Minnesota Statutes Public Welfare and Related Activities (Ch. 245-267) § 256.046. Administrative fraud disqualification hearings

Subdivision 1. Hearing authority. A local agency must initiate an administrative fraud disqualification hearing for individuals accused of wrongfully obtaining assistance or intentional program violations, in lieu of a criminal action when it has not been pursued, in general assistance, family general assistance program formerly codified insection 256D.05, subdivision 1, clause (15), Minnesota supplemental aid, MinnesotaCare for adults without children, and upon federal approval, all categories of medical assistance and remaining categories of MinnesotaCare except for children through age 18. The Department of Human Services, in lieu of a local agency, may initiate an administrative fraud disqualification hearing when the state agency is directly responsible for administration or investigation of the program for which benefits were wrongfully obtained. The hearing is subject to the requirements ofsections 256.045and256.0451and the requirements inCode of Federal Regulations, title 7, section 273.16.

Subd. 2. Combined hearing. The human services judge may combine a fair hearing undersection 142A.20or256.045and administrative fraud disqualification hearing under this section orsection 142A.27into a single hearing if the factual issues arise out of the same, or related, circumstances and the individual receives prior notice that the hearings will be combined. If the administrative fraud disqualification hearing and fair hearing are combined, the time frames for administrative fraud disqualification hearings specified inCode of Federal Regulations, title 7, section 273.16, apply. If the individual accused of wrongfully obtaining assistance is charged undersection 256.98for the same act or acts which are the subject of the hearing, the individual may request that the hearing be delayed until the criminal charge is decided by the court or withdrawn.

Subd. 3. Renumbered 142E.51, subd. 5.