When the commissioner notifies a program or an instructor of
a license revocation, suspension, or refusal to renew, or when the commissioner
notifies a program of withdrawal of the program's approval, the affected
program or instructor may request a review or hearing on the action in
accordance with this part.
A. A
license revocation, suspension, or refusal to renew or the withdrawal of
approval is not effective until the time for requesting a review or hearing has
lapsed or, if a review or hearing is requested, until completion of these
proceedings.
B. The notice of
revocation, suspension, or refusal to renew or the approval withdrawal is
adjudged received three days after mailing to the last known address of the
program or instructor as listed in the records of the commissioner.
C. The program or instructor may ask the
commissioner to review the revocation, suspension, refusal, or withdrawal.
(1) The program or instructor may request a
review by submitting a statement, together with written materials supporting
the position of the program or instructor.
(2) In addition to submitting written
materials, the program or instructor may request to appear before the
commissioner to show cause why the revocation, suspension, refusal, or
withdrawal should be rescinded.
(3)
The request for review must be submitted within ten days after the program or
instructor receives notice of the revocation, suspension, refusal, or
withdrawal.
(4) The commissioner
shall perform the review and notify the program or instructor within ten days
after the review whether the revocation, suspension, refusal, or withdrawal
will be affirmed or rescinded.
D. The program or instructor may request a
contested case hearing under Minnesota Statutes, chapter 14, only after
undergoing the review process in item C.
(1)
The request must be in writing and must be received within 30 days after the
program or instructor receives notice of the revocation, suspension, refusal,
or withdrawal or within ten days after the party receives notice of an adverse
determination under item C, whichever period is longer.
(2) When a contested case hearing is
requested, the commissioner shall arrange a contested case hearing before an
administrative law judge under Minnesota Statutes, chapter 14. After the
hearing, the administrative law judge may recommend that the commissioner
affirm, modify, or reverse the revocation, suspension, refusal, or
withdrawal.
