agency-139•Minnesota Rules — Employment and Economic Development Department
Minnesota Rules — Employment and Economic Development Department
agency-139Minn. R. (Employment and Economic Development Department)Regulation
Chapter 3300 TRAINING; COMMUNITY SUPPORT SERVICES
Minn. R. 3300.0050 [Repealed, L 2004 c 206 s 53]
[Repealed, L 2004 c 206 s 53]
Minn. R. 3300.0100 MR 1999 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
MR 1999 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
Minn. R. 3300.0200 MR 1999 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
MR 1999 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
Minn. R. 3300.0300 MR 1999 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
MR 1999 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
Minn. R. 3300.0400 MR 1999 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
MR 1999 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
Minn. R. 3300.0500 Operation Procedures
Subpart 1. Regular program.
Youths who are at least 14 years of age but less than 22 years of age at the time of application are eligible for program participation. Ninety percent of the youths hired must be from families which meet the definition for economically disadvantaged under the federal Job Training Partnership Act. Hereinafter, this portion of the program is referred to as the "regular program."
Subp. 2.
[Repealed, 13 SR 932]
Subp. 2a. Transitional services.
Contractors may provide or arrange for transitional services to help eligible youth complete school, upgrade basic skills, and prepare for additional schooling or permanent employment.
Subp. 3. Eligible youth.
Recruitment of eligible youths shall be a cooperative effort between the department and the local contractors selected to deliver the program.
Subp. 4. Minimum wage.
Eligible youths not designated as shall be paid the federal or state minimum wage for a period not to exceed 40 hours per calendar week and for not more than 480 hours per calendar year.
Subp. 5. Supervisors.
A contractor may designate eligible youth as supervisors for youths in its employ under the act. Youths designated as supervisors shall be paid the federal or state minimum wage plus a rate per hour to be established by the local contractor.
Subp. 6. Employment of eligible youth.
Contractors may begin employing eligible youths upon signing the contract. Contractors have the option to employ youth during the nonsummer months with the approval of the department.
History
- Statutory Authority: MS s 268.021; 268.0122; 268.33
- History: 9 SR 2526; 11 SR 2077; 13 SR 932; 15 SR 618; 16 SR 1996
Minn. R. 3300.0600 [Repealed, 9 SR 2526]
[Repealed, 9 SR 2526]
Minn. R. 3300.0601 MR 1999 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
MR 1999 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
Minn. R. 3300.0700 MR 1999 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
MR 1999 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
Minn. R. 3300.0800 [Repealed, L 2014 c 254 s 26]
[Repealed, L 2014 c 254 s 26]
Minn. R. 3300.0900 [Repealed, L 2014 c 254 s 26]
[Repealed, L 2014 c 254 s 26]
Minn. R. 3300.1000 Repealed by subpart
Subpart 1.
[Repealed, L 2014 c 254 s 26]
Subp. 2.
[Repealed, L 2014 c 254 s 26]
Subp. 3.
[Repealed, L 2014 c 254 s 26]
Subp. 4.
[Repealed, L 2014 c 254 s 26]
Subp. 5.
[Repealed, L 2014 c 254 s 26]
Subp. 6.
[Repealed, L 2014 c 254 s 26]
Subp. 7.
[Repealed, L 2014 c 254 s 26]
Subp. 8.
[Repealed, L 2014 c 254 s 26]
Subp. 9.
[Repealed, L 2014 c 254 s 26]
Subp. 10.
[Repealed, L 2014 c 254 s 26]
Subp. 11.
[Repealed, L 2014 c 254 s 26]
Subp. 12.
[Repealed, L 2014 c 254 s 26]
Subp. 13.
[Repealed, L 2014 c 254 s 26]
Subp. 14.
[Repealed, L 2014 c 254 s 26]
Subp. 15.
[Repealed, L 2014 c 254 s 26]
Subp. 16.
[Renumbered subp 25a]
Subp. 17.
[Repealed, L 2014 c 254 s 26]
Subp. 18.
[Repealed, L 2014 c 254 s 26]
Subp. 19.
[Repealed, L 2014 c 254 s 26]
Subp. 20.
[Repealed, L 2014 c 254 s 26]
Subp. 21.
[Repealed, L 2014 c 254 s 26]
Subp. 22.
[Repealed, L 2014 c 254 s 26]
Subp. 23.
[Repealed, L 2014 c 254 s 26]
Subp. 24.
[Repealed, L 2014 c 254 s 26]
Subp. 25.
[Repealed, L 2014 c 254 s 26]
Subp. 25a.
[Repealed, L 2014 c 254 s 26]
Subp. 26.
[Repealed, L 2014 c 254 s 26]
Subp. 27.
[Repealed, L 2014 c 254 s 26]
Subp. 28.
[Repealed, L 2014 c 254 s 26]
Subp. 29.
[Repealed, L 2014 c 254 s 26]
Subp. 30.
[Repealed, L 2014 c 254 s 26]
Subp. 31.
[Repealed, L 2014 c 254 s 26]
Subp. 32.
[Repealed, L 2014 c 254 s 26]
Subp. 33.
[Repealed, L 2014 c 254 s 26]
Subp. 34.
[Repealed, L 2014 c 254 s 26]
Subp. 35.
[Repealed, L 2014 c 254 s 26]
Subp. 36.
[Repealed, L 2014 c 254 s 26]
Minn. R. 3300.1100 [Repealed, L 2014 c 254 s 26]
[Repealed, L 2014 c 254 s 26]
Minn. R. 3300.1200 [Repealed, L 2014 c 254 s 26]
[Repealed, L 2014 c 254 s 26]
Minn. R. 3300.1300 [Repealed, L 2014 c 254 s 26]
[Repealed, L 2014 c 254 s 26]
Minn. R. 3300.1400 [Repealed, L 2014 c 254 s 26]
[Repealed, L 2014 c 254 s 26]
Minn. R. 3300.1500 [Repealed, L 2014 c 254 s 26]
[Repealed, L 2014 c 254 s 26]
Minn. R. 3300.1600 [Repealed, L 2014 c 254 s 26]
[Repealed, L 2014 c 254 s 26]
Minn. R. 3300.1700 [Repealed, L 2014 c 254 s 26]
[Repealed, L 2014 c 254 s 26]
Minn. R. 3300.1800 [Repealed, L 2014 c 254 s 26]
[Repealed, L 2014 c 254 s 26]
Minn. R. 3300.1900 [Repealed, L 2014 c 254 s 26]
[Repealed, L 2014 c 254 s 26]
Minn. R. 3300.1950 [Repealed, 22 SR 2294]
[Repealed, 22 SR 2294]
Minn. R. 3300.2000 [Repealed, 11 SR 394]
[Repealed, 11 SR 394]
Minn. R. 3300.2005 [Repealed, 43 SR 993]
[Repealed, 43 SR 993]
Minn. R. 3300.2010 [Repealed, 43 SR 993]
[Repealed, 43 SR 993]
Minn. R. 3300.2015 [Repealed, 43 SR 993]
[Repealed, 43 SR 993]
Minn. R. 3300.2020 [Repealed, 43 SR 993]
[Repealed, 43 SR 993]
Minn. R. 3300.2025 [Repealed, 43 SR 993]
[Repealed, 43 SR 993]
Minn. R. 3300.2030 [Repealed, 43 SR 993]
[Repealed, 43 SR 993]
Minn. R. 3300.2035 [Repealed, 43 SR 993]
[Repealed, 43 SR 993]
Minn. R. 3300.2040 [Repealed, 43 SR 993]
[Repealed, 43 SR 993]
Minn. R. 3300.2045 [Repealed, 43 SR 993]
[Repealed, 43 SR 993]
Minn. R. 3300.2050 Repealed by subpart
Subpart 1.
[Repealed, 22 SR 2294]
Subp. 2.
[Repealed, 22 SR 2294]
Subp. 3.
[Repealed, 19 SR 639]
Subp. 4.
[Repealed, 22 SR 2294]
Subp. 5.
[Repealed, 22 SR 2294]
Subp. 6.
[Repealed, 22 SR 2294]
Subp. 7.
[Repealed, 22 SR 2294]
Subp. 8.
[Repealed, 22 SR 2294]
Subp. 9.
[Repealed, 22 SR 2294]
Subp. 10.
[Repealed, 22 SR 2294]
Subp. 11.
[Repealed, 22 SR 2294]
Subp. 12.
[Repealed, 22 SR 2294]
Subp. 13.
[Repealed, 22 SR 2294]
Subp. 14.
[Repealed, 22 SR 2294]
Subp. 15.
[Repealed, 22 SR 2294]
Subp. 16.
[Repealed, 22 SR 2294]
Subp. 17.
[Repealed, 12 SR 2783]
Subp. 18.
[Repealed, 22 SR 2294]
Subp. 19.
[Repealed, 19 SR 639]
Subp. 20.
[Repealed, 22 SR 2294]
Subp. 21.
[Repealed, 22 SR 2294]
Subp. 22.
[Repealed, 19 SR 639]
Subp. 22a.
[Repealed, 19 SR 639]
Subp. 23.
[Repealed, 22 SR 2294]
Subp. 24.
