Minnesota Statutes 256J.51 – Employment and Training Service Provider Appeal
Subdivision 1.Provider application.
An employment and training service provider that is not included in a county’s service agreement under section 256J.626, subdivision 4, because the county has demonstrated financial hardship under section 256J.50, subdivision 9, may appeal its exclusion to the commissioner of employment and economic development under this section.
Subd. 2.Appeal; alternate approval.
Terms Used In Minnesota Statutes 256J.51
- Agency: has the meaning given in section 256P. See Minnesota Statutes 256J.08
- Appeal: means a written statement from an applicant or participant who requests a hearing under section 256J. See Minnesota Statutes 256J.08
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Application: means the submission by or on behalf of a family to a county agency of a completed, signed, and dated form, prescribed by the commissioner, that indicates the desire to receive assistance. See Minnesota Statutes 256J.08
- Commissioner: means the commissioner of human services or the commissioner's designated representative. See Minnesota Statutes 256J.08
- County agency: means the agency designated by the county board to implement financial assistance for current programs and for MFIP and the agency responsible for enforcement of child support collection, and a county or multicounty agency that is authorized under sections 393. See Minnesota Statutes 256J.08
Terms Used In Minnesota Statutes 256J.51
- Agency: has the meaning given in section 256P. See Minnesota Statutes 256J.08
- Appeal: means a written statement from an applicant or participant who requests a hearing under section 256J. See Minnesota Statutes 256J.08
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Application: means the submission by or on behalf of a family to a county agency of a completed, signed, and dated form, prescribed by the commissioner, that indicates the desire to receive assistance. See Minnesota Statutes 256J.08
- Commissioner: means the commissioner of human services or the commissioner's designated representative. See Minnesota Statutes 256J.08
- County agency: means the agency designated by the county board to implement financial assistance for current programs and for MFIP and the agency responsible for enforcement of child support collection, and a county or multicounty agency that is authorized under sections 393. See Minnesota Statutes 256J.08
An employment and training service provider that is not included by a county agency in the service agreement under section 256J.626, subdivision 4, and that meets the criteria in paragraph (b), may appeal its exclusion to the commissioner of employment and economic development, and may request alternative approval by the commissioner of employment and economic development to provide services in the county.
Subd. 3.Commissioner’s review.
(a) The commissioner must act on a request for alternative approval under this section within 30 days of the receipt of the request. If after reviewing the provider’s request, and the county’s service agreement submitted under section 256J.626, subdivision 4, the commissioner determines that the provider meets the criteria under subdivision 2, paragraph (b), and that approval of the provider would not cause financial hardship to the county, the county must submit a revised service agreement under subdivision 4 that includes the approved provider.
(b) If the commissioner determines that the approval of the provider would cause financial hardship to the county, the commissioner must notify the provider and the county of this determination. The alternate approval process under this section shall be closed to other requests for alternate approval to provide employment and training services in the county for up to 12 months from the date that the commissioner makes a determination under this paragraph.
Subd. 4.Revised service agreement required.
The commissioner of employment and economic development must notify the county agency when the commissioner grants an alternative approval to an employment and training service provider under subdivision 2. Upon receipt of the notice, the county agency must submit a revised service agreement under section 256J.626, subdivision 4, that includes the approved provider. The county has 90 days from the receipt of the commissioner’s notice to submit the revised service agreement.
Subd. 5.Review not required.
Notwithstanding subdivision 3, once a county meets the requirements of section 256J.50, subdivision 8, the commissioner may, but is not required to, act on a request by an employment and training services provider for alternative approval in that county.