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2006 Minnesota Statutes

This is a historical version of this statute section. Also view the most recent published version.

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 made in writing and must be
postmarked and sent to 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 or personal
service. If mailed, 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 or personal service.
The request must be made in writing. If sent by certified mail, the request must be postmarked and
sent to the commissioner within ten calendar days after the license holder received the order. If a
request is made by personal service, it 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. If the commissioner
issues a dual order of conditional license under this section and an order to pay a fine under
section 245A.07, subdivision 3, the license holder has a right to a contested case hearing under
chapter 14 and Minnesota Rules, parts 1400.8505 to 1400.8612. The scope of the contested case
hearing shall include the fine and the conditional license. In this case, a reconsideration of the
conditional license will not be conducted under this section.
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]
    Subd. 8. Requirement to post correction order. For licensed family child care providers
and child care centers, upon receipt of any correction order or order of conditional license issued
by the commissioner under this section, and notwithstanding a pending request for reconsideration
of the correction order or order of conditional license by the license holder, the license holder
shall post the correction order or order of conditional license in a place that is conspicuous to the
people receiving services and all visitors to the facility for two years. When the correction order
or order of conditional license is accompanied by a maltreatment investigation memorandum
prepared under section 626.556 or 626.557, the investigation memoranda must be posted with the
correction order or order of conditional license.
History: 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; 2002 c 379 art 1 s 113; 2004 c 288 art
1 s 16,17; 1Sp2005 c 4 art 1 s 11

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