[Repealed, 22 SR 2294]
Subp. 25.
[Repealed, 22 SR 2294]
Subp. 26.
[Repealed, 22 SR 2294]
Subp. 27.
[Repealed, 22 SR 2294]
Subp. 28.
[Repealed, 22 SR 2294]
Subp. 28a.
[Repealed, 22 SR 2294]
Subp. 28b.
[Repealed, 22 SR 2294]
Subp. 29.
[Repealed, 22 SR 2294]
Subp. 30.
[Repealed, 22 SR 2294]
Subp. 31.
[Repealed, 12 SR 2783]
Subp. 31a.
[Repealed, 22 SR 2294]
Subp. 32.
[Repealed, 12 SR 2783]
Subp. 33.
[Repealed, 22 SR 2294]
Subp. 34.
[Repealed, 19 SR 639]
Subp. 35.
[Repealed, 22 SR 2294]
Subp. 36.
[Repealed, 22 SR 2294]
Minn. R. 3300.2052 [Repealed, 43 SR 993]
[Repealed, 43 SR 993]
Minn. R. 3300.2055 [Repealed, 43 SR 993]
[Repealed, 43 SR 993]
Minn. R. 3300.2100 [Repealed, 11 SR 394]
[Repealed, 11 SR 394]
Minn. R. 3300.2150 [Repealed, 22 SR 2294]
[Repealed, 22 SR 2294]
Minn. R. 3300.2200 [Repealed, 11 SR 394]
[Repealed, 11 SR 394]
Minn. R. 3300.2250 Repealed by subpart
Subpart 1.
[Repealed, 22 SR 2294]
Subp. 2.
[Repealed, 22 SR 2294]
Subp. 3.
[Repealed, 22 SR 2294]
Subp. 4.
[Repealed, 19 SR 639]
Subp. 5.
[Repealed, 22 SR 2294]
Subp. 6.
[Repealed, 22 SR 2294]
Subp. 7.
[Repealed, 22 SR 2294]
Minn. R. 3300.2300 [Repealed, 11 SR 394]
[Repealed, 11 SR 394]
Minn. R. 3300.2350 Repealed by subpart
Subpart 1.
[Repealed, 22 SR 2294]
Subp. 2.
[Repealed, 22 SR 2294]
Subp. 3.
[Repealed, 22 SR 2294]
Subp. 4.
[Repealed, 19 SR 639]
Subp. 5.
[Repealed, 22 SR 2294]
Subp. 6.
[Repealed, 22 SR 2294]
Minn. R. 3300.2400 [Repealed, 11 SR 394]
[Repealed, 11 SR 394]
Minn. R. 3300.2450 Repealed by subpart
Subpart 1.
[Repealed, 19 SR 639]
Subp. 2.
[Repealed, 22 SR 2294]
Subp. 3.
[Repealed, 22 SR 2294]
Minn. R. 3300.2500 [Repealed, 11 SR 394]
[Repealed, 11 SR 394]
Minn. R. 3300.2550 Repealed by subpart
Subpart 1.
[Repealed, 22 SR 2294]
Subp. 2.
[Repealed, 22 SR 2294]
Subp. 3.
[Repealed, 22 SR 2294]
Subp. 4.
[Repealed, 22 SR 2294]
Subp. 5.
[Repealed, 19 SR 639]
Subp. 6.
[Repealed, 22 SR 2294]
Subp. 7.
[Repealed, 22 SR 2294]
Minn. R. 3300.2600 [Repealed, 11 SR 394]
[Repealed, 11 SR 394]
Minn. R. 3300.2650 [Repealed, 22 SR 2294]
[Repealed, 22 SR 2294]
Minn. R. 3300.2700 [Repealed, 11 SR 394]
[Repealed, 11 SR 394]
Minn. R. 3300.2750 [Repealed, 22 SR 2294]
[Repealed, 22 SR 2294]
Minn. R. 3300.2800 [Repealed, 11 SR 394]
[Repealed, 11 SR 394]
Minn. R. 3300.2850 [Repealed, 22 SR 2294]
[Repealed, 22 SR 2294]
Minn. R. 3300.2900 [Repealed, 11 SR 394]
[Repealed, 11 SR 394]
Minn. R. 3300.2950 [Repealed, 22 SR 2294]
[Repealed, 22 SR 2294]
Minn. R. 3300.3000 [Repealed, 11 SR 394]
[Repealed, 11 SR 394]
Minn. R. 3300.3050 [Repealed, 22 SR 2294]
[Repealed, 22 SR 2294]
Minn. R. 3300.3100 MR 1985 [Repealed, 11 SR 394]
MR 1985 [Repealed, 11 SR 394]
History
- Statutory Authority: MS s 129A.10; 268A.11
- History: 11 SR 634
Minn. R. 3300.3150 Definitions
Subpart 1. Scope.
When used in parts 3300.3100 to 3300.3270, the terms defined in this part have the meanings given them.
Subp. 2. Center for independent living.
"Center for independent living" means a private nonprofit organization incorporated under Minnesota law and operated for the purpose of providing independent living services to persons with disabilities. The board of directors for the center for independent living is composed of community representatives, 51 percent of which must be individuals who are either severely disabled themselves or spouses or parents of persons with severe disabilities.
Subp. 3. Commissioner.
"Commissioner" means the commissioner of the Minnesota Department of Employment and Economic Development.
Subp. 4. Eligible applicant organization.
"Eligible applicant organization" means any private nonprofit organization that is incorporated or has applied for incorporation under Minnesota Statutes, chapter 317A, which meets or intends to meet the purpose and board member criteria in subpart 2.
Subp. 5. Independent living.
"Independent living" means the capacity of a person with a disability to manage the person's affairs, participate in day-to-day life in the community, and to fulfill a variety of social roles with as much personal control as possible.
Subp. 6. Person with a disability.
"Person with a disability" means an individual who has a physical, mental, or psychological impairment or dysfunction that limits independent functioning in the family, community, or employment.
History
- Statutory Authority: MS s 129A.10; 268A.11
- History: 11 SR 634; L 1989 c 304 s 137; L 1994 c 483 s 1; L 2005 c 112 art 2 s 41
Minn. R. 3300.3200 MR 1985 [Repealed, 11 SR 394]
MR 1985 [Repealed, 11 SR 394]
History
- Statutory Authority: MS s 129A.10; 268A.11
- History: 11 SR 634; L 1989 c 304 s 137
Minn. R. 3300.3210 [Renumbered 3300.0050]
[Renumbered 3300.0050]
Minn. R. 3300.3250 Certification Procedure
Subpart 1. Eligible applicant organization.
An application for certification as a center for independent living may be submitted at times the commissioner specifies by an eligible applicant organization as defined in part 3300.3150, subpart 4.
Subp. 2. Application forms.
All applications for certification must be made on official application forms available from the Division of Rehabilitation Services in the Minnesota Department of Employment and Economic Development.
Subp. 3. Reports, plans, and budgets.
When applying for certification, eligible applicant organizations must submit expenditure reports and proposed plans and budgets as required in Minnesota Statutes, section 268A.11, subdivision 4.
Subp. 4. Time limitation.
A center for independent living certificate may not be issued for more than three years but a center for independent living may be issued a new certificate if the center complies with the certification requirement of part 3300.3200, subpart 2.
History
- Statutory Authority: MS s 129A.10; 268A.11
- History: 11 SR 634; L 1994 c 483 s 1; L 2005 c 112 art 2 s 41
Minn. R. 3300.3260 Termination of Certification and Preliminary Notice
Subpart 1. Certification termination.
Certification of a center for independent living will be terminated when:
A. a center for independent living is not being administered in accordance with an approved annual plan and budget as required in Minnesota Statutes, section 268A.11, subdivision 4;
B. a center for independent living is not meeting all of the requirements of part 3300.3200; or
C. a center for independent living is not being administered in accordance with parts 3300.3100 to 3300.3270.
Subp. 2. Preliminary determination.
In situations governed by subpart 1, the commissioner must give written notice at least 45 days before terminating the certification of a center for independent living, except where there is imminent danger to the health or safety of consumers. The preliminary notice must state the grounds for the termination and must allow a reasonable time to remedy the noncompliance. The preliminary notice of termination of certification creates the right of appeal as provided in part 3300.3270.
Subp. 3. Withdrawal of state funds.
Allocated state funds will be withdrawn from a center for independent living whose certification is terminated.
History
- Statutory Authority: MS s 129A.10; 268A.11
- History: 11 SR 634
Minn. R. 3300.3270 Appeal
Subpart 1. Scope.
A center for independent living operating under a valid certificate has the right to appeal the commissioner's termination of its certification under part 3300.3260, subpart 1.
Subp. 2. Notice of intent to appeal.
The center for independent living may appeal a preliminary determination concerning termination of certification as provided in part 3300.3260, subpart 2. The appeal must be in writing to the Division of Rehabilitation Services in the Minnesota Department of Employment and Economic Development. The written notice of intent to appeal must be received by the Division of Rehabilitation Services within 30 calendar days from the date that a preliminary notice of termination is sent. If the notice of intent to appeal is not received within the 30-day period, the preliminary determination of the Division of Rehabilitation Services is final. The notice of intent to appeal must state the grounds for the appeal including relevant facts and issues that could be addressed at a contested case hearing.
