Minnesota Statutes Public Welfare and Related Activities (Ch. 245-267) § 245C.27. Fair hearing rights

Subdivision 1. Fair hearing following a reconsideration decision. (a) An individual 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 insection 245C.15; for a determination undersection 626.557or chapter 260E of substantiated maltreatment that was serious or recurring undersection 245C.15; or for failure to make required reports undersection 260E.06, subdivision 1or 2; 260E.11, subdivision 1; or626.557, subdivision 3, pursuant tosection 245C.15, subdivision 4, paragraph (b), clause (1), may request a fair hearing undersection 256.045, following a reconsideration decision issued undersection 245C.23, unless the disqualification is deemed conclusive undersection 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 undersection 13.04.

(c) Except as provided under paragraph (e), if the individual was disqualified based on a conviction of, admission to, or Alford Plea to any crimes listed insection 245C.15, subdivisions 1to4, or for a disqualification undersection 256.98, subdivision 8, the reconsideration decision undersection 245C.22is the final agency determination for purposes of appeal by the disqualified individual and is not subject to a hearing undersection 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 undersection 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 undersection 256.045, unless the disqualifications are deemed conclusive undersection 245C.29. The scope of the hearing conducted undersection 256.045with regard to the disqualification based on a conviction or admission shall be limited solely to whether the individual poses a risk of harm, according tosection 256.045, subdivision 3b. In this case, the reconsideration decision undersection 245C.22is not the final agency decision for purposes of appeal by the disqualified individual.

Subd. 2. Consolidated fair hearing following a reconsideration decision. (a) If an individual who is disqualified on the bases of serious or recurring maltreatment requests a fair hearing on the maltreatment determination undersection 260E.33or626.557, subdivision 9d, and requests a fair hearing under this section on the disqualification following a reconsideration decision undersection 245C.23, the scope of the fair hearing undersection 256.045shall 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 undersection 13.04.

(c) This subdivision does not apply to a public employee's appeal of a disqualification undersection 245C.28, subdivision 3.