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Child Care Assistance Program Policy Manual Issued 07/2023 Family and provider appeal rights 15.6 If a child care provider’s registration was denied or closed based on a licensing action, the child care assistance appeal will happen after a final decision is reached about the license. A Human Services Judge assigned to a fair hearing may join a family or a provider as a party to the fair hearing whenever joining of that party is necessary to fully and fairly resolve overpayment issues raised in the appeal. Contested case hearing A provider may request a contested case hearing when the Department of Human Services (DHS) sends a notice of disenrollment, revocation or suspension a license, disqualification, or debarment under a specific law that allows DHS to take action when a provider has been excluded from any publicly funded program administered by DHS or another state or federal agency. For information on: • How a provider may request a contested case hearing see Chapter 15.9 (Appeal Requests) • Notice requirements for contested case hearings see Chapter 12.6.9 (Termination Notices – Provider). Administrative review or administrative reconsideration When a provider’s registration is closed or denied and payments are immediately stopped due to findings of violations in an investigation and/or a credible allegation of fraud, depending on the circumstances, the provider may request either an administrative review or administrative reconsideration. An administrative review may be requested when a provider’s payments are stopped because: • The provider admitted to intentionally giving the county materially false information on its billing forms; • DHS or the county agency found by a preponderance of evidence that the provider intentionally gave the county materially false information on its billing forms or attendance records; or • DHS finds the provider is improperly recruiting employees.

An administrative reconsideration may be requested when a provider’s payments are stopped because DHS determines there is a credible allegation of fraud for which an investigation is pending for a program administered by a Minnesota state or federal agency. Both administrative reviews and administrative reconsiderations are processes that allow a provider whose child care assistance payments are temporarily suspended to submit written proof and argument for consideration by the Minnesota Department of Human Services. These are not formal hearings. In situations when a provider may request an administrative review, the provider’s registration stays closed and payments are stopped until: • The Department of Human Services (DHS) or a law enforcement authority determines there is insufficient evidence to continue the action; or DHS or a CCAP agency decides not to pursue further administrative remedy under Minnesota Statutes, chapter 245E or section 256.98; or • All criminal, civil, or administrative proceedings related to the alleged misconduct have concluded and all appeal rights have been exhausted.