Subp. 3. Informal contact.
A representative of the commissioner will contact the appellant and discuss the grounds for the appeal no more than 15 days after the Division of Rehabilitation Services receives a notice of intent to appeal. The contact by the commissioner's representative must be reduced to writing, must contain a summary of the nature and basis of the decision, and must describe the appellant's appeal rights under subpart 4.
Subp. 4. Contested case appeal.
If an appellant has first informally discussed the appeal as provided in subpart 3 and has not been completely satisfied, the appellant may request in writing a contested case hearing before an administrative law judge as provided in Minnesota Statutes, sections 14.57 to 14.62. The contested case hearing must be initiated and conducted according to parts 1400.5100 to 1400.8401.
Subp. 5. Proposal for decision.
When an initial decision is rendered, the administrative law judge will prepare a proposal for decision that will be recommended for the commissioner's adoption.
Subp. 6. Decision and order.
The commissioner must notify the appellant of a final decision as provided in Minnesota Statutes, section 14.62.
Subp. 7. Legal representation.
A party may be represented by legal counsel at any step of the appeals process.
History
- Statutory Authority: MS s 129A.10; 268A.11
- History: 11 SR 634; L 1994 c 483 s 1; L 2005 c 112 art 2 s 41
Minn. R. 3300.3300 Opportunities Industrialization Centers; Job Training
Subpart 1. Purpose.
The purpose of this part is to define "economically disadvantaged" for the purpose of job training and related services through opportunities industrialization centers according to Minnesota Statutes, section 116L.61.
Subp. 2. Economically disadvantaged, defined.
The term "economically disadvantaged" means an individual who:
A. receives, or is a member of a family which receives, cash welfare payments under a federal, state, or local welfare program;
B. has, or is a member of a family which has, received a total family income for the six-month period prior to application for the program involved (exclusive of unemployment compensation, child support payments, and welfare payments) which, in relation to family size, was not in excess of the higher of the poverty level determined in accordance with criteria established by the director of the Office of Management and Budget, or 70 percent of the lower living standard income level;
C. is receiving SNAP pursuant to the Food and Nutrition Act;
D. is a foster child on behalf of whom state or local government payments are made; or
E. in cases permitted by regulation of the Secretary of the Department of Labor, is an adult with a disability whose own income meets the requirements of item A or B, but who is a member of a family whose income does not meet those requirements.
History
- Statutory Authority: MS s 116L.61; 268.61
- History: 9 SR 424; L 2004 c 206 s 52; L 2005 c 56 s 2; L 2019 1Sp9 art 1 s 42
Minn. R. 3300.4010 [Repealed, L 1985 1Sp14 art 9 s 78]
[Repealed, L 1985 1Sp14 art 9 s 78]
Minn. R. 3300.4020 [Repealed, L 1985 1Sp14 art 9 s 78]
[Repealed, L 1985 1Sp14 art 9 s 78]
Minn. R. 3300.4030 [Repealed, L 1985 1Sp14 art 9 s 78]
[Repealed, L 1985 1Sp14 art 9 s 78]
Minn. R. 3300.4040 [Repealed, L 1985 1Sp14 art 9 s 78]
[Repealed, L 1985 1Sp14 art 9 s 78]
Minn. R. 3300.4050 [Repealed, L 1985 1Sp14 art 9 s 78]
[Repealed, L 1985 1Sp14 art 9 s 78]
Minn. R. 3300.4060 [Repealed, L 1985 1Sp14 art 9 s 78]
[Repealed, L 1985 1Sp14 art 9 s 78]
Minn. R. 3300.4065 [Repealed, L 1985 1Sp14 art 9 s 78]
[Repealed, L 1985 1Sp14 art 9 s 78]
Minn. R. 3300.4070 [Repealed, L 1985 1Sp14 art 9 s 78]
[Repealed, L 1985 1Sp14 art 9 s 78]
Minn. R. 3300.4080 [Repealed, L 1985 1Sp14 art 9 s 78]
[Repealed, L 1985 1Sp14 art 9 s 78]
Minn. R. 3300.4090 [Repealed, L 1985 1Sp14 art 9 s 78]
[Repealed, L 1985 1Sp14 art 9 s 78]
Minn. R. 3300.4100 [Repealed, L 1985 1Sp14 art 9 s 78]
[Repealed, L 1985 1Sp14 art 9 s 78]
Minn. R. 3300.4110 [Repealed, L 1985 1Sp14 art 9 s 78]
[Repealed, L 1985 1Sp14 art 9 s 78]
Minn. R. 3300.5000 Purpose and Scope
Subpart 1. Purpose.
The purpose of parts 3300.5000 to 3300.5060 is to establish procedures and standards for the provision of vocational rehabilitation services to persons with disabilities in Minnesota.
Subp. 2. Scope.
Parts 3300.5000 to 3300.5060 apply to the agency, vendors of services under agreement with the agency, and all persons applying for or receiving vocational rehabilitation services from the agency. Parts 3300.5000 to 3300.5060 do not require expenditures for a person if funds are not available to the agency from federal and state appropriations for the provision of vocational rehabilitation services.
Subp. 3. Exclusion.
Parts 3300.5000 to 3300.5060 do not apply to the provision of vocational rehabilitation services by State Services for the Blind under parts 3325.0100 to 3325.0478.
History
- Statutory Authority: MS s 116J.035; 268.021; 268A.03
- History: 18 SR 2248; 30 SR 1129
Minn. R. 3300.5010 Definitions
Subpart 1. Scope.
As used in parts 3300.5000 to 3300.5060, the following terms have the meanings given them.
Subp. 1a. Agency.
"Agency" means the vocational rehabilitation program in the Department of Employment and Economic Development.
Subp. 2. Applicant.
"Applicant" means a person who has submitted an application for vocational rehabilitation services to the agency, or whose parent, guardian, or legal representative has submitted an application.
Subp. 3. Assessment for determining eligibility and vocational rehabilitation needs.
"Assessment for determining eligibility and vocational rehabilitation needs" has the meaning given to the term "assessment for determining eligibility and vocational rehabilitation needs" by Code of Federal Regulations, title 34, section 361.5, paragraph (b)(6), as amended.
Subp. 3a. Auxiliary aids and services for effective communication.
"Auxiliary aids and services for effective communication" has the meaning given auxiliary aids and services in Code of Federal Regulations, title 28, sections 35.104 and 36.303, paragraph (b).
Subp. 4. Books and supplies for postsecondary training.
"Books and supplies for postsecondary training" means textbooks, paper, pencils, pens, small calculators, and similar items that all students are required to purchase for participation in a training program at a postsecondary training institution.
Subp. 5.
[Repealed, 30 SR 1129]
Subp. 5a. CARF.
"CARF" means the national independent, nonprofit organization that sets standards for service and quality of rehabilitation providers, formerly known as the Commission on the Accreditation of Rehabilitation Facilities.
Subp. 6. Comparable services and benefits.
"Comparable services and benefits" means services or financial assistance available to an eligible individual, from sources other than the agency or the eligible individual, to meet, in whole or in part, the cost of vocational rehabilitation services. Examples of comparable benefits are: Medicare, Medicaid, individual and group insurance, workers' compensation benefits, community social service agencies, state agencies other than the agency, and public or private educational and training grants and scholarships.
Subp. 7.
[Repealed, 30 SR 1129]
Subp. 8. Durable medical equipment.
"Durable medical equipment" means wheelchairs; three-wheel self-propelled devices; canes, crutches, and other mobility aids; and other commercially available nonconsumable equipment whose primary purpose is to enable an individual to perform life functions that, due to the individual's physical or mental impairment, the individual cannot adequately perform without the equipment.
Subp. 9. Eligible individual.
"Eligible individual" means a person who is eligible for vocational rehabilitation services as provided by Code of Federal Regulations, title 34, section 361.42(a).
Subp. 10. Employment goal.
"Employment goal" means:
A. an "employment outcome" as defined by Code of Federal Regulations, title 34, section 361.5, paragraph (b)(16), as amended; and
B. that is available in the labor market area where the eligible individual is willing to seek and accept employment.
Subp. 10a. Employment plan.
"Employment plan" means an individualized plan for employment that is developed in accordance with Code of Federal Regulations, title 34, section 361.45, as amended, and that meets the requirements of Code of Federal Regulations, title 34, section 361.46, as amended.
Subp. 11. Extreme medical risk.
"Extreme medical risk" means a determination, based on medical evidence provided by a licensed medical professional, that there is a risk of increasing functional impairment or risk of death if medical services are not provided expeditiously.
Subp. 12.
[Repealed, 21 SR 1779]
Subp. 13. Functional area.
