Page 456

Child Care Assistance Program Policy Manual Issued 07/2023 Appeals 15 Families and providers who are adversely affected by a CCAP agency or Department of Human Services (DHS) decision may be able to request a review of the matter by the Department of Human Services (DHS). Some appeals, called fair hearings, are overseen by the DHS Appeals Division. A fair hearing is a legal process where a human services judge oversees an administrative hearing and reviews a decision made by a CCAP agency or DHS staff that supervise CCAP. In these hearings, families and providers and the CCAP agency are able to present evidence to the human service judge, including witness testimony. The human services judge then reviews the evidence and issues a recommended order for the Commissioner to accept or refuse. Families or providers may appeal a fair hearing decision by the Commissioner to district court or request a reconsideration. Most fair hearings are decided within 90 days of the date of request for a hearing. Other types of provider due process rights are overseen by other areas of DHS or the Office of Administrative Hearings. See the chapters below for more information: 15.3 Appealable Issues 15.6 Family and Provider Appeal Rights 15.9 Appeal Requests 15.12 Fair Hearing Process 15.15 Continuation of Benefits 15.18 Effect of Appeal Decision Legal authority Minnesota Statutes 119B.16 Minnesota Statutes 119B.161 Minnesota Statutes 119B.162 Minnesota Statutes 245.095 Minnesota Statutes 245E.06, subd 3 Minnesota Statutes 256.045 Minnesota Statutes 256.046 Minnesota Rules 3400.0230