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Child Care Assistance Program Policy Manual Issued 10/2019 Administrative Disqualification - Providers 13.9.3 St Paul, MN 55164-0941

If the provider submits their appeal to the CCAP agency, immediately forward the appeal directly to the DHS Appeals Office. The State Appeals office will notify the CCAP agency upon receipt of the appeal. The State Appeals office will schedule a hearing date, send the accused person and CCAP agency a notice of hearing, and will request the CCAP agency submit an appeal summary. Federal regulations require the State Appeals Office to give notice of an ADH hearing at least 30 days in advance. Within 90 days of the provider filing an appeal, the State Appeals Office must conduct the hearing, reach a decision, and notify the accused person and CCAP agency for the decision. Investigative subpoena Subpoena authority is available to CCAP agencies to gather information relevant to the investigation of a potential IPV that will be pursued through the administrative process. Consider using an investigative subpoena when a third party refuses to provide information. Complete the Request for Investigative Subpoena (DHS- 3436), and send it to the DHS Appeals and Regulations Division. Include a description of the information being requested and the relevance of the information to establishing the IPV. These subpoenas are not self-enforcing meaning that a first refusal to obey will not result in a contempt citation. However, these subpoenas are enforceable by appealing to district court for their enforcement by issue of a district court subpoena. Disqualification consent agreement County and tribal attorneys can also use the (CCAP Disqualification Consent Agreement (DCA) (DHS-3429A (PDF)) for providers as an option for establishing an IPV and allowing an accused person to voluntarily agree to disqualification and repayment of program benefits. Use of the DCA form is limited to the discretion or and execution by the county or tribal attorney’s office. The DCA’s intended use is for those IPV cases that the county or tribal attorney chooses to adjudicate without formal charging and prosecution outcomes. Legal authority Minnesota Statutes 119B Minnesota Statutes 256.046 Minnesota Statutes 256.98 Minnesota Rules 3400.0183 Minnesota Rules 3400.0230