"Functional area" means mobility, communication, self-care, self-direction, interpersonal skills, work tolerance, or work skills. For the purposes of this subpart:
A. "communication" means the ability to effectively give and receive information through words or concepts, using methods such as reading, writing, speaking, listening, sign language, or other adaptive methods;
B. "interpersonal skills" means the ability to establish and maintain personal, family, and community relationships as it affects, or is likely to affect, job performance or job retention;
C. "mobility" means the physical or psychological ability to move about from place to place inside and outside the home, including travel to and from usual destinations in the community for activities of daily living, training, or work;
D. "self-care" means the skills needed to manage self or living environment, such as eating, toileting, grooming, dressing, money management, and management of special health or safety needs, including medication management, as they affect an individual's ability to participate in training or work-related activities;
E. "self-direction" means the ability to independently plan, initiate, organize, or carry out goal-directed activities or solve problems related to working;
F. "work skills" means:
G. "work tolerance" means the capacity or endurance to effectively and efficiently perform jobs requiring various levels of physical demands, psychological demands, or both.
Subp. 14. Gift aid.
"Gift aid" means grants, scholarships, and other financial assistance from federal, state, or other sources that are used to pay for the costs of postsecondary training and that do not have to be repaid. Gift aid based on academic merit is not considered when calculating the agency contribution for required tuition and mandatory fees.
Subp. 15.
[Repealed, 21 SR 1779]
Subp. 16. Independent living skills training.
"Independent living skills training" means training services that improve the ability of an individual with a significant disability to live and function more independently so as to achieve an employment outcome.
Subp. 17. Individual with a most significant disability.
"Individual with a most significant disability" means an eligible individual:
A. who has a severe physical or mental impairment that results in a serious functional limitation in terms of employment in three or more functional areas;
B. whose vocational rehabilitation can be expected to require multiple vocational rehabilitation services over an extended period of time; and
C. who has one or more physical or mental impairments resulting from amputation, arthritis, autism, blindness, burn injury, cancer, cerebral palsy, cystic fibrosis, deafness, head injury, heart disease, hemiplegia, hemophilia, respiratory or pulmonary dysfunction, developmental disability, mental illness, multiple sclerosis, muscular dystrophy, musculoskeletal disorders, neurological disorders including stroke and epilepsy, paraplegia, quadriplegia, and other spinal cord conditions, sickle cell anemia, specific learning disability, and end-stage renal disease, or another physical or mental impairment or combination of physical or mental impairments determined on the basis of an assessment for determining eligibility and vocational rehabilitation needs to cause comparable serious functional limitation.
Subp. 18. Individual with a significant disability.
"Individual with a significant disability" means an eligible individual:
A. who has a severe physical or mental impairment that results in a serious functional limitation in terms of employment in one or two functional areas;
B. whose vocational rehabilitation can be expected to require multiple vocational rehabilitation services over an extended period of time; and
C. who has one or more physical or mental impairments resulting from amputation, arthritis, autism, blindness, burn injury, cancer, cerebral palsy, cystic fibrosis, deafness, head injury, heart disease, hemiplegia, hemophilia, respiratory or pulmonary dysfunction, developmental disability, mental illness, multiple sclerosis, muscular dystrophy, musculoskeletal disorders, neurological disorders including stroke and epilepsy, paraplegia, quadriplegia, and other spinal cord conditions, sickle cell anemia, specific learning disability, and end-stage renal disease, or another physical or mental impairment or combination of physical or mental impairments determined on the basis of an assessment for determining eligibility and vocational rehabilitation needs to cause comparable serious functional limitation.
Subp. 19.
[Repealed, 30 SR 1129]
Subp. 20. Initial stocks and supplies.
"Initial stocks and supplies" means the initial inventory of goods for direct resale to customers by an eligible individual entering into or stabilizing a small business enterprise and a start-up supply of expendable items that are necessary for the day-to-day operation of a business, excluding the ongoing replacement of inventory and supplies.
Subp. 21. Interpreter services.
"Interpreter services" means interpreting of oral, manual, or written communication for persons who are deaf or hard of hearing.
Subp. 21a. Institutional aid.
"Institutional aid" means grants, scholarships, and other financial assistance a postsecondary institution awards from its own funds that are used to pay for the costs of postsecondary training and that do not have to be repaid. Institutional aid based on academic merit is not considered when calculating the agency contribution for required tuition and mandatory fees.
Subp. 22. Job coaching.
"Job coaching" means services provided to assist an eligible individual to perform work duties and retain employment in a competitive employment setting, such as:
A. job skills training;
B. training and assistance with work behaviors; and
C. assistance to employers and coworkers when necessary to assist the eligible individual to retain employment.
Subp. 23. Job related services.
"Job related services" means services that assist eligible individuals seek and obtain gainful employment. These services include job search and placement assistance, job retention services, follow-up services, and follow-along services.
Subp. 24. Maintenance.
"Maintenance" means "maintenance" as defined by Code of Federal Regulations, title 34, section 361.5, paragraph (b)(35), as amended.
Subp. 24a. Mileage rate.
"Mileage rate" means the amount calculated semiannually by dividing the average cost of regular gasoline in Minnesota during the preceding six months by the average fuel efficiency of all vehicles; the average cost of regular gasoline is determined using figures published by the United States Department of Energy, Energy Information Administration, and the average fuel efficiency of all vehicles is determined using figures published by the United States Department of Transportation, Federal Highway Administration, Highway Statistics Series.
When the calculated mileage rate exceeds the rate established by the Internal Revenue Service (IRS) for personal income tax deductions for mileage for charitable contributions under the Internal Revenue Code of 1986, section 170(i), as amended, the mileage rate for the next six months will be adjusted to the newly calculated rate.
When the calculated mileage rate is equal to or less than the rate established by the Internal Revenue Service for personal income tax deductions for mileage for charitable contributions under the Internal Revenue Code of 1986, section 170(i), as amended, the mileage rate for the next six months will be the IRS mileage rate for charitable contributions.
Subp. 25. Notetaker services.
"Notetaker services" means the recording in writing of oral or written communication for later use by an eligible individual.
Subp. 25a. Ongoing monthly living expenses.
"Ongoing monthly living expenses" means costs such as rent, utilities, and food.
Subp. 26. Order of selection.
"Order of selection" means the priority system under which the agency provides vocational rehabilitation services to eligible individuals when all eligible individuals cannot be served.
Subp. 27. Paratransit.
"Paratransit" means the comparable transportation service provided by a public entity as required by United States Code, title 42, section 12143, for individuals with disabilities who are unable to use fixed route transportation services. Paratransit includes door-to-door or demand responsive transportation for persons who are unable to use conventional transportation provided by a public entity. Paratransit may be provided directly by a public transit agency or contracted out to a private company.
Subp. 28. Personal assistance services.
"Personal assistance services" means a range of services, provided by one or more persons, to assist an eligible individual to perform daily living activities, on or off the job, that the eligible individual would typically perform without assistance if the eligible individual did not have a disability.
Subp. 28a. Physical and mental restoration services.
"Physical and mental restoration services" means "physical and mental restoration services" as defined by Code of Federal Regulations, title 34, section 361.5, paragraph (b)(40), as amended.
Subp. 29. Postemployment services.
"Postemployment services" means "post-employment services" as defined by Code of Federal Regulations, title 34, section 361.5, paragraph (b)(42), as amended.
Subp. 30. Postsecondary training.
"Postsecondary training" means training provided by a postsecondary training institution.
Subp. 31. Postsecondary training institution.
"Postsecondary training institution" means a public or private university, college, community college, junior college, vocational school, business school, technical college, technical institute, hospital school of nursing, barber school or college, cosmetology school, commercial driver training school, or other school as defined in Minnesota Statutes, section 136A.62, subdivision 3, or 136A.821, subdivision 5, that is registered as provided by Minnesota Statutes, chapter 154, or section 136A.63, licensed as provided by Minnesota Statutes, chapter 154, section 136A.822, or 171.34, or exempt from such licensing or registration requirements.
Subp. 31a. Public entity.
"Public entity" means:
A. any state or local government; or
B. any department, agency, special purpose district, or other instrument of one or more state or local governments.
Subp. 32.
[Repealed, 30 SR 1129]
Subp. 33. Reader services.
"Reader services" means the oral reading of written material for an eligible individual.
Subp. 34. Referral.
"Referral" means counseling or research on behalf of an applicant or eligible individual for the purpose of directing the applicant or eligible individual to other agencies and organizations that provide financial assistance, rehabilitation services, or other services needed by the applicant or eligible individual.
Subp. 35. Rehabilitation counseling and guidance.
"Rehabilitation counseling and guidance" means the process by which a rehabilitation counselor assists an eligible individual to:
A. understand the eligible individual's abilities and potential and develop self-confidence;
B. identify and establish an employment goal;
C. complete a program of services leading to the achievement of the employment goal established in the eligible individual's employment plan; and
D. gather information and identify support services, if needed, to assist an eligible individual to exercise informed choice.
Subp. 36. Rehabilitation counselor.
"Rehabilitation counselor" means a person classified by the Minnesota Department of Management and Budget as a rehabilitation counselor and employed by the agency to determine eligibility for services, provide rehabilitation counseling and guidance, develop employment plans and amendments collaboratively with eligible individuals, approve employment plans and amendments, provide and coordinate the provision of vocational rehabilitation services, and determine if an employment outcome is satisfactory.
Subp. 37. Rehabilitation technology.
