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Minnesota Department of Human Services Child Care Assistance Program (CCAP) Policy Manual
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15.3 Appealable Issues

ISSUE DATE: 04/2007

FAMILIES

Families may appeal any action by the county agency that adversely affects their child care assistance. Although some issues are not appealable, forward ALL appeal requests to the Department of Human Services (DHS) Appeals Office. The Appeals Office will decide if an issue is appealable and convene a hearing.

Commonly appealed actions include:

Denial of child care assistance application or provider.

Suspension, reduction, or termination of child care assistance.

Denial of a good cause exemption.

The county agency not acting on an application within the timeliness standards in Chapter 3.6 (Accepting and Processing Applications).

The basis for an overpayment, calculated amount of an overpayment, and the level of recoupment. See Chapter 14.9.6 (Recoupment - Families).

PROVIDERS

Child care providers who are charged with an overpayment, may appeal the amount and the assignment of the overpayment to the DHS Appeals Office. Providers who disagree with any other action taken, may appeal those actions to the district court.

FAMILIES AND PROVIDERS

The Appeals Office may deny or dismiss an appeal request if:

The appellant withdraws the appeal request.

The appeal request is not received within the timeliness standard outlined in Chapter 15.9 (Appeal Requests).

The family, provider, or representative fails to appear for a hearing and cannot show good cause for doing so.

DHS has no jurisdiction to hear the appeal.



LEGAL AUTHORITY

Minnesota Statues 119B.16
Minnesota Statutes 256.045
Minnesota Rules 3400.0230

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