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Minnesota Department of Human Services Child Care Assistance Program (CCAP) Policy Manual
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15.6 Family and Provider Apeal Rights

ISSUE DATE: 04/2007

FAMILY

When an action affects families’ benefits, provide them with written information on:

The right to an informal conference with the county to attempt to resolve the dispute.

The right to appeal to the county agency or directly to the Department of Human Services (DHS) Appeals Office for a fair hearing.

How to file an appeal.

Also provide this information at the time of application.

People also receive information from the Appeals Office regarding:

The right to represent themselves at the hearing or to have another person represent them.

The right to examine documents and records in the case file. Do not release information classified as confidential.

The right to question or rebut any testimony or evidence given at the hearing.

The right to submit evidence at the hearing to establish facts and circumstances in the case.

PROVIDER

A child care provider who has been assigned with an overpayment has:

The right to an informal conference with the county to attempt to resolve the overpayment dispute.

AND

The right to a fair hearing to challenge the amount and the assignment of the overpayment.

JOINT HEARINGS

When a provider requests a fair hearing, the family in whose case the overpayment was created must be made a party to the fair hearing. All other issues raised by the family must be resolved in the same proceeding. When a family requests a fair hearing and claims that the county should have assigned responsibility for an overpayment to a provider, the provider must be made a party to the fair hearing. The Human Services judge assigned to a fair hearing may join a family or a provider as a party to the fair hearing whenever joining of that party is necessary to fully and fairly resolve overpayment issues raised in the appeal.



LEGAL AUTHORITY

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

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