"Rehabilitation technology" means services that apply technologies, engineering methodologies, or scientific principles to meet the needs of and address the barriers confronted by an eligible individual. These services include:
A. any piece of equipment, or product system, including taped books and text, and alternative format books accessible by computer, whether acquired commercially off the shelf, modified, or customized, that is used to increase, maintain, or improve functional capabilities of individuals with disabilities; and
B. any service that directly assists an eligible individual in the selection, acquisition, or use of a piece of equipment or product system described in item A.
Subp. 38.
[Repealed, 20 SR 168]
Subp. 39. Self-help aid.
"Self-help aid" means forms of student financial assistance, such as loans and work-study, offered to a student by a postsecondary institution and that the student must repay or work to earn.
Subp. 40. Serious functional limitation.
"Serious functional limitation" means that, due to a severe physical or mental impairment, one or more of an individual's functional capacities, including mobility, communication, self-care, self-direction, interpersonal skills, work tolerance, or work skills is restricted to the degree that the individual requires services or accommodations not routinely made for other individuals in order to prepare for, secure, retain, or regain employment.
Subp. 40a. Small business enterprise.
"Small business enterprise" means a business that is owned, operated, and managed by an eligible individual who sells goods or services for the purpose of making a profit. An eligible individual is considered to be making a profit when income from the business exceeds expenses, including reasonable payment for the owner's time and efforts. Small business enterprise includes self-employment, sole proprietorships, partnerships, limited liability companies, and corporations.
Subp. 40b. Stabilize a small business enterprise.
"Stabilize a small business enterprise" means to provide goods and services when an eligible consumer has an existing business which for disability related reasons requires changes to the product, service, or method of operation of the business, or it means to allow resumption of the operation of a business which has been disrupted, suspended, or interrupted due to disability.
Subp. 41. State Rehabilitation Council.
"State Rehabilitation Council" means the council established under United States Code, title 29, chapter 16, section 725, as amended.
Subp. 42. Tools and equipment.
"Tools and equipment" means implements required for participation in an employment plan that aid in accomplishing a task and the set of physical resources used to perform an operation or activity necessary in the practice of a vocation, profession, or small business enterprise, excluding the ongoing replacement or repair of tools and equipment. It includes all fixed assets other than land and buildings of a small business enterprise.
Subp. 43. Transportation services.
"Transportation services" means payments for:
A. gasoline and parking;
B. transportation provided by a public entity including paratransit;
C. a driver, if one is required;
D. other available transportation if transportation provided by a public entity, including paratransit, and transportation by private vehicle are unavailable; or
E. the purchase of vehicle repairs.
Subp. 44. Tuition fee schedule.
"Tuition fee schedule" means:
A. For the regular academic year at all private postsecondary institutions and at public postsecondary institutions outside Minnesota:
B. For the summer session at all private postsecondary institutions and at public postsecondary institutions outside Minnesota:
C. For eligible individuals attending any postbaccalaureate degree program at the University of Minnesota:
D. Except as provided in item C, for training in a Minnesota public postsecondary institution, an amount equal to the cost of resident tuition and mandatory academic fees at the Minnesota public postsecondary institution the eligible individual is attending.
Subp. 45. Vehicle adaptations.
"Vehicle adaptations" means changes made to the structure or control devices of a motor vehicle for an eligible individual to enter, exit, or operate the vehicle safely and legally.
Subp. 46. Vocational evaluation.
"Vocational evaluation" means an assessment of a person's performance in a simulated or real work situation to determine the person's abilities, skills, attitudes toward work, and work behaviors.
Subp. 47. Vocational rehabilitation program.
"Vocational rehabilitation program" means the organizational unit in the agency that determines eligibility for, and provides vocational rehabilitation services to, individuals.
Subp. 48. Vocational rehabilitation services.
"Vocational rehabilitation services" means the services provided or arranged for individuals by the vocational rehabilitation program to determine and achieve an employment goal.
Subp. 49.
[Repealed, 34 SR 901]
Subp. 50. Vocational adjustment training.
"Vocational adjustment training" means using real or simulated work situations to assist persons to:
A. understand the meaning, value, and demands of work;
B. learn or reestablish skills, attitudes, and work behaviors; and
C. develop physical or mental capacities necessary for work.
History
- Statutory Authority: MS s 116J.035; 268.021; 268A.03
- History: 18 SR 2248; L 1994 c 483 s 1; 20 SR 168; 21 SR 1779; L 2005 c 27 s 9; L 2005 c 56 s 2; L 2005 c 107 art 2 s 60; L 2005 c 112 art 2 s 41; 30 SR 1129; L 2008 c 204 s 42; L 2009 c 101 art 2 s 109; 34 SR 901; L 2015 c 69 art 2 s 46
Minn. R. 3300.5020 Conditions for Implementing an Order of Selection
Subpart 1. Determination of open priority categories.
The director of the agency shall determine the need for an order of selection annually. The director's determination shall be made after consulting with and obtaining advice from the State Rehabilitation Council. The director's determination shall be based on the anticipated number of individuals eligible for services from the vocational rehabilitation program and the resources anticipated to be available to the vocational rehabilitation program. The director shall open as many priority categories as it is projected that the agency can serve, starting with the first priority category listed in part 3300.5030. The agency retains the discretion to open and close established priority categories based on an assessment of need and resources, but the agency must not change the established order of categories.
Subp. 2. Continuation of services.
When there is a change in the priority categories open under an order of selection, the agency must continue to provide vocational rehabilitation services to eligible individuals who have begun to receive services in accordance with an employment plan developed before the change occurred.
History
- Statutory Authority: MS s 116J.035; 268.021; 268A.03
- History: 18 SR 2248; 21 SR 1779; 30 SR 1129
Minn. R. 3300.5030 Priority Categories for Order of Selection
Subpart 1. First priority category.
The first priority category includes all individuals with a most significant disability.
Subp. 2. Second priority category.
The second priority category includes all individuals with a significant disability that results in serious functional limitations in two functional areas.
Subp. 3. Third priority category.
The third priority category includes all individuals with a significant disability that results in a serious functional limitation in one functional area.
Subp. 4. Fourth priority category.
The fourth priority category includes all other eligible individuals.
Subp. 5.
[Repealed, 30 SR 1129]
History
- Statutory Authority: MS s 116J.035; 268.021; 268A.03
- History: 18 SR 2248; 30 SR 1129
Minn. R. 3300.5040 Consumer Financial Participation in Cost of Vocational Rehabilitation Services
Subpart 1. Financial participation required.
An eligible individual whose gross family income is more than the consumer financial participation threshold shall pay for vocational rehabilitation services an amount equal to the percentage by which the eligible individual's gross family income exceeds the consumer financial participation threshold. For example, if an eligible individual's gross family income exceeds the consumer financial participation threshold by ten percent, the eligible individual shall pay ten percent of the cost of vocational rehabilitation services provided and the agency would pay 90 percent.
Subp. 1a. Consumer financial participation threshold.
The agency must calculate the consumer financial participation threshold annually. The consumer financial participation threshold is 200 percent of the poverty guidelines updated annually and published in the Federal Register by the United States Department of Health and Human Services under authority of section 673(2) of the Omnibus Budget Reconciliation Act of 1981, as adjusted for family size.
Subp. 2. No required financial participation.
An eligible individual whose gross family income is equal to or less than the consumer financial participation threshold is not required to pay any portion of the cost of the vocational rehabilitation services that the eligible individual receives. However, regardless of consumer financial participation requirements under this part, all eligible individuals are required to participate in the search for and utilization of comparable benefits and services as provided in part 3300.5050, and the agency's payments for any vocational rehabilitation services will not exceed the amounts described in part 3300.5060.
Subp. 3. Basis for determining degree of financial participation required.
The agency shall determine the degree of financial participation required for eligible individuals who are not exempt from determination of the degree of financial participation under subpart 4. The degree of financial participation required is determined on the basis of the eligible individual's gross family income in relation to the consumer financial participation threshold.
A. For the purposes of this subpart, the eligible individual's gross family income includes cash payments or benefits, other than gifts or loans, received by or actually available to an eligible individual or an eligible individual's family from public or private sources. These payments or benefits include:
B. For purposes of determining gross family income, the eligible individual's family includes:
Subp. 4. Exemption from determination of degree of financial participation.
A. Except as provided in item B, an eligible individual is not required to pay any portion of the cost of the vocational rehabilitation services that the eligible individual receives if the eligible individual:
B. When the eligible individual has been determined eligible for a federal or state means-tested health insurance program, the agency must determine the degree of financial participation required of the eligible individual if:
Subp. 5. Services subject to financial participation.
An eligible individual may be required to participate in paying the cost of all vocational rehabilitation services not exempted from financial participation under subpart 6.
Subp. 6. Services exempted from financial participation.
The agency must not require consumer financial participation for the following services:
A. assessment for determining eligibility, priority for services, and vocational rehabilitation needs, except those nonassessment services that are provided to an individual with a significant disability during either an exploration of the individual's abilities, capabilities, and capacity to perform in work situations through the use of trial work experiences or an extended evaluation;
B. vocational evaluation;
C. work adjustment training;
D. rehabilitation counseling and guidance;
E. job related services;
F. referral services;
G. job coaching;
H. on-the-job training;
I. independent living skills training that supports an employment goal;
J. auxiliary aids and services for effective communication;
K. postemployment services consisting of the services identified in this subpart; and
L. personal assistance services.
Subp. 7. Income verification.
