Minnesota Statutes Proprietary Schools (Ch. 141-142) § 142B.20. Hearings

Subd. 3. Consolidated contested case hearings. (a) When a denial of a license undersection 142B.15or a licensing sanction undersection 142B.18, subdivision 6, is based on a disqualification for which reconsideration was timely requested and which was not set aside undersection 245C.22, the scope of the contested case hearing shall include the disqualification and the licensing sanction or denial of a license, unless otherwise specified in this subdivision. When the licensing sanction or denial of a license is based on a determination of maltreatment undersection 626.557or chapter 260E, or a disqualification for serious or recurring maltreatment that was not set aside, the scope of the contested case hearing shall include the maltreatment determination, disqualification, and the licensing sanction or denial of a license, unless otherwise specified in this subdivision. In these cases, a fair hearing undersection 142A.20shall not be conducted as provided insections 245C.27,260E.33, and626.557, subdivision 9d.

(b) Except for family child care and child foster care, reconsideration of a maltreatment determination undersections 260E.33and626.557, subdivision 9d, and reconsideration of a disqualification undersection 245C.22, shall not be conducted when:

Notwithstanding clauses (1) to (3), if the license holder appeals the maltreatment determination or disqualification, but does not appeal the denial of a license or a licensing sanction, reconsideration of the maltreatment determination shall be conducted undersections 260E.33and626.557, subdivision 9d, and reconsideration of the disqualification shall be conducted undersection 245C.22. In such cases, a fair hearing shall also be conducted as provided undersections 245C.27,260E.33, and626.557, subdivision 9d.

(c) In consolidated contested case hearings regarding sanctions issued in family child care and child foster care, the county attorney shall defend the commissioner's orders in accordance withsection 142B.30, subdivision 4.

(d) The commissioner's final order under subdivision 6 is the final agency action on the issue of maltreatment and disqualification, including for purposes of subsequent background studies under chapter 245C and is the only administrative appeal of the final agency determination, including a challenge to the accuracy and completeness of data undersection 13.04.

(e) When consolidated hearings under this subdivision involve a licensing sanction based on a previous maltreatment determination for which the commissioner has issued a final order in an appeal of that determination undersection 142A.20or the individual failed to exercise the right to appeal the previous maltreatment determination undersection 260E.33or626.557, subdivision 9d, the commissioner's order is conclusive on the issue of maltreatment. In such cases, the scope of the administrative law judge's review shall be limited to the disqualification and the licensing sanction or denial of a license. In the case of a denial of a license or a licensing sanction issued to a facility based on a maltreatment determination regarding an individual who is not the license holder or a household member, the scope of the administrative law judge's review includes the maltreatment determination.

(f) The hearings of all parties may be consolidated into a single contested case hearing upon consent of all parties and the administrative law judge, if:

(g) When a denial of a license undersection 142B.15or a licensing sanction undersection 142B.18is based on a disqualification for which reconsideration was requested and was not set aside undersection 245C.22, and the individual otherwise has no hearing right undersection 245C.27, the scope of the administrative law judge's review shall include the denial or sanction and a determination whether the disqualification should be set aside, unlesssection 245C.24prohibits the set-aside of the disqualification. In determining whether the disqualification should be set aside, the administrative law judge shall consider the factors undersection 245C.22, subdivision 4, to determine whether the individual poses a risk of harm to any person receiving services from the license holder.

(h) Notwithstandingsection 245C.30, subdivision 5, when a licensing sanction undersection 142B.18is based on the termination of a variance undersection 245C.30, subdivision 4, the scope of the administrative law judge's review shall include the sanction and a determination whether the disqualification should be set aside, unlesssection 245C.24prohibits the set-aside of the disqualification. In determining whether the disqualification should be set aside, the administrative law judge shall consider the factors undersection 245C.22, subdivision 4, to determine whether the individual poses a risk of harm to any person receiving services from the license holder.

Subd. 4. Burden of proof. (a) At a hearing regarding a licensing sanction undersection 142B.18, including consolidated hearings under subdivision 3, the commissioner may demonstrate reasonable cause for action taken by submitting statements, reports, or affidavits to substantiate the allegations that the license holder failed to comply fully with applicable law or rule. If the commissioner demonstrates that reasonable cause existed, the burden of proof shifts to the license holder to demonstrate by a preponderance of the evidence that the license holder was in full compliance with those laws or rules that the commissioner alleges the license holder violated, at the time that the commissioner alleges the violations of law or rules occurred.

(b) At a hearing on denial of an application, the applicant bears the burden of proof to demonstrate by a preponderance of the evidence that the appellant has complied fully with this chapter and other applicable law or rule and that the application should be approved and a license granted.

Subd. 7. Granting subsequent license. (a) A license holder and each controlling individual of a license holder whose license has been revoked under this chapter or chapter 245A because of noncompliance with applicable law or rule must not be granted a license for five years following the revocation. Notwithstanding the five-year restriction, when a license is revoked under this chapter or chapter 245A because a person, other than the license holder, resides in the home where services are provided and that person has a disqualification that is not set aside and no variance has been granted, the former license holder may reapply for a license when:

(b) An applicant or controlling individual whose application was denied under this chapter or chapter 245A must not be granted a license for two years following a denial, unless the applicant's subsequent application contains new information which constitutes a substantial change in the conditions that caused the previous denial. The addition of a new co-applicant in a subsequent application does not constitute a substantial change. If an applicant or controlling individual whose application was denied under this chapter or chapter 245A is affiliated with a subsequent application, and two years have not passed since the denial, the subsequent application must be denied.