Correction order requirements modified.

A bill for an act

relating to child care licensing; modifying requirements for correction orders;

amending Minnesota Statutes 2025 Supplement, section 142B.16, subdivision 2.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2025 Supplement, section 142B.16, subdivision 2, is amended

to read:

Subd. 2.

Reconsideration of correction orders.

(a) If the applicant or license holder

believes that the contents of the commissioner's correction order are in error, the applicant

or license holder may ask the Department of Children, Youth, and Families to reconsider

the parts of the correction order that are alleged to be in error. The request for reconsideration

must be made in writing and must be postmarked and sent to the commissioner within 20

calendar days after receipt of the correction order under this paragraph, or receipt of the

interpretive guidance under paragraph (d), by the applicant or license holder or submitted

in the provider licensing and reporting hub within 20 calendar days from the date the

commissioner issued the order under this paragraph, or provided the interpretive guidance

under paragraph (d), through the hub, and:

(1) specify the parts of the correction order that are alleged to be in error;

(2) explain why they are in error; and

(3) include documentation to support the allegation of error.

(b) Upon implementation of the provider licensing and reporting hub, the provider must

use the hub to request reconsideration under this paragraph, or to request interpretive guidance

under paragraph (d). A request for reconsideration does not stay any provisions or

requirements of the correction order. The commissioner's disposition of a request for

reconsideration is final and not subject to appeal under chapter 14.

(c) This paragraph applies only to licensed family child care providers. A licensed family

child care provider who requests reconsideration of a correction order under paragraph (a)

may also request, on a form and in the manner prescribed by the commissioner, that the

commissioner expedite the review if:

(1) the provider is challenging a violation and provides a description of how complying

with the corrective action for that violation would require the substantial expenditure of

funds or a significant change to their program; and

(2) describes what actions the provider will take in lieu of the corrective action ordered

to ensure the health and safety of children in care pending the commissioner's review of the

correction order.

(d) Prior to a request for reconsideration under paragraph (a), if the applicant or license

holder believes that the applicable rule or statute is ambiguous or the commissioner's

interpretation of the applicable rule or statute is in error, the applicant or license holder may

ask the Department of Children, Youth, and Families to provide interpretive guidance on

the applicable rule or statute underlying the correction order.

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(e) The commissioner must publicly post the notification of the correction order addressed

to the authorized agent of a licensed child care center or licensed family child care provider

on the department's website, subject to the limitations in paragraph (f).

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(e)
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(f)
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The commissioner must not publicly post the correction order for licensed child

care centers or licensed family child care providers on the department's website until:

(1) after the 20-calendar-day period for requesting reconsideration; or

(2) if the applicant or license holder requested reconsideration, after the commissioner's

disposition of a request for reconsideration is provided to the applicant or license holder.

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EFFECTIVE DATE.

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This section is effective January 1, 2027.

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