If an eligible individual's employment plan includes or is expected to include vocational rehabilitation services other than those identified in subpart 6, the eligible individual shall provide the agency with written verification of the eligible individual's gross family income and sources of income, unless the eligible individual provides the agency with written verification that the eligible individual is exempt from the determination of the degree of financial participation under subpart 4. The eligible individual shall provide the agency with a copy of the first page of the most recent federal income tax return documenting the eligible individual's gross family income. If there has been a substantial change in the eligible individual's or family's income, either an increase or a decrease, to the degree that it would change the eligible individual's financial participation, the eligible individual shall provide the agency with written verification of the eligible individual's present gross family income.
Subp. 8. Consumer financial participation.
The amount of consumer financial participation in the costs of services and the amount of agency payments for services must be determined as follows:
A. determine the actual cost of the service;
B. subtract the amount of available comparable benefits from the amount determined in item A;
C. if the result obtained under item B is greater than zero, determine the dollar amount of consumer financial participation based on the lesser of:
D. subtract the amount of consumer financial participation determined under item C from the amount determined under item B;
E. if the result obtained under item D is greater than zero, agency payments must be the lesser of:
Subp. 9. Variance.
An eligible individual who cannot pay for vocational rehabilitation services to the extent required in subpart 1 may apply to the director of the vocational rehabilitation program or designee for a variance in the determination of financial need as follows:
A. A request for a variance must be submitted in writing by the eligible individual or the eligible individual's legal representative. The request must provide the director of the vocational rehabilitation program or designee with evidence describing the unusual financial situation. If the director of the vocational rehabilitation program or designee requires additional information to determine eligibility for a variance, the agency must, within 15 days after receiving the written request, inform the eligible individual in writing of the specific additional information required.
B. The director of the vocational rehabilitation program or designee must determine whether the eligible individual is eligible for a variance and notify the eligible individual of the determination in writing 30 days after the director of the vocational rehabilitation program or designee receives all the information required under item A. The written notification must:
C. The director of the vocational rehabilitation program or designee shall grant a variance only if the eligible individual demonstrates that it is impossible for the eligible individual to make the cost contributions required under subpart 1 because of extraordinary costs resulting from illness or disability in areas such as mobility, communication, self-care, medical care, shelter, food, and clothing.
D. The director of the vocational rehabilitation program or designee shall determine the amount of a variance by:
E. An eligible individual who receives a variance must immediately notify the director of the vocational rehabilitation program or designee in writing if the eligible individual's gross family income improves.
F. The director of the vocational rehabilitation program or designee may review the financial situation of an eligible individual who receives a variance at any time to determine whether the individual's financial situation continues to justify the variance.
History
- Statutory Authority: MS s 116J.035; 268.021; 268A.03
- History: 18 SR 2248; 20 SR 168; 21 SR 1779; L 1997 c 66 s 80; L 1999 c 107 s 66; L 2000 c 343 s 4; 30 SR 1129; 34 SR 901
Minn. R. 3300.5050 Comparable Benefits and Services
Subpart 1. Use of comparable services and benefits.
Comparable services and benefits must be used if available to an eligible individual or a member of an eligible individual's family for all vocational rehabilitation services identified in the eligible individual's employment plan, except:
A. assessment for determining eligibility and vocational rehabilitation needs;
B. rehabilitation counseling and guidance;
C. job related services;
D. referral services;
E. rehabilitation technology services;
F. when a search for comparable benefits would interrupt or delay the provision of vocational rehabilitation services to any eligible individual who is determined to be at extreme medical risk, based on medical evidence provided by an appropriate qualified medical professional;
G. the services listed in items A to F when provided as postemployment services necessary to assist eligible individuals to maintain, regain, or advance in employment;
H. when a search for comparable benefits would interrupt or delay an immediate job placement; or
I. when a search for comparable benefits would interrupt or delay the progress of the eligible individual toward achieving the employment outcome identified in the eligible individual's employment plan.
Subp. 2. Individual responsibilities.
Except in the circumstances described in subpart 1, an eligible individual must, with the assistance of the agency, participate in the search for and use of comparable benefits as follows:
A. Before receiving training services in a postsecondary institution, prior to the start of each school year, an eligible individual must apply for gift aid or institutional aid to pay all or part of the costs of tuition, fees, books, supplies, tools and equipment, and living expenses; and
B. If gift aid or institutional aid is not available to the eligible individual because the eligible individual is in default on repayment of a student loan or has an outstanding PELL grant repayment, the agency must not participate financially in the purchase of postsecondary training services until the agency determines that a responsible repayment effort has been made. This determination must be made by the rehabilitation counselor in consultation with the eligible individual and the holder of the loan or the postsecondary institution that awarded the PELL grant, after considering such factors as the financial resources available to the eligible individual and the attempts that have been made to work out a satisfactory repayment agreement with the holder of the loan or the postsecondary institution that awarded the PELL grant. The requirement of a responsible repayment effort will be deemed to be satisfied if the eligible individual has made payments for six consecutive months.
C. Before receiving physical and mental restoration services or durable medical equipment, an eligible individual must file a claim or application with the eligible individual's health insurer, if any. If the eligible individual has no health insurance, or if the restoration services or durable medical equipment provided are not covered by the eligible individual's health insurance, the eligible individual must apply to a local human services agency for medical assistance under Minnesota Statutes, chapter 256B, or general assistance medical care under Minnesota Statutes, chapter 256D, if the agency determines that it is likely that the eligible individual may be eligible for medical assistance or general assistance medical care.
D. Before receiving any vocational rehabilitation service other than those listed in subpart 1, an eligible individual shall apply or provide evidence of having already applied for any comparable benefit that the agency determines may be available to the eligible individual. The agency must not purchase a service when the eligible individual refuses to make formal application for a comparable benefit to pay all or part of the cost of the service, or when the eligible individual refuses to accept a comparable benefit that is available to the eligible individual.
History
- Statutory Authority: MS s 116J.035; 268.021; 268A.03
- History: 18 SR 2248; 20 SR 168; 21 SR 1779; 30 SR 1129; 34 SR 901
Minn. R. 3300.5060 Terms and Conditions for Provision of Vocational Rehabilitation Services
Subpart 1. General conditions for provision of vocational rehabilitation services.
A. The agency must provide vocational rehabilitation services only for the following purposes:
B. The agency must follow applicable state, Department of Employment and Economic Development, and agency purchasing policies and procedures when purchasing goods or services for eligible individuals.
C. The agency must not make payments to reduce legal financial obligations incurred by the eligible individual.
Subp. 1a. Auxiliary aids and services for effective communication.
The agency must provide auxiliary aids and services for effective communication necessary to enable an applicant or eligible individual to access agency services or participate in vocational rehabilitation services under an employment plan, except that the agency must not assume the responsibility of other programs or vendors, such as postsecondary training institutions, community rehabilitation programs, physicians, psychologists, and placement agencies, for providing program and service accessibility under Code of Federal Regulations, title 28, sections 35.149 to 35.164; and 36.301 to 36.310, or the Minnesota Human Rights Act, Minnesota Statutes, chapter 363A, sections 363A.02 and 363A.11 to 363A.13.
Subp. 2. Child care.
A. Before the agency provides child care, the amount of consumer financial participation in the cost of child care must be determined under part 3300.5040.
B. The eligible individual must, with the assistance of the agency, participate in the search for and use of comparable benefits under part 3300.5050, subpart 2, item D, except that a search for comparable benefits is not required if the search would cause the eligible individual to lose an immediate job placement.
C. The agency must not provide child care unless an eligible individual would be unable to participate in vocational rehabilitation services if child care is not provided. The agency must:
D. Agency payments for child care must not exceed the rate established by the Department of Human Services under part 3400.0130.
Subp. 3. Computer hardware and software.
A. Before the agency provides computer software or hardware, including modems, printers, and other peripherals, the amount of consumer financial participation in the cost of the items must be determined under part 3300.5040.
B. The eligible individual must, with the assistance of the agency, participate in the search for and use of comparable benefits under part 3300.5050, subpart 2, item D, except that a search for comparable benefits is not required if the search would cause the eligible individual to lose an immediate job placement.
C. The agency must not provide computer software or hardware, including modems, printers, and other peripherals, if an eligible individual's needs can be met through alternative means of accessing computers, such as the use of computer laboratories at postsecondary institutions.
D. Before the agency provides computer software or hardware, including modems, printers, and other peripherals, an assessment to determine the eligible individual's needs for computer hardware, software, or modems, printers, and other peripherals must be conducted by a person knowledgeable about computers who is not a vendor of computer equipment, if either the counselor or the eligible individual is uncertain regarding the eligible individual's needs.
E. Any agency provision of computer software or hardware, including modems, printers, and other peripherals, must be made using the information obtained from the assessment under item D.
Subp. 3a. Durable medical equipment.
A. Before the agency provides durable medical equipment, the amount of consumer financial participation in the cost of durable medical equipment must be determined under part 3300.5040.
