.................... moves to amend H.F. No. 1240 as follows:
Page 13, after line 11, insert:
"Sec. .... Minnesota Statutes 2012, section 245A.07, subdivision 2a, is amended to read:
Subd. 2a. Immediate suspension expedited hearing.
(a) Within five working days
of receipt of the license holder's timely appeal, the commissioner shall request assignment
of an administrative law judge. The request must include a proposed date, time, and place
of a hearing. A hearing must be conducted by an administrative law judge within 30
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. The commissioner shall
issue a notice of hearing by certified mail or personal service at least ten working days
before the hearing. The scope of the hearing shall be limited solely to the issue of whether
the temporary immediate suspension should remain in effect pending the commissioner's
final order under section
, regarding a licensing sanction issued under subdivision
3 following the immediate suspension. The burden of proof in expedited hearings under
this subdivision shall be limited to the commissioner's demonstration that reasonable
cause exists to believe that the license holder's actions or failure to comply with applicable
law or rule poses, or if the actions of other individuals or conditions in the program poses
an imminent risk of harm to the health, safety, or rights of persons served by the program.
"Reasonable cause" means there exist specific articulable facts or circumstances which
provide the commissioner with a reasonable suspicion that there is an imminent risk of
harm to the health, safety, or rights of persons served by the program.
(b) The administrative law judge shall issue findings of fact, conclusions, and a
recommendation within ten working days from the date of hearing. The parties shall
have ten calendar days to submit exceptions to the administrative law judge's report.
The record shall close at the end of the ten-day period for submission of exceptions.
The commissioner's final order shall be issued within ten working days from the close
of the record. When an appeal of a temporary immediate suspension is withdrawn or
2.1dismissed, the commissioner shall issue a final order affirming the temporary immediate
2.2suspension within ten calendar days of the commissioner's receipt of the withdrawal or
Within 90 calendar days after a final order affirming an immediate suspension,
the commissioner shall make a determination regarding whether a final licensing sanction
shall be issued under subdivision 3. The license holder shall continue to be prohibited
from operation of the program during this 90-day period.
(c) When the final order under paragraph (b) affirms an immediate suspension, and a
final licensing sanction is issued under subdivision 3 and the license holder appeals that
sanction, the license holder continues to be prohibited from operation of the program
pending a final commissioner's order under section
245A.08, subdivision 5
, regarding the
final licensing sanction."
Renumber the sections in sequence and correct the internal references
Amend the title accordingly