Subd. 3c. Contested case. Contested case hearing rights related to a disqualification shall be governed according to section 245C.28. Subd. 3d. Disqualification. Disqualification shall be governed according to sections 245C.14 and 245C.15. Subd. 3e. Variance for a disqualified individual. A variance for a disqualified individual shall be governed according to section 245C.30. Subd. 3f. Conclusive determinations or dispositions. Whether a disqualification determination or maltreatment determination or disposition is deemed conclusive shall be governed according to section 245C.29. Subd. 4. Inspections; waiver. (a) Before issuing an initial license, the commissioner shall conduct an inspection of the program. The inspection must include but is not limited to: (1) an inspection of the physical plant; (2) an inspection of records and documents; (3) an evaluation of the program by consumers of the program; and (4) observation of the program in operation. For the purposes of this subdivision, “consumer” means a person who receives the services of a licensed program, the person’s legal guardian, or the parent or individual having legal custody of a child who receives the services of a licensed program. (b) The evaluation required in paragraph (a), clause (3) or the observation in paragraph (a), clause (4) is not required prior to issuing an initial license under subdivision 7. If the commissioner issues an initial license under subdivision 7, these requirements must be completed within one year after the issuance of an initial license. Subd. 5. Commissioner’s right of access . (a) When the commissioner is exercising the powers conferred by this chapter and sections 245.69, 626.556, and 626.557, the commissioner must be given access to: (1) the physical plant and grounds where the program is provided; (2) documents and records, including records maintained in electronic format; (3) persons served by the program; and (4) staff and personnel records of current and former staff whenever the program is in operation and the information is relevant to inspections or investigations conducted by the commissioner. Upon request, the license holder must provide the commissioner verification of documentation of staff work experience, training, or educational requirements. The commissioner must be given access without prior notice and as often as the commissioner considers necessary if the commissioner is investigating alleged maltreatment, conducting a licensing inspection, or investigating an alleged violation
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