Current through Register Vol. 49, No. 13, September 23, 2024
Subpart
1.
Basis for recommendation.
When recommending a negative licensing action, the agency
shall:
A. submit to the commissioner
the following information:
(1) the citation to
laws or rules that have been violated;
(2) the nature and severity of each
violation;
(3) whether the
violation is recurring or nonrecurring;
(4) the effect of the violation on persons
served by the program;
(5) an
evaluation of the risk of harm to persons served;
(6) any evaluations of the program by persons
served or their families;
(7)
relevant facts, conditions, and circumstances concerning the operation of the
program, including information identified in part
9543.0040, subpart
5, item C;
(8) any relevant information about the
qualifications of the applicant or license holder or persons living in the
residence; and
(9) any aggravating
or mitigating factors related to the violation; and
B. notify the county attorney of the
recommendation.
Subp. 2.
Temporary immediate suspension of license.
If the license holder's actions or failure to comply with
applicable law or rule poses an imminent risk of harm to the health, safety, or
rights of persons served by a program, the agency must take actions described
in items A to C:
A. The agency shall
notify the commissioner immediately.
B. If the commissioner orders a temporary
immediate suspension, the agency shall arrange for delivery, by personal
service, of written notice of temporary immediate suspension to the license
holder. The notice shall state:
(1) the reason
for the temporary immediate suspension;
(2) that the program must discontinue
operation immediately;
(3) the
license holder's right to appeal and an expedited hearing; and
(4) that the commissioner has taken the
action.
C. The agency
shall make a recommendation for further action to the commissioner.
Subp. 3.
Revocation or
denial of license.
Violations that are grounds for recommending license
revocation or denial include, but are not limited to:
A. immediate suspension of a license under
subpart
2;
B. a disqualifying crime or conduct listed in
Minnesota Statutes, section
245C.15,
that has not been set aside under Minnesota Statutes, section
245C.22,
or for which a variance has not been granted under Minnesota Statutes, section
245C.30,
or in rules governing the program;
C. a false statement knowingly made by the
license holder, on the license application;
D. failure or refusal to provide the
commissioner access to the physical plant and grounds, documents, persons
served, and staff;
E. recurring
failure to comply with discipline standards in rules governing the
program;
F. severe or recurring
failure to comply with capacity limits; or
G. licensing violations that occur while the
license is probationary or suspended.
Subp. 4.
License suspension.
The agency may recommend license suspension rather than
revocation under subpart
3 if the agency submits
information demonstrating:
A. on the
basis of factors in subpart
1, revocation is not
warranted; and
B. suspension rather
than revocation:
(1) is in the best interests
of persons served by the program; and
(2) would not pose a risk of harm to persons
served by the program.
Subp. 5. [Repealed, 30 SR 585]
Subp. 6.
Notification of licensee of
negative licensing action.
The agency shall give written notice to a license holder when
the agency recommends a negative licensing action to the commissioner.
Subp. 7.
Notice to parents
of negative licensing action.
The agency shall give written notice of a negative licensing
action to the parents or guardians of children in the programs as
follows:
A. When the agency recommends
a negative licensing action to the commissioner, the agency shall immediately
inform parents and guardians that a negative licensing action has been
recommended and that they will be informed of the commissioner's action on the
recommendation.
B. When the
commissioner orders a negative licensing action, the agency shall immediately
inform parents and guardians:
(1) that a
negative licensing action has been ordered and the circumstances for the
action;
(2) the effect of the
negative licensing action on the operation of the program; and
(3) that an explanation of the appeal process
available to the license holder is available upon request.
C. If the commissioner does not order a
negative licensing action following the agency recommendation, the agency shall
inform parents and guardians when the agency receives the commissioner's
decision.
Subp. 8.
Notice of negative licensing action to county.
If a negative licensing action has been ordered against a
child foster care program that is supervised by a private agency, the private
agency shall notify in writing the county agency in which the program is
located and any county that has placements in the home.
Statutory Authority: MS s
14.386;
14.388;
245A.09;
245A.16;
256.01;
256E.05;
257.175;
393.07
