Minnesota § 256.046 ADMINISTRATIVE FRAUD DISQUALIFICATION HEARINGS

Minnesota Statutes

§ 256.046 — ADMINISTRATIVE FRAUD DISQUALIFICATION HEARINGS

Minnesota § 256.046

PartPUBLIC WELFARE AND RELATED ACTIVITIES

Ch. 256HUMAN SERVICES

This text of Minnesota § 256.046 (ADMINISTRATIVE FRAUD DISQUALIFICATION HEARINGS) is published on Counsel Stack Legal Research, covering Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Minn. Stat. § 256.046 (2026).

Text

Subdivision 1.Hearing authority.
A local agency must initiate an administrative fraud disqualification hearing for individuals accused of wrongfully obtaining assistance or intentional program violations, in lieu of a criminal action when it has not been pursued, in general assistance, family general assistance program formerly codified in section256D.05, subdivision 1, clause (15), Minnesota supplemental aid, MinnesotaCare for adults without children, and upon federal approval, all categories of medical assistance and remaining categories of MinnesotaCare except for children through age 18. The Department of Human Services, in lieu of a local agency, may initiate an administrative fraud disqualification hearing when the state agency is directly responsible for administration or investiga

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Subdivision 1.Hearing authority.
A local agency must initiate an administrative fraud disqualification hearing for individuals accused of wrongfully obtaining assistance or intentional program violations, in lieu of a criminal action when it has not been pursued, in general assistance, family general assistance program formerly codified in section256D.05, subdivision 1, clause (15), Minnesota supplemental aid, MinnesotaCare for adults without children, and upon federal approval, all categories of medical assistance and remaining categories of MinnesotaCare except for children through age 18. The Department of Human Services, in lieu of a local agency, may initiate an administrative fraud disqualification hearing when the state agency is directly responsible for administration or investigation of the program for which benefits were wrongfully obtained. The hearing is subject to the requirements of sections256.045and256.0451and the requirements in Code of Federal Regulations, title 7, section273.16.
[See Note.]

Subd. 2.Combined hearing.
The human services judge may combine a fair hearing under section142A.20or256.045and administrative fraud disqualification hearing under this section or section142A.27into a single hearing if the factual issues arise out of the same, or related, circumstances and the individual receives prior notice that the hearings will be combined. If the administrative fraud disqualification hearing and fair hearing are combined, the time frames for administrative fraud disqualification hearings specified in Code of Federal Regulations, title 7, section273.16, apply. If the individual accused of wrongfully obtaining assistance is charged under section256.98for the same act or acts which are the subject of the hearing, the individual may request that the hearing be delayed until the criminal charge is decided by the court or withdrawn.

Subd. 3.
[Renumbered142E.51, subd 5]

Legislative History

1992 c 513 art 8 s 10;1997 c 85 art 4 s 12; art 5 s 6;1Sp1997 c 5 s 13;1999 c 159 s 40;1999 c 205 art 1 s 52;1Sp2003 c 14 art 9 s 31; art 12 s 3;2004 c 288 art 4 s 25;1Sp2005 c 4 art 8 s 10;2008 c 286 art 1 s 2;2010 c 301 art 1 s 1;2013 c 107 art 1 s 9;2016 c 158 art 2 s 63;1Sp2019 c 9 art 1 s 42; art 2 s 106,107;2023 c 70 art 10 s 15; art 13 s 23;2024 c 80 art 1 s 74,75;2024 c 115 art 16 s 24; art 18 s 12