Forward all fair hearing requests received by your agency to the Department of Human Services (DHS) Appeals Division. The Appeals Division will decide if an issue is appealable and convene a hearing, if necessary.

Families

Families may appeal an action taken against them by the CCAP agency that adversely affects their child care assistance.

Commonly appealed actions by families include:

· Denial of child care assistance application.

· Suspension, reduction, or termination of child care assistance.

· Denial of a good cause exemption.

· The CCAP agency not acting on an application within the timeliness standards in Chapter 3.7 (Processing Applications).

· The basis for an overpayment, calculated amount of an overpayment, and the level of recoupment or recovery. See Chapter 14.9.6 (Recoupment - Families) and Chapter 14.9.12 (Civil Recovery – Families).

Families do not have appeal rights for actions taken against a provider.

Providers

Child care providers may appeal specific child care assistance actions taken against them by a CCAP agency or the Department of Human Services.

Providers do not have appeal rights for actions taken against families.

Providers have different rights depending on the type of action taken and the reason for the action. See Chapter 15.6 (Family and provider appeal rights).

Denial or dismissal of a fair hearing

For fair hearings overseen by the DHS Appeals Division, a human services judge (HSJ) may deny or dismiss a family or a provider’s 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 Statutes 119B.16
Minnesota Statutes 119B.161
Minnesota Statutes 119B.162
Minnesota Statutes 245.095
Minnesota Statutes 245E.06, subd. 3
Minnesota Statutes 256.045
Minnesota Rules 3400.0230