may impose a fine and order other 
 licensing sanctions pursuant to section 245A.07.  

    Subd. 4.    Notice of conditional license; reconsideration 
 of conditional license.  If a license is made conditional, the 
 license holder must be notified of the order by certified mail.  
 The notice must be mailed to the address shown on the 
 application or the last known address of the license holder.  
 The notice must state the reasons the conditional license was 
 ordered and must inform the license holder of the right to 
 request reconsideration of the conditional license by the 
 commissioner.  The license holder may request reconsideration of 
 the order of conditional license by notifying the commissioner 
 by certified mail.  The request must be in writing and must be 
 received by the commissioner within ten calendar days after the 
 license holder received the order.  The license holder may 
 submit with the request for reconsideration written argument or 
 evidence in support of the request for reconsideration.  A 
 timely request for reconsideration shall stay imposition of the 
 terms of the conditional license until the commissioner issues a 
 decision on the request for reconsideration.  

    The commissioner's disposition of a request for 
 reconsideration is final and not subject to appeal under chapter 
 14. 

    Subd. 5. Repealed by amendment, 1Sp2001 c 9 art 14 s 20 

    Subd. 5a. Repealed by amendment, 1Sp2001 c 9 art 14 s 20 

    Subd. 6. Repealed by amendment, 1Sp2001 c 9 art 14 s 20 

    Subd. 7. Repealed by amendment, 1Sp2001 c 9 art 14 s 20 

    HIST: 1987 c 333 s 6; 1989 c 282 art 2 s 77-79; 1993 c 338 s 
 6; 1995 c 207 art 2 s 11-13; 1997 c 248 s 19-25; 1Sp2001 c 9 art 
 14 s 20