Minnesota Statutes Public Welfare and Related Activities (Ch. 245-267) § 245C.29. Conclusive determinations or dispositions

(1) the commissioner has issued a final order in an appeal of that determination or disposition undersection 245A.08, subdivision 5, or256.045;

(2) the individual did not request reconsideration of the maltreatment determination or disposition undersection 626.557or chapter 260E; or

(3) the individual did not request a hearing of the maltreatment determination or disposition undersection 256.045.

Subd. 2. Conclusive disqualification determination. (a) A disqualification is conclusive for purposes of current and future background studies if:

(b) When a licensing action undersection 245A.05,245A.06, or245A.07is based on the disqualification of an individual in connection with a license to provide family child care, foster care for children in the provider's own home, or foster care services for adults in the provider's own home, that disqualification shall be conclusive for purposes of the licensing action if a request for reconsideration was not submitted within 30 calendar days of the individual's receipt of the notice of disqualification.

(c) If a disqualification is conclusive under this section, the individual has a right to request reconsideration on the risk of harm undersection 245C.21unless the commissioner is barred from setting aside the disqualification undersection 245C.24. The commissioner's decision regarding the risk of harm shall be the final agency decision and is not subject to a hearing under this chapter, chapter 14, orsection 256.045.