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Child Care Assistance Program Policy Manual Issued 07/2023 Appeal Hearing Process 15.12 After the hearing After the hearing, the human services judge writes a recommendation to the Commissioner of Human Services’ delegate, typically one of the co-chief human services judges. The co-chief human services judge makes the final decision and issues an order affirming, reversing, or modifying the action of the CCAP agency or DHS. If the co- chief human services judge disagrees with the human services judge's recommendation, the co-chief human services judge will send a letter to the parties indicating they are considering making a different decision with a copy of the human services judge’s recommended decision and, in most cases, a proposed amended decision. Each party has 10 days to present additional written arguments before a final decision is issued. Requesting reconsideration If the appellant or the agency disagrees with the final decision, either party has 30 days from the date of the final decision to ask for a reconsideration. When requesting reconsideration, the request must state the reasons why the appellant or the agency believes the decision should be reconsidered. The request may include legal arguments and may include proposed additional evidence supporting the request. If additional evidence is proposed, the appellant or the agency must explain why the evidence was not provided at the hearing. The Director of the Appeals Division may reconsider an order upon request of either party, or on the Director’s own motion. If reconsideration is granted, the Director will issue an order affirming, reversing or amending the original order, or remanding the matter back to a human services judge for further proceedings. The original order takes effect even if there is a request to reconsider. Appealing in district court The appellant or the agency may also appeal to state district court. This is a separate legal proceeding that must be appealed to district court within 30 days from the date the final decision was issued. An appeal to district court may be filed instead of a request for reconsideration or after a request for reconsideration has been denied. Either party may also appeal to district court to enforce an appeal decision. Legal authority Minnesota Statutes 119B.16 Minnesota Statutes 256.045 Minnesota Statutes 256.0451 Minnesota Rules 3400.0230