2006 Minnesota Statutes

245C.27 FAIR HEARING RIGHTS.
    Subdivision 1. Fair hearing when disqualification is not set aside. (a) If the commissioner
does not set aside a disqualification of an individual under section 245C.22 who is disqualified
on the basis of a preponderance of evidence that the individual committed an act or acts that
meet the definition of any of the crimes listed in section 245C.15; for a determination under
section 626.556 or 626.557 of substantiated maltreatment that was serious or recurring under
section 245C.15; or for failure to make required reports under section 626.556, subdivision 3; or
626.557, subdivision 3, pursuant to section 245C.15, subdivision 4, paragraph (b), clause (1),
the individual may request a fair hearing under section 256.045, unless the disqualification is
deemed conclusive under section 245C.29.
(b) The fair hearing is the only administrative appeal of the final agency determination for
purposes of appeal by the disqualified individual. The disqualified individual does not have the
right to challenge the accuracy and completeness of data under section 13.04.
(c) If the individual was disqualified based on a conviction or admission to any crimes listed
in section 245C.15, subdivisions 1 to 4, the reconsideration decision under section 245C.22 is
the final agency determination for purposes of appeal by the disqualified individual and is not
subject to a hearing under section 256.045. If the individual was disqualified based on a judicial
determination, that determination is treated the same as a conviction for purposes of appeal.
(d) This subdivision does not apply to a public employee's appeal of a disqualification
under section 245C.28, subdivision 3.
(e) Notwithstanding paragraph (c), if the commissioner does not set aside a disqualification
of an individual who was disqualified based on both a preponderance of evidence and a
conviction or admission, the individual may request a fair hearing under section 256.045, unless
the disqualifications are deemed conclusive under section 245C.29. The scope of the hearing
conducted under section 256.045 with regard to the disqualification based on a conviction
or admission shall be limited solely to whether the individual poses a risk of harm, according
to section 256.045, subdivision 3b.
    Subd. 2. Consolidated fair hearing for maltreatment determination and disqualification
not set aside. (a) If an individual who is disqualified on the bases of serious or recurring
maltreatment requests a fair hearing on the maltreatment determination under section 626.556,
subdivision 10i , or 626.557, subdivision 9d, and requests a fair hearing under this section on the
disqualification, which has not been set aside, the scope of the fair hearing under section 256.045
shall include the maltreatment determination and the disqualification.
(b) A fair hearing is the only administrative appeal of the final agency determination. The
disqualified individual does not have the right to challenge the accuracy and completeness of
data under section 13.04.
(c) This subdivision does not apply to a public employee's appeal of a disqualification
under section 245C.28, subdivision 3.
History: 2003 c 15 art 1 s 27; 1Sp2003 c 14 art 6 s 6; 2004 c 288 art 1 s 69,70; 1Sp2005 c 4
art 1 s 41