First Considerations in Starting a Family Child Care Busine…

(d) The commissioner shall work with the commissioners of health, public safety, administration, and education in establishing a single point of application for applicants who are required to obtain concurrent licensure from more than one of the commissioners listed in this clause. (e) Unless otherwise specified in statute, the commissioner may conduct routine inspections biennially. Subd. 8. Interpretive guidelines; authority. The commissioner of human services may develop and publish interpretive guidelines. Subd. 9. Effect of interpretive guidelines. Interpretive guidelines do not have the force and effect of law and have no precedential effect, but may be relied on by consumers, providers of service, county agencies, the Department of Human Services, and others concerned until revoked or modified. A guideline may be expressly revoked or modified by the commissioner, by the issuance of another interpretive guideline, but may not be revoked or modified retroactively to the detriment of consumers, providers of service, county agencies, the Department of Human Services, or others concerned. A change in the law or an interpretation of the law occurring after the interpretive guidelines are issued, whether in the form of a statute, court decision, administrative ruling, or subsequent interpretive guideline, results in the revocation or modification of the previously adopted guidelines to the extent that the change affects the guidelines. Subd. 10. Rulemaking process; commissioner exempted. When developing, making, adopting, and issuing interpretive guidelines under the authority granted under subdivision 8, the commissioner is exempt from the rulemaking provisions of chapter 14 until July 1, 1998. Subd. 11. Issuance; discretion of commissioner. The issuance of interpretive guidelines is at the discretion of the commissioner of human services. Subd. 12. [Repealed, 2014 c 262 art 5 s 7] 245A.091 [Repealed, 1997 c 248 s 51] 245A.095 RULES FOR PROGRAMS SERVING PERSONS WITH MENTAL ILLNESSES. Subdivision 1. License required. Residential programs with five or more persons with a mental illness must be licensed under this chapter. To assure that this requirement is met, the commissioner of health, in cooperation with the commissioner of human services, shall monitor licensed boarding care homes, board and lodging houses, and supervised living facilities. By January 1, 1989, the commissioner of health shall recommend to the legislature an appropriate method for enforcing this requirement. Subd. 1a. Rules. In developing rules for serving persons with mental illness, the commissioner of human services shall assure that persons with mental illness are provided with needed treatment or support in the least restrictive, most appropriate environment, that supportive residential care in small homelike settings is available for persons needing that care, and that a mechanism is developed to ensure that no person

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