1 | 1 | | 1.1 A bill for an act |
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2 | 2 | | 1.2 relating to child care licensing; modifying requirements for correction orders; |
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3 | 3 | | 1.3 amending Minnesota Statutes 2024, section 142B.16, subdivision 2. |
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4 | 4 | | 1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: |
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5 | 5 | | 1.5 Section 1. Minnesota Statutes 2024, section 142B.16, subdivision 2, is amended to read: |
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6 | 6 | | 1.6 Subd. 2.Reconsideration of correction orders.(a) If the applicant or license holder |
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7 | 7 | | 1.7believes that the contents of the commissioner's correction order are in error, the applicant |
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8 | 8 | | 1.8or license holder may ask the Department of Children, Youth, and Families to reconsider |
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9 | 9 | | 1.9the parts of the correction order that are alleged to be in error. The request for reconsideration |
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10 | 10 | | 1.10must be made in writing and must be postmarked and sent to the commissioner within 20 |
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11 | 11 | | 1.11calendar days after receipt of the correction order by the applicant or license holder or |
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12 | 12 | | 1.12submitted in the provider licensing and reporting hub within 20 calendar days from the date |
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13 | 13 | | 1.13the commissioner issued the order through the hub, and: |
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14 | 14 | | 1.14 (1) specify the parts of the correction order that are alleged to be in error; |
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15 | 15 | | 1.15 (2) explain why they are in error; and |
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16 | 16 | | 1.16 (3) include documentation to support the allegation of error. |
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17 | 17 | | 1.17 (b) Upon implementation of the provider licensing and reporting hub, the provider must |
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18 | 18 | | 1.18use the hub to request reconsideration under paragraph (a). A request for reconsideration |
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19 | 19 | | 1.19does not stay any provisions or requirements of the correction order. The commissioner's |
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20 | 20 | | 1.20disposition of a request for reconsideration must be made in writing and must be postmarked |
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21 | 21 | | 1.21and sent to the applicant or license holder or submitted in the provider licensing and reporting |
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22 | 22 | | 1.22hub within 90 calendar days, or 45 calendar days if the review is expedited under paragraph |
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23 | 23 | | 1Section 1. |
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24 | 24 | | 25-01339 as introduced12/13/24 REVISOR DTT/LN |
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25 | 25 | | SENATE |
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26 | 26 | | STATE OF MINNESOTA |
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27 | 27 | | S.F. No. 1315NINETY-FOURTH SESSION |
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28 | 28 | | (SENATE AUTHORS: MARTY) |
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29 | 29 | | OFFICIAL STATUSD-PGDATE |
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30 | 30 | | Introduction and first reading02/13/2025 |
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31 | 31 | | Referred to Health and Human Services 2.1(c), from the date the commissioner received the request for reconsideration. The |
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32 | 32 | | 2.2commissioner's disposition of a request for reconsideration is final and not subject to appeal |
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33 | 33 | | 2.3under chapter 14. |
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34 | 34 | | 2.4 (b) (c) This paragraph applies only to licensed family child care providers. A licensed |
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35 | 35 | | 2.5family child care provider who requests reconsideration of a correction order under paragraph |
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36 | 36 | | 2.6(a) may also request, on a form and in the manner prescribed by the commissioner, that the |
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37 | 37 | | 2.7commissioner expedite the review if: |
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38 | 38 | | 2.8 (1) the provider is challenging a violation and provides a description of how complying |
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39 | 39 | | 2.9with the corrective action for that violation would require the substantial expenditure of |
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40 | 40 | | 2.10funds or a significant change to their program; and |
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41 | 41 | | 2.11 (2) describes what actions the provider will take in lieu of the corrective action ordered |
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42 | 42 | | 2.12to ensure the health and safety of children in care pending the commissioner's review of the |
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43 | 43 | | 2.13correction order. |
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44 | 44 | | 2.14 (d) The commissioner must not publicly post correction orders for licensed child care |
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45 | 45 | | 2.15centers or licensed family child care providers on the department's website until: |
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46 | 46 | | 2.16 (1) after the 20-calendar-day period for requesting reconsideration; or |
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47 | 47 | | 2.17 (2) if the applicant or license holder requested reconsideration, after the commissioner's |
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48 | 48 | | 2.18disposition of a request for reconsideration is provided to the applicant or license holder. |
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49 | 49 | | 2Section 1. |
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50 | 50 | | 25-01339 as introduced12/13/24 REVISOR DTT/LN |
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