B. The eligible individual must, with the assistance of the agency, participate in the search for and use of comparable benefits under part 3300.5050, subpart 2, item D, except that a search for comparable benefits is not required if the search would cause the eligible individual to lose an immediate job placement.
C. The agency's expenditures for durable medical equipment must not exceed the amount paid by the Minnesota medical assistance program.
Subp. 4.
[Repealed, 20 SR 168]
Subp. 5. Maintenance.
A. Before the agency provides maintenance, the amount of consumer financial participation must be determined under part 3300.5040.
B. The eligible individual must, with the assistance of the agency, participate in the search for and use of comparable benefits under part 3300.5050, subpart 2, item D, except that a search for comparable benefits is not required if the search would cause the eligible individual to lose an immediate job placement.
C. The agency must not provide maintenance to pay for expenses that the eligible individual would incur whether or not the eligible individual was receiving vocational rehabilitation services.
D. The agency must not pay for maintenance if the provision of maintenance would result in a reduction of payments to the eligible individual by other government assistance programs.
E. Maintenance will be provided only when participation in one or more other vocational rehabilitation services being provided results in added costs.
F. Payments for relocation expenses may be provided only when:
G. Maintenance payments for ongoing monthly living expenses for eligible individuals participating in postsecondary training may be provided only when the eligible individual cannot receive postsecondary training without incurring added living costs and:
H. When added costs are due to loss of subsidized housing:
I. Maintenance payments for ongoing monthly living expenses for eligible individuals not participating in postsecondary training may be provided only during a period of temporary relocation necessary to participate in other vocational rehabilitation services under an employment plan while a primary residence is maintained by the eligible individual or the eligible individual's family.
J. Except as provided in item K, agency maintenance payments for ongoing monthly living expenses must not exceed the lesser of:
K. For eligible individuals receiving maintenance under item I, agency maintenance payments in any 12-month period must not exceed the lesser of:
Subp. 6.
[Repealed, 20 SR 168]
Subp. 7. Personal assistance services.
A. The agency must not provide personal assistance services unless an eligible individual is receiving one or more other vocational rehabilitation services.
B. The eligible individual must, with the assistance of the agency, participate in the search for and use of comparable benefits under part 3300.5050, subpart 2, item D.
C. The agency must purchase personal assistance services only from a personal care assistant who meets the requirements established by the Department of Human Services.
D. After an eligible individual is hired for a job that meets the eligible individual's employment goal, the agency must not provide personal assistance services for a period exceeding 90 consecutive calendar days from the eligible individual's first day of employment.
E. Agency payments for personal assistance services must be made at the lesser of the provider's submitted charges or the maximum rate established by Minnesota Statutes, section 256B.851, as adjusted by the Consumer Price Index for urban consumers as published by the Bureau of Labor Statistics, United States Department of Labor and is incorporated by reference. It is subject to frequent change and is available from the Minitex interlibrary loan system.
F. The agency must not provide personal assistance services if the provision of the services would result in a reduction in benefits or services from other government or private programs.
G. The agency must provide eligible individuals with training in managing, supervising, and directing personal assistance services when the eligible individual and a rehabilitation counselor jointly determine that the training is necessary.
Subp. 7a. Physical and mental restoration services.
A. Before the agency provides physical and mental restoration services, the amount of eligible consumer financial participation in the cost of physical and mental restoration services must be determined under part 3300.5040.
B. The eligible individual must, with the assistance of the agency, participate in the search for and use of comparable benefits under part 3300.5050, subpart 2, items C and D, except that a search for comparable benefits is not required if the search would delay the provision of medical services to an eligible individual at extreme medical risk, or if the search would cause the eligible individual to lose an immediate job placement.
C. The agency must not pay for recurring, ongoing physical or mental restoration services that an eligible individual would require regardless of participation in an employment plan, such as group or individual psychotherapy, prescription drugs, or physical therapy.
D. Eligible individuals may select:
Subp. 8.
[Repealed, 20 SR 168]
Subp. 9. Rehabilitation technology.
A. Before the agency provides rehabilitation technology, the amount of consumer financial participation in the cost of rehabilitation technology must be determined under part 3300.5040, except that items that are also auxiliary aids and services for effective communication are not subject to consumer financial participation.
B. Before the agency purchases rehabilitation technology, if either a rehabilitation counselor or the eligible individual is uncertain regarding the eligible individual's needs, an assessment to determine the eligible individual's needs for rehabilitation technology must be conducted by a knowledgeable person.
C. Agency purchases of vehicle adaptations must be made as follows:
Subp. 10.
[Repealed, 20 SR 168]
Subp. 11. Small business enterprises.
A. Before the agency makes purchases to establish or stabilize a small business enterprise, the amount of consumer financial participation in the costs must be determined under part 3300.5040.
B. The eligible individual must, with the assistance of the agency, participate in the search for and use of comparable benefits under part 3300.5050, subpart 2, item D.
C. Agency assistance in the establishment or stabilization of a small business enterprise is for the purchase of:
D. Before the agency makes purchases to assist an eligible individual to establish or stabilize a small business enterprise, the eligible individual must develop and submit to the eligible individual's rehabilitation counselor a proposed business plan for review that includes:
E. Proposed business plans must be considered as follows:
F. Total agency expenditures for the stabilization or establishment of a small business enterprise for items C, subitems (1) to (4), and J, must not exceed the lesser of:
G. The agency must not pay costs associated with the ongoing operation of a business.
H. The agency must not pay any costs of bankruptcy proceedings or costs due to the bankruptcy of an eligible individual's small business enterprise.
I. A vehicle may be provided for a small business enterprise only when it is an integral part of the business and the business cannot be run without it.
J. The cost of a vehicle, if any, must be included in the total agency expenditures under item F.
Subp. 12. Transportation services.
A. Before the agency provides transportation services, the amount of consumer financial participation in the cost of transportation services must be determined under part 3300.5040.
B. The eligible individual must, with the assistance of the agency, participate in the search for and use of comparable benefits under part 3300.5050, subpart 2, item D, except that a search for comparable benefits is not required if the search would cause the eligible individual to lose an immediate job placement.
C. The agency must not provide transportation services unless an eligible individual is receiving one or more other vocational rehabilitation services.
D. The agency must not purchase, lease, or otherwise obtain, maintain, or insure vehicles for applicants or eligible individuals except according to subpart 11, item I.
E. If transportation provided by a public entity, including paratransit, is available and used by the eligible individual, agency payments for transportation must not exceed the actual cost of the transportation. When the public entity has more than one cost level that will meet the transportation needs of the eligible individual, the agency payments must not exceed the lowest cost level.
F. If transportation that will meet the needs of the eligible individual is available from a public entity, including paratransit, but the eligible individual chooses alternate transportation, agency payments for transportation must not exceed the lesser of the lowest cost level of transportation provided by a public entity or the cost of gasoline as determined in item G.
G. When transportation provided by a public entity, including paratransit, is unavailable and the eligible individual is being transported by personal vehicle, the agency's payments must not exceed the costs of gasoline and parking plus the cost of a driver if required. The agency's payments for gasoline costs must be determined by multiplying the mileage rate by the actual miles driven. The agency's payments for a driver must be determined by the usual and customary rate for the area.
H. The agency must limit transportation payments in support of postsecondary training to the amount that would apply if the eligible individual attended the Minnesota public institution closest to the eligible individual's residence which offers the broad field of study required by the employment plan.
I. When transportation provided by a public entity, including paratransit, and transportation by personal vehicle are unavailable, agency payments must not exceed the actual cost of the available transportation.
J. Agency purchases of vehicle repairs must be made as follows:
Subp. 12a. Postsecondary training books, supplies, and tools and equipment.
A. Before the agency provides books, supplies, and tools and equipment for postsecondary training, the amount of consumer financial participation in the cost of those services must be determined under part 3300.5040.
B. The eligible individual must, with the assistance of the agency, participate in the search for and use of comparable benefits under part 3300.5050, subpart 2, items A, B, and D.
C. Agency payments under this subpart shall only be for the cost of books, supplies, and tools and equipment required of all students in the postsecondary training program.
D. The agency shall consider any gift aid or institutional aid in excess of tuition and fees as a comparable benefit when determining the amount the agency will pay for required books, supplies, tools and equipment, transportation, and maintenance.
Subp. 13. Postsecondary training tuition and mandatory fees.
A. Before the agency provides tuition and mandatory fees for postsecondary training, the amount of consumer financial participation in the cost of those services must be determined under part 3300.5040.
B. The eligible individual must, with the assistance of the agency, participate in the search for and use of comparable benefits under part 3300.5050, subpart 2, items A, B, and D.
C. The estimated cost of tuition and mandatory fees for the eligible individual's postsecondary training program must be determined annually, based on information from the postsecondary training institution. The estimated cost of tuition and mandatory fees for the eligible individual's postsecondary training during the regular academic year and the estimated costs of tuition and mandatory fees for the eligible individual's summer school postsecondary training must be determined separately, based on information from the postsecondary training institution.
D. The tuition fee schedule for an eligible individual who will attend fewer than three quarters or two semesters during the regular academic year must be prorated based on the number of quarters or semesters which the eligible individual will attend. The summer school tuition fee schedule must be prorated based on the number of summer school sessions which the eligible individual will attend if the eligible individual is attending a postsecondary institution where there are two summer school sessions.
