1997 Minnesota Statutes

     245.483 Termination or return of an allocation. 

    Subdivision 1.    Funds not properly used.  If the 
 commissioner determines that a county is not meeting the 
 requirements of sections 245.461 to 245.486 and 245.487 to 
 245.4888, or that funds are not being used according to the 
 approved biennial mental health component of the community 
 social services plan, all or part of the mental health and 
 community social service act funds may be terminated upon 30 
 days notice to the county board.  The commissioner may require 
 repayment of any funds not used according to the approved 
 biennial mental health component of the community social 
 services plan.  If the commissioner receives a written appeal 
 from the county board within the 30-day period, opportunity for 
 a hearing under the Minnesota administrative procedure act, 
 chapter 14, must be provided before the allocation is terminated 
 or is required to be repaid.  The 30-day period begins when the 
 county board receives the commissioner's notice by certified 
 mail. 

    Subd. 2.    Use of returned funds.  The commissioner may 
 reallocate the funds returned. 

    Subd. 3.    Delayed payments.  If the commissioner finds 
 that a county board or its contractors are not in compliance 
 with the approved biennial mental health component of the 
 community social services plan or sections 245.461 to 245.486 
 and 245.487 to 245.4888, the commissioner may delay payment of 
 all or part of the quarterly mental health and community social 
 service act funds until the county board and its contractors 
 meet the requirements.  The commissioner shall not delay a 
 payment longer than three months without first issuing a notice 
 under subdivision 2 that all or part of the allocation will be 
 terminated or required to be repaid.  After this notice is 
 issued, the commissioner may continue to delay the payment until 
 completion of the hearing in subdivision 2. 

    Subd. 4.    State assumption of responsibility.  If the 
 commissioner determines that services required by sections 
 245.461 to 245.486 and 245.487 to 245.4888 will not be provided 
 by the county board in the manner or to the extent required by 
 sections 245.461 to 245.486 and 245.487 to 245.4888, the 
 commissioner shall contract directly with providers to ensure 
 that clients receive appropriate services.  In this case, the 
 commissioner shall use the county's community social service act 
 and mental health funds to the extent necessary to carry out the 
 county's responsibilities under sections 245.461 to 245.486 and 
 245.487 to 245.4888.  The commissioner shall work with the 
 county board to allow for a return of authority and 
 responsibility to the county board as soon as compliance with 
 sections 245.461 to 245.486 and 245.487 to 245.4888 can be 
 assured. 

    HIST: 1987 c 403 art 2 s 37; 1989 c 282 art 4 s 32; 1991 c 94 
 s 24; 1991 c 292 art 6 s 58 subd 1