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Minnesota Department of Human Services Child Care Assistance Program (CCAP) Policy Manual
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15.12 Appeal Hearing Process

ISSUE DATE: 09/2010

Send the written request for an appeal, using Appeal to State Agency (DHS-0033-ENG PDF), to the appeals office within 5 working days of receiving the appeal request.

Send the appeal summary, using State Agency Appeals Summary (DHS-0035-ENG PDF), to the appellant and the appeals office at least 3 working days before the date of the hearing.

Before the hearing, offer the appellant an agency conference to resolve the appealed issue informally. The conference must include a supervisor or the agency director. If the conference resolves the issue, ask the appellant to sign a written request to withdraw the appeal. Do not delay sending the appeal request to the Appeals Office pending an informal conference.

To allow for proper notification, the Appeals Office normally holds hearings at least 5 days after it receives the appeal notice. Hearings can be held sooner if the appellant and Human Services judge consent. The Human Services judge may conduct a hearing face to face, or by telephone if the appellant agrees. County agencies must have equipment necessary to conduct telephone hearings (such as a telephone speaker attachment).

Summarize the issues (including timeliness) and county actions leading to the appeal on the State Agency Appeal Summary form (DHS-0035-ENG PDF). Provide copies to the appellant and to the Human Services judge. The appellant may give additional evidence at the hearing. Evidence given at the hearing is the basis for the Human Services judge's recommendation and is the Department of Human Services (DHS) designee's decision.

The Human Services judge recommends an order to the DHS designee, who then issues an order affirming, reversing, or modifying the action of the county agency. If the DHS designee disagrees with the Human Services judge's recommendation, each party has 10 days to present additional written arguments. The DHS designee then issues a decision.

The appellant or the county agency may ask the DHS designee to reconsider within 30 days after the date the DHS designee issues the order. A request to reconsider should state the reason(s) the dissatisfied party believes the original order is incorrect. The DHS designee may reconsider an order upon request of either party or on the DHS designee's own motion, and will then issue an amended order or an order affirming the original order. The original order takes effect even if there is a request to reconsider.

The appellant or the county agency may also appeal to district court within 30 days after the date the DHS designee issues, amends, or affirms an order. Either party may also appeal to district court to enforce an appeal decision.



LEGAL AUTHORITY

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

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