Subp. 9. Temporary immediate suspension. If the provider’s actions or failure to comply with applicable law or rule poses an imminent risk of harm to the health, safety, or rights of the children in care, the commissioner shall act immediately to temporarily suspend the license. The provider shall be informed by personal service and informed of the right to an expedited hearing under Minnesota Statutes, chapter 14, and parts 1400.8505 to 1400.8612 as provided in Minnesota Statutes, section 245A.07, subdivisions 2 and 2a. Subp. 9a. [Repealed, 15 SR 2105] Subp. 10. Notice to parents of recommended action. As soon as the county recommends revocation, suspension, a conditional license, or temporary immediate suspension action, a notice of the circumstances for the action, but not the identity of a child, other than the parent’s own, shall be sent by the agency to the parents of children in care. If the provider remains in operation and exercises a right to a hearing, the provider must give a copy of the Notice of and Order for Hearing on the appeal to the parents of any child currently enrolled or seeking admission to the residence. Subp. 11. Reapplication after revocation or denial. A provider whose license has been revoked because of noncompliance with applicable laws or rules, shall not be granted a new license for five years following revocation. When the commissioner initiates an action to revoke a license, the provider may not voluntarily withdraw his or her license without written assurance from the provider that he or she is voluntarily accepting revocation and will not reapply for five years. An applicant whose application was denied shall not be granted a new license for two years following a denial, unless the applicant’s subsequent application contains new information which constitutes a substantial change in the condition that caused the previous denial. 9502.0345 AGENCY RECORDS. Subpart 1. Agency records. The agency shall maintain the following records for each provider: A. A copy of the completed licensing application form signed by the applicant and the agency. B. The physical health reports on any adult giving care in the residence on a regular basis. C. Any written reports from the fire marshal, agent of a community health board as authorized under Minnesota Statutes, section 145A.04, or building official. D. The agency’s initial and any renewal licensing studies. E. If the applicant has been licensed through another jurisdiction, the agency shall request and keep a reference from the licensing authority in that jurisdiction. F. The annual relicensing evaluation by the agency of the provider. Any comments of the provider about the evaluation by the agency shall also be noted in the agency record. G. Documentation of any variances of parts 9502.0315 to 9502.0445.
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