(c) The appeal must be made in writing by certified mail or personal service. If mailed, the appeal must be postmarked and sent to the commissioner within the prescribed timeline with the first day beginning the day after the license holder receives the certified letter. If a request is made by personal service, it must be received by the commissioner within the prescribed timeline with the first day beginning the day after the license holder receives the certified letter. (d) When there are different timelines prescribed in statutes for the appeal of licensing actions or sanctions simultaneously issued by the commissioner, the commissioner shall specify in the notice to the license holder the timeline for appeal as specified under paragraph (b). Subd. 7. Time frame for conducting hearing. Within 15 working days of receipt of the license holder’s timely appeal of a sanction under this section other than a temporary immediate suspension, the commissioner shall request assignment of an administrative law judge. The commissioner’s request must include a proposed date, time, and place of a hearing. A hearing must be conducted by an administrative law judge within 90 calendar days of the request for assignment, unless an extension is requested by either party and granted by the administrative law judge for good cause or for purposes of discussing settlement. In no case shall one or more extensions be granted for a total of more than 90 calendar days unless there is a criminal or juvenile court action pending against the license holder or another individual subject to a background study. 245A.075 DISQUALIFIED INDIVIDUAL; DENIAL, CONDITIONAL LICENSE, REVOCATION. (a) For the purpose of keeping a disqualified individual away from individuals receiving services in a license holder’s home, when the disqualified individual has not received a set-aside and a variance has not been granted under chapter 245C, the commissioner may issue: (1) an order of denial of an application; (2) an order of conditional license; or (3) an order of revocation. (b) An order issued by the commissioner under this section is subject to notice and appeal rights provided under this chapter as follows: (1) an order of denial of an application according to section 245A.05; (2) an order of conditional license according to section 245A.06; and (3) an order of revocation of a license according to section 245A.07. 245A.08 HEARINGS. Subdivision 1. Receipt of appeal; conduct of hearing. Upon receiving a timely appeal or petition pursuant to section 245A.05, 245A.07, subdivision 3, or 245C.28, the commissioner shall issue a notice of and order for hearing to the appellant under chapter 14 and Minnesota Rules, parts 1400.8505 to 1400.8612.
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