Family appeal requests

A family must request an appeal in writing and must state what negative action(s) they are appealing. The request for an appeal must be signed by:

· The applicant.

OR

· The participant.

OR

· An attorney, advocate or authorized representative.

The family may request an appeal by completing the Appeal to State Agency (DHS-0033-ENG) (PDF) form or by writing a letter indicating disagreement with the CCAP agency's decision.

The family must request the appeal no more than:

· 30 days after getting a written notice of the proposed action.

OR

· 90 days after getting the written notice of proposed action, if able to show good cause for not making the request within the 30-day time limit.

The family can send the appeal request to their CCAP agency or directly to the DHS Appeals Division at:

Minnesota Department of Human Services

Appeals Division
P.O. Box 64941
St. Paul, MN 55164-0941

Fax: 651-431-7523

Refer all appeal requests to the DHS Appeals Division within 5 days of receiving the request. Do this regardless of when you receive the request and regardless of the appellant’s reason for making a late appeal request. The Appeals Division will convene a hearing and decide the issue of timeliness or good cause at that time.

In some situations, the family may have the option to continue receiving benefits during the appeal process. See Chapter 15.15 (Continuation of Benefits).

Follow the appeal process regardless of the possibility of fraud.

Provider due process requests

What due process rights a provider has and how the provider appeals differ depending on the action taken. See Chapter 15.6 (Family and Provider Appeal Rights) for information about the different types of provider due process rights and when they are used.

Requesting a fair hearing or appealing an administrative disqualification

A provider’s request for a fair hearing must:

· Be in writing.

· List each item from the adverse action notice the provider disagrees with, the reason(s) why the provider disagrees, and if applicable, the dollar value of each item the provider disagrees with.

· State the dollar amount the provider believes to be correct, if applicable.

· State the statute and/or rule references the provider believes supports their position.

· Include a name, address, and telephone number of a person at the provider’s business that can be contacted regarding the appeal.

The provider may request an appeal by completing the Child Care Assistance Program (CCAP) Provider Appeal to State Agency (DHS-8075) form or by writing a letter requesting an appeal that includes the required components.

The provider must send the appeal request directly to the DHS Appeals Division at:

Minnesota Department of Human Services

Appeals Division

P.O. Box 64941

St. Paul, MN 55164-0941

Fax: 651-431-7523

The provider’s appeal must be received by the Minnesota Department of Human Services, Appeals Division, within 30 days of the date the adverse action notice was mailed. All provider appeal requests must be received within the 30-day time frame in order to be considered timely. Good cause delays are not allowed for provider appeals.

If the provider submits their appeal to the CCAP agency, immediately forward the appeal directly to the DHS Appeals Division.

In some situations, the provider may have the option to continue receiving benefits during the fair hearing process. See Chapter 15.15 (Continuation of Benefits).

Follow the appeal process regardless of the possibility of fraud.

Requesting a contested case hearing

A provider’s request for a contested case hearing must:

· Be in writing

· Be received by DHS or DCYF within 30 days of the date the notice was mailed to the provider

· Include:

· Each item the provider disagrees with and the reason(s) the provider disagrees

· The statute and/or rule references the provider believes supports their position

· The name and address of a contact for the provider’s appeal

· Any other specific information required by DHS or DCYF.

Requesting an administrative review

A provider’s request for an administrative review must:

· Be in writing

· Include written argument and proof for consideration by DHS

· Be submitted to DHS or DCYF to the address listed on the notice.

Requesting administrative reconsideration

A provider’s request for administrative reconsideration must:

· Be submitted in writing to DHS or DCYF.

· Include arguments and proof as to why the provider thinks the department’s decision to suspend payment is wrong.

Requesting reconsideration for a child care assistance correction order

A child care provider’s request for reconsideration must: 

· Be made in writing. 

· Be postmarked and sent to DHS or DCYF or submitted​ in the provider hub within 30 calendar days from the date the correction order was mailed or issued through the hub. 

· State which parts of the correction order the provider thinks are wrong. 

· Explain why the provider thinks the correction order is wrong.  

· Send proof to support the provider’s position. 

NOTE: Once functionality to submit reconsideration requests in the provider hub is available, a provider must submit their request for reconsideration through the provider hub.  

Legal authority

Minnesota Statutes 142A.12
Minnesota Statutes 142A.20
Minnesota Statutes 142E.18
Minnesota Statutes 142E.19
Minnesota Statutes 142E.20
Minnesota Statutes 142E.51, subd. 5
Minnesota Statutes 142E.55, subd. 2
Minnesota Statutes 245.095
Minnesota Statutes 256.045
Minnesota Rules 3400.0230