FAQs about licensing actions

A correction order is issued when a provider violates a licensing statute or rule. A correction order identifies the specific statute or rule violated, describes the conditions that violate the statute or rule, and gives the provider a specific deadline to correct the violation. (See Minnesota Statutes, section 245A.06, subd. 1.)

DHS issues a conditional license when licensing violations require action more serious than a correction order. A conditional license requires compliance with special terms for the provider to continue to operate. The conditional license outlines immediate and ongoing steps that a provider must take to comply with licensing requirements. (See Minnesota Statutes, section 245A.06, subd. 1.)

DHS, county, or private agency licensors monitor the provider more closely. This may include additional announced or unannounced visits. Licensors also provide assistance to help the provider come back into compliance.

To continue to operate, a license holder must comply with all terms in the conditional license. If terms are not followed, DHS can take further licensing actions. (See Minnesota Statutes, section 245A.06, subd. 3.)

DHS issues a TIS when there is imminent risk of harm to the health, safety, or rights of people the provider serves. A TIS requires the provider to immediately stop operating. (See Minnesota Statutes, section 245.A.07, subd. 2).

A TIS remains in effect until a final licensing action is determined. The license holder may appeal the order. (See Minnesota Statutes, section 245A.07, subd. 2 and subd. 2a.)

DHS can assess fines when a provider is found responsible for maltreatment, or violates statutes or rules. Fines for statute or rule violations are $100. Fines are $200 per violation if related to health, safety or supervision. Fines for maltreatment are $1,000 per finding or $5,000 if determined to be serious. (See Minnesota Statutes, section 245A.07, subd. 3.)

DHS can issue an indefinite suspension if a TIS has been issued and DHS needs more than 90 days to complete related licensing investigations, maltreatment investigations, or to review results of a criminal proceeding. An indefinite suspension will remain in place until DHS has the necessary information to issue a final licensing action.

Revocation means the license has been taken away due to serious or chronic licensing violations. DHS can revoke a license after considering the nature, severity, and chronicity of the violations and their effect on the health, safety, or rights of persons the provider serves.

Minnesota law does not allow DHS to re-license a provider for five years after the revocation is final. If the provider does not appeal, a revocation is final on the date it was issued. If the provider appeals and the appeal is unsuccessful, the revocation is final when DHS issues a final order.

DHS is responsible for investigating licensing violations and possible maltreatment at:

• Child care centers
• Adult day care centers
• Children’s residential facilities
• Residential and outpatient services for people with substance use disorders
• Mental health programs
• Licensed private agencies
• Home and community-based services for people who are age 65 or older or have disabilities

DHS conducts the maltreatment and licensing investigations in these facilities, in addition to investigating adult foster care and family adult day services programs.

County or private licensing agencies are responsible for monitoring licensing requirements and completing licensing reviews for:

• Family child care
• Child foster care
• Adult foster care
• Family adult day services

County child protection staff conduct the maltreatment investigations for family child care and child foster care programs. Law enforcement may also investigate serious allegations of maltreatment.

Under Minnesota law, all information related to the investigation is confidential. This means DHS or the county or private licensing agency cannot disclose any of the information related to the investigation until it is complete or as required by data privacy laws.

After DHS completes a maltreatment investigation, an investigative memorandum is issued and is available to the public on the DHS Licensing Information Lookup along with licensing actions.

A provider can challenge a correction order or conditional license by requesting reconsideration. Instructions about the reconsideration process are included in every order issued. The provider may submit written information to support the request. DHS reviews the information submitted from both the provider and licensor, and issues a written decision.

Providers can request a hearing to appeal a reconsideration decision, fine, license revocation, suspension, or temporary immediate suspension. A hearing will generally include information about any maltreatment determination or disqualification that resulted in the licensing action.

A provider can request an appeal to determine whether a TIS remains in place while DHS decides whether to issue additional licensing actions. Instructions about this process are included in the suspension order.

It depends on the licensing action:

• TIS:  The provider must immediately stop operating. Providers may not operate until a final sanction is determined or the TIS is lifted.
• Revocation:  The provider may appeal and continue to operate until DHS issues a final decision. DHS continues to monitor providers that operate while under appeal and may immediately suspend the license if a subsequent violation by the provider could negatively affect the health or safety of persons served.
• Conditional license:  The provider may appeal and may continue to operate during the appeal process.

If appealed, the fine is stayed until DHS issues a final decision. This means the fine does not need to be paid while the appeal is in process.