new text begin Administrative disqualification of child care providers caring for children receiving child care assistance. new text end

new text begin (a) The department or local agency shall pursue an administrative disqualification, if the child care provider is accused of committing an intentional program violation, in lieu of a criminal action when it has not been pursued. Intentional program violations include intentionally making false or misleading statements; intentionally misrepresenting, concealing, or withholding facts; and repeatedly and intentionally violating program regulations under chapters 119B and 245E. Intent may be proven by demonstrating a pattern of conduct that violates program rules under chapters 119B and 245E. new text end

new text begin (b) To initiate an administrative disqualification, a local agency or the commissioner must mail written notice by certified mail to the provider against whom the action is being taken. Unless otherwise specified under chapter 119B or 245E or Minnesota Rules, chapter 3400, a local agency or the commissioner must mail the written notice at least 15 calendar days before the adverse action's effective date. The notice shall state (1) the factual basis for the agency's determination, (2) the action the agency intends to take, (3) the dollar amount of the monetary recovery or recoupment, if known, and (4) the provider's right to appeal the agency's proposed action. new text end

new text begin (c) The provider may appeal an administrative disqualification 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 local agency 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

new text begin (e) On appeal, the issuing agency bears the burden of proof to demonstrate by a preponderance of the evidence that the provider committed an intentional program violation. new text end

new text begin (f) The hearing is subject to the requirements of sections 256.045 and 256.0451. The human services judge may combine a fair hearing and administrative disqualification hearing into a single hearing if the factual issues arise out of the same or related circumstances and the provider receives prior notice that the hearings will be combined. new text end

new text begin (g) A provider found to have committed an intentional program violation and is administratively disqualified shall be disqualified, for a period of three years for the first offense and permanently for any subsequent offense, from receiving any payments from any child care program under chapter 119B. new text end

new text begin (h) Unless a timely and proper appeal made under this section is received by the department, the administrative determination of the department is final and binding. new text end