245C.28 Contested case hearing rights. 

    Subdivision 1.    License holder.  (a) If a maltreatment 
 determination or a disqualification for which reconsideration 
 was requested and which was not set aside or rescinded is the 
 basis for a denial of a license under section 245A.05 or a 
 licensing sanction under section 245A.07, the license holder has 
 the right to a contested case hearing under chapter 14 and 
 Minnesota Rules, parts 1400.8505 to 1400.8612. 

    (b) The license holder must submit the appeal in accordance 
 with section 245A.05 or 245A.07, subdivision 3.  As provided 
 under section 245A.08, subdivision 2a, the scope of the 
 consolidated contested case hearing must include the 
 disqualification and the licensing sanction or denial of a 
 license. 

    (c) If the disqualification was based on a determination of 
 substantiated serious or recurring maltreatment under section 
 626.556 or 626.557, the appeal must be submitted in accordance 
 with sections 245A.07, subdivision 3, and 626.556, subdivision 
 10i, or 626.557, subdivision 9d.  As provided for under section 
 245A.08, subdivision 2a, the scope of the contested case hearing 
 must include the maltreatment determination, the 
 disqualification, and the licensing sanction or denial of a 
 license.  In such cases, a fair hearing must not be conducted 
 under section 256.045. 

    Subd. 2.    Individual other than license holder.  If 
 the basis for the commissioner's denial of a license under 
 section 245A.05 or a licensing sanction under section 245A.07 is 
 a maltreatment determination or disqualification that was not 
 set aside or rescinded under section 245C.22, and the 
 disqualified subject is an individual other than the license 
 holder and upon whom a background study must be conducted under 
 section 245C.03, the hearing of all parties may be consolidated 
 into a single contested case hearing upon consent of all parties 
 and the administrative law judge. 

    Subd. 3.    Employees of public employer.  (a) If the 
 commissioner does not set aside the disqualification of an 
 individual who is an employee of an employer, as defined in 
 section 179A.03, subdivision 15, the individual may request a 
 contested case hearing under chapter 14. 

    (b) If the commissioner does not set aside or rescind a 
 disqualification that is based on a maltreatment determination, 
 the scope of the contested case hearing must include the 
 maltreatment determination and the disqualification.  In such 
 cases, a fair hearing must not be conducted under section 
 256.045. 

    (c) Rules adopted under this chapter may not preclude an 
 employee in a contested case hearing for a disqualification from 
 submitting evidence concerning information gathered under this 
 chapter. 

    Subd. 4.    Final agency order.  The commissioner's 
 final order under section 245A.08, subdivision 5, is conclusive 
 on the issue of maltreatment and disqualification, including for 
 purposes of subsequent background studies.  The contested case 
 hearing under this section is the only administrative appeal of 
 the final agency determination, specifically, including a 
 challenge to the accuracy and completeness of data under section 
 13.04. 

    HIST: 2003 c 15 art 1 s 28