First Considerations in Starting a Family Child Care Busine…

Subd. 3. Consequences for failing to comply with conditions of variance. When a license holder permits a disqualified individual to provide any services for which the subject is disqualified without complying with the conditions of the variance, the commissioner may terminate the variance effective immediately and subject the license holder to a licensing action under sections 245A.06 and 245A.07. Subd. 4. Termination of a variance. The commissioner may terminate a variance for a disqualified individual at any time for cause. Subd. 5. Final decision. The commissioner’s decision to grant or deny a variance is final and not subject to appeal under the provisions of chapter 14. 245C.301 NOTIFICATION OF SET-ASIDE OR VARIANCE. (a) Except as provided under paragraphs (b) and (c), if required by the commissioner, family child care providers and child care centers must provide a written notification to parents considering enrollment of a child or parents of a child attending the family child care or child care center if the program employs or has living in the home any individual who is the subject of either a set-aside or variance. (b) Notwithstanding paragraph (a), family child care license holders are not required to disclose that the program has an individual living in the home who is the subject of a set-aside or variance if: (1) the household member resides in the residence where the family child care is provided; (2) the subject of the set-aside or variance is under the age of 18 years; and (3) the set-aside or variance relates to a disqualification under section 245C.15, subdivision 4, for a misdemeanor-level theft crime as defined in section 609.52. (c) The notice specified in paragraph (a) is not required when the period of disqualification in section 245C.15, subdivisions 2 to 4, has been exceeded. 245C.31 INDIVIDUAL REGULATED BY A HEALTH-RELATED LICENSING BOARD; DISQUALIFICATION BASED ON MALTREATMENT. Subdivision 1. Board determines disciplinary or corrective action. (a) When the subject of a background study is regulated by a health-related licensing board as defined in chapter 214, and the commissioner determines that the regulated individual is responsible for substantiated maltreatment under section 626.556 or 626.557, instead of the commissioner making a decision regarding disqualification, the board shall make a determination whether to impose disciplinary or corrective action under chapter 214. (b) This section does not apply to a background study of an individual regulated by a health-related licensing board if the individual’s study is related to child foster care, adult foster care, or family child care licensure. Subd. 2.Commissioner’s notice to board. (a) The commissioner shall notify the health-related licensing board:

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