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Child Care Assistance Program (CCAP) Policy Manual

Child Care Assistance Program (CCAP) Policy Manual


13.9.3 Administrative Disqualification-Provider

ISSUE DATE: 08/2025

An Administrative Disqualification is a formal determination that a provider committed an intentional program violation (IPV).

  • · Only state staff can pursue administrative disqualifications for child care providers, but the state may do so in collaboration with and/or at the recommendation of a CCAP agency.
  • · CCAP agencies handle provider disqualifications through the courts that are initiated by their County and Tribal Attorney, such as criminal prosecutions or disqualification consent agreements.

    • State staff initiate an Administrative Disqualification when criminal charges are not being pursed.

    An IPV involves any of the following actions by a provider, regardless of whether it could have resulted the provider getting additional CCAP benefits:

  • · Willful or intentional false or misleading statement.
  • · Misrepresentation, concealment or withholding of a fact; and/or
  • · Repeated and intentional violation of program regulations.

    • The legal standard of proof for an Administrative Disqualification for a CCAP provider is “preponderance of evidence.” Preponderance of evidence requires less evidence than “clear and convincing proof” or “proof beyond a reasonable doubt.” Legally, preponderance of evidence means that when the evidence is considered, it is more likely than not that fraud occurred.

    Note: The standard of proof for an ADH for a CCAP provider differs from the standard of proof for an ADH for a CCAP family. See Chapter 13.6.3 (Administrative Disqualification-Families).

    Referral of IPV

    IPVs must be resolved through either the criminal or Administrative Disqualification process, not both.

    Follow guidance in Chapter 13.3 (Fraud Referrals) for referring or notifying Office of Inspector General (OIG) Child Care Audits and Investigations Unit staff of any provider concerns, including situations when:

  • · Your County or Tribal Attorney criminally charges a provider and/or pursues a disqualification through a court proceeding or a disqualification consent agreement.
  • · Your agency recommends the OIG initiate an administrative disqualification.

    • Do not make concurrent referrals for prosecution and Administrative Disqualification. The practice of resolving an IPV first through the Administrative Disqualification process and then referring the same IPV for prosecution is prohibited.

    If a criminal case is dismissed in court, state staff may pursue an Administrative Disqualification because the burden of proof in establishing an IPV in an administrative action is the lower “preponderance of evidence” test as opposed to the “any reasonable doubt” standard required in a criminal prosecution.

    Administrative Disqualification process

    State staff initiate an administrative disqualification against a provider by issuing a Notice of Administrative Disqualification using a signature verified confirmed delivery method, such as certified mail.

    Providers have 30 days from when a notice is sent to appeal.

  • · If the provider fails to appeal within 30 days, the provider is disqualified, and the action is final. See Chapter 13.9 (Disqualification for Wrongfully Obtaining Assistance – Providers).
  • · If the provider appeals within 30 days, then a human services judge conducts an Administrative Disqualification Hearing (ADH). ADH procedures and requirements are the same as for administrative appeal hearings. See Chapter 15 (Appeals).

    • If the provider appeals, the appeal must be sent to the Appeals Division at DHS:

    Minnesota Department of Human Services

    Appeals Office

    PO Box 64941

    St Paul, MN 55164-0941

    Federal regulations require the State Appeals Office to give notice of an ADH hearing at least 30 days in advance.

    Within 90 days of the provider filing an appeal, the State Appeals Office must conduct the hearing, reach a decision, and notify the accused person and CCAP agency for the decision.

    Legal authority

    Minnesota Statutes 142A.20
    Minnesota Statutes 142A.25
    Minnesota Statutes 142E.18
    Minnesota Statutes 142E.51, subd. 5
    Minnesota Statutes 256.0451
    Minnesota Statutes 256.98
    Minnesota Rules 3400.0183
    Minnesota Rules 3400.0230

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