Temporary licensee survey.

(a) If the temporary licensee is in substantial compliance with the survey, the commissioner shall issue either a basic or comprehensive home care license. If the temporary licensee is not in substantial compliance with the survey, the commissioner shall new text begin either: (1) new text end not issue a deleted text begin basic or comprehensive deleted text end license and deleted text begin there will be no contested hearing right under chapter 14. deleted text end new text begin terminate the temporary license; or (2) extend the temporary license for a period not to exceed 90 days and apply conditions, as permitted under section 144A.475, subdivision 2, to the extension of a temporary license. If the temporary licensee is not in substantial compliance with the survey within the time period of the extension, or if the temporary licensee does not satisfy the license conditions, the commissioner may deny the license. new text end

(b) If the temporary licensee whose basic or comprehensive license has been denied new text begin or extended with conditions new text end disagrees with the conclusions of the commissioner, then the new text begin temporary new text end licensee may request a reconsideration by the commissioner or commissioner's designee. The reconsideration request process must be conducted internally by the commissioner or commissioner's designee, and chapter 14 does not apply.

(d) new text begin The reconsideration request and supporting documentation must be received by the commissioner within 15 calendar days after the date the temporary licensee receives the correction order. new text end

new text begin (e) A temporary licensee whose license is denied, is permitted to continue operating as a home care provider during the period of time when: new text end

new text begin (1) a reconsideration request is in process; new text end

new text begin (2) an extension of a temporary license is being negotiated; new text end

new text begin (3) the placement of conditions on a temporary license is being negotiated; or new text end

new text begin (4) a transfer of home care clients from the temporary licensee to a new home care provider is in process. new text end

new text begin (f) new text end A temporary licensee whose license is denied must comply with the requirements for notification and transfer of clients in section 144A.475, subdivision 5 .