Fair hearing allowed for providers.

(a) This subdivision applies to providers caring for children receiving child care assistance.

deleted text begin (b) A provider to whom a county agency has assigned responsibility for an overpayment may request a fair hearing in accordance with section 256.045 for the limited purpose of challenging the assignment of responsibility for the overpayment and the amount of the overpayment. The scope of the fair hearing does not include the issues of whether the provider wrongfully obtained public assistance in violation of section 256.98 or was properly disqualified under section 256.98, subdivision 8 , paragraph (c), unless the fair hearing has been combined with an administrative disqualification hearing brought against the provider under section 256.046 . deleted text end

new text begin (b) A provider may request a fair hearing according to sections 256.045 and 256.046 only if a county agency or the commissioner: new text end

new text begin (1) denies or revokes a provider's authorization, unless the action entitles the provider to an administrative review under section 119B.161; new text end

new text begin (2) assigns responsibility for an overpayment to a provider under section 119B.11, subdivision 2a; new text end

new text begin (3) establishes an overpayment for failure to comply with section 119B.125, subdivision 6; new text end

new text begin (4) seeks monetary recovery or recoupment under section 245E.02, subdivision 4, paragraph (c), clause (2); new text end

new text begin (5) initiates an administrative fraud disqualification hearing; or new text end

new text begin (6) issues a payment and the provider disagrees with the amount of the payment. new text end

new text begin (c) A provider may request a fair hearing by submitting a written request to the Department of Human Services, Appeals Division. A provider's request must be received by the Appeals Division no later than 30 days after the date a county or the commissioner mails the notice. new text end

new text begin (d) The provider's appeal request must contain the following: new text end

new text begin (1) each disputed item, the reason for the dispute, and, if applicable, an estimate of the dollar amount involved for each disputed item; new text end

new text begin (2) the computation the provider believes to be correct, if applicable; new text end

new text begin (3) the statute or rule relied on for each disputed item; and new text end

new text begin (4) the name, address, and telephone number of the person at the provider's place of business with whom contact may be made regarding the appeal. new text end