E. The tuition fee schedule for an eligible individual enrolled in a postsecondary training program less than full time must be prorated in accordance with the specific program standards for full-time or part-time status.
F. If the undergraduate broad field of study required by the eligible individual's employment plan is not available at a Minnesota public postsecondary institution, the agency must not apply the tuition fee schedule in determining the amount of agency payments for tuition and mandatory fees.
G. The amount of gift aid or institutional aid available to the eligible individual to pay for the costs of postsecondary training must be determined annually, based on information obtained from the postsecondary training institution. The amount of gift aid or institutional aid available to the eligible individual to pay for the costs of the regular academic year must be determined separately from the amount of gift aid or institutional aid available to the eligible individual to pay for the costs of summer school, based on information obtained from the postsecondary training institution.
H. When the amount of gift aid or institutional aid equals or exceeds the cost of tuition and mandatory fees, the agency shall not pay any of the costs of tuition and mandatory fees.
I. The amount, if any, the agency will pay for the cost of tuition and mandatory fees is determined by:
J. Regardless of the provisions in items A to I and subpart 12a, the agency must make payments for tuition and mandatory fees, and for books, supplies, and tools and equipment for postsecondary training only to the extent that the agency payments do not reduce the amount of gift aid or institutional aid available to the eligible individual.
K. The agency does not require an eligible individual to accept self-help aid. The eligible individual has the right to accept or reject a postsecondary training institution's offer of self-help aid. When the agency assistance results in a reduction of eligibility for self-help aid from a postsecondary training institution, the eligible individual may choose whether to accept the agency assistance in full or in part, or to accept the self-help aid.
L. The agency must only fund training at schools and/or programs that are licensed, registered, or exempt from licensing or registration requirements by, as appropriate:
Subp. 14. Job related services.
Payments for job related services may be made only to:
A. CARF accredited providers;
B. providers that are in the process of applying for CARF accreditation;
C. non-CARF accredited providers with whom the agency has signed a limited-use vendor operating agreement specifying the maximum dollar amount the provider may receive annually; or
D. any vendor when the total annual dollar amount to be authorized is less than the authority for local purchase given to a rehabilitation counselor by the Materials Management Division of the state Department of Administration.
Subp. 15. Vocational adjustment training.
A. The eligible individual must, with the assistance of the agency, participate in the search for and use of comparable benefits under part 3300.5050, subpart 2, item D.
B. Payments for vocational adjustment training may be made only to:
Subp. 16. Vocational evaluation services.
Payments for vocational evaluation services may be made only to:
A. CARF accredited providers;
B. providers that are in the process of applying for CARF accreditation;
C. non-CARF accredited providers with whom the agency has signed a limited-use vendor operating agreement specifying the maximum dollar amount the provider may receive annually;
D. any vendor when the total annual dollar amount to be authorized is less than the authority for local purchase given to a rehabilitation counselor by the Materials Management Division of the state Department of Administration;
E. an evaluation center at a postsecondary institution in the Minnesota State Colleges and Universities system; or
F. an employer who has not hired the eligible individual.
History
- Statutory Authority: MS s 14.3895; 116J.035; 268.021; 268A.03
- History: 18 SR 2248; L 1994 c 483 s 1; 20 SR 168; 21 SR 1779; L 2005 c 112 art 2 s 41; 30 SR 1129; 34 SR 901; 48 SR 487
Minn. R. 3300.6000 Definitions
Subpart 1. Scope.
When used in parts 3300.6000 to 3300.6070, the terms defined in this part have the meanings given them.
Subp. 2. CARF.
"CARF" means CARF International, the independent, nonprofit organization that sets standards and provides accreditation for service and quality of community rehabilitation providers.
Subp. 3. Center-based employment.
"Center-based employment" means employment for which an individual:
A. works at a location that is owned or operated by the individual's extended employment provider;
B. receives wages and benefits from an employer who is, directly or indirectly, the individual's extended employment provider;
C. performs work that does not meet all of the conditions of either the supported employment subprogram or the community employment subprogram.
Subp. 4. Commissioner.
"Commissioner" means the commissioner of the Department of Employment and Economic Development or the commissioner's designee.
Subp. 5. Community employment.
"Community employment" means employment for which an individual:
A. works at a location that is not owned or operated by the individual's extended employment provider;
B. receives wages and benefits from an employer who is or is not, directly or indirectly, the individual's extended employment provider;
C. performs work that does not meet all the conditions of the supported employment subprogram.
Subp. 6. Community employment subprogram.
"Community employment subprogram" means the commissioner's service category for individuals in community employment under subpart 5.
Subp. 7. Competitive, integrated employment.
"Competitive, integrated employment" means work performed on a full- or part-time basis, with or without supports, for which an individual:
A. works at a location that:
B. receives wages and benefits from an employer who:
C. is paid at or above the federal, state, or local minimum wage, whichever is highest, as defined in this chapter; and
D. is compensated at or above the customary wage and benefits as defined in subpart 8.
Subp. 8. Customary wage and benefits or customary rate.
"Customary wage and benefits" or "customary rate" means the wage paid and the level of benefits provided by the employer to an individual without disabilities performing the same or similar work with comparable training, skills, and experiences with that employer.
Subp. 9. Department.
"Department" means the Department of Employment and Economic Development.
Subp. 10. Employer.
"Employer" has the meaning given in United States Code, title 29, section 203(d).
Subp. 11. Extended employment provider or provider.
"Extended employment provider" or "provider" means a community rehabilitation provider that receives funding through the extended employment program.
Subp. 12. Extended employment services.
"Extended employment services" means the development of an extended employment support plan and the delivery of ongoing employment support services.
Subp. 13. Individual receiving extended employment services or individual.
"Individual receiving extended employment services" or "individual" means an individual who meets the eligibility requirements in this chapter and who receives extended employment services under the extended employment program. Any reference in parts 3300.6000 to 3300.6070 to an individual receiving extended employment services includes the individual's legal representative.
Subp. 14. Minimum wage.
"Minimum wage" means an hourly wage rate not less than the higher of the rate specified in section 6(a)(1) of the United States Fair Labor Standards Act of 1938, United States Code, title 29, section 206(a)(1), or the rate specified in the Minnesota Fair Labor Standards Act, Minnesota Statutes, section 177.24, or local minimum wage law, and that is not less than the customary wage and benefits.
Subp. 15. Ongoing employment support services.
A. "Ongoing employment support services" means any of the services in item B that are:
B. Ongoing employment support services include:
Subp. 16. Qualified professional.
"Qualified professional" means a professional who is licensed, certified, or registered in the state where the professional practices, and who provides a diagnosis of a disability or disabilities within the scope of the professional's license, certification, or registration for an individual in the extended employment program.
Subp. 17. Serious functional limitations to employment.
"Serious functional limitations to employment" means an individual experiences significant barriers to employment in three or more of the functional areas listed in items A through G that affect an individual's ability to maintain or advance in employment, and the individual requires ongoing employment support services to mitigate the effect of the limitations and achieve the individual's employment goals.
A. "Communication" means the ability to effectively give and receive information through words or concepts, using methods such as reading, writing, speaking, listening, sign language, or other adaptive methods.
B. "Interpersonal skills" means the ability to establish and maintain personal, family, and community relationships as it affects, or is likely to affect, job performance and security.
C. "Mobility" means the physical and psychological ability to move about from place to place inside and outside the home, including travel to and from usual destinations in the community for activities of daily living, training, or work.
D. "Self-care" means the skills needed to manage self or living environment, including eating, toileting, grooming, dressing, money management, and management of special health or safety needs, including medication management, as they affect an individual's ability to participate in training or work-related activities.
E. "Self-direction" means the ability to plan, initiate, organize, or carry out goal-directed activities or solve problems related to working.
F. "Work skills" means:
G. "Work tolerance" means the capacity or endurance to effectively and efficiently perform jobs requiring various levels of physical demands, psychological demands, or both.
Subp. 18. Supported employment subprogram.
"Supported employment subprogram" means the commissioner's service category for individuals who are in competitive, integrated employment.
Subp. 19. Work hours.
"Work hours" means the hours for which an individual performs paid work, including hours of paid holidays, paid sick time, paid vacation time, and other paid leaves of absence. The payment of a bonus or commission is not included in the computation of work hours.
History
- Statutory Authority: MS s 268A.15
- History: 43 SR 993
Minn. R. 3300.6005 Individual Eligibility
Subpart 1. Individual eligibility.
A. An individual is eligible for extended employment services if the individual:
B. For state fiscal year 2021 and thereafter, an individual on a medical assistance waiver, regardless of the waiver service the individual is receiving, is not eligible to receive extended employment services through the extended employment program. Individuals on a medical assistance waiver receiving extended employment services prior to state fiscal year 2021 are exempt from this provision and remain eligible to receive extended employment services.
History
- Statutory Authority: MS s 268A.15
- History: 43 SR 993
Minn. R. 3300.6010 Extended Employment Services Delivery
Subpart 1. Person-centered practices.
A provider must deliver extended employment services in the extended employment program using person-centered practices. "Person-centered practices" means practices that help an individual