Current through Register Vol. 49, No. 13, September 23, 2024
Subpart 1.
Contested case
proceedings.
The county agency shall represent the commissioner in
contested case appeals of negative licensing actions involving license holders
supervised by the county agency. The county agency shall:
A. arrange for legal consultation and
representation by the county attorney;
B. prepare all documents necessary for the
contested case proceeding;
C.
within 30 days after receipt of the appeal packet from the department, arrange
with the Office of Administrative Hearings for the services of an
administrative law judge and a timely date and location for the
hearing;
D. serve the notice of and
order for hearing as provided in part
1400.5600; and
E. send a copy of the notice of and order for
hearing to the commissioner.
Subp.
2.
Appeals involving private agencies.
The attorney general represents the commissioner in contested
case appeals of licensing actions involving license holders licensed based on
the recommendation of a private agency.
Subp. 3.
Informal dispositions,
stipulated agreements.
In making an informal disposition of a contested case, the
county agency shall follow the procedures in items A to D:
A. The county agency shall obtain preliminary
approval from the commissioner to discuss an informal disposition of the
contested case.
B. Before entering
into any settlement agreement with an applicant or license holder appealing an
order of the commissioner, the county agency shall discuss the terms of the
proposed agreement with the commissioner.
C. If the commissioner approves of the
proposed terms, the county agency shall:
(1)
draft an agreement and obtain signatures of the party appealing and county
representatives;
(2) submit the
signed agreement to the commissioner for approval and signatures; the agreement
is not effective until signed by the commissioner; and
(3) monitor the program for compliance with
the terms of the agreement.
D. If the commissioner or parties are unable
to reach a settlement, the county agency shall schedule a contested case
hearing.
Statutory Authority: MS s
245A.09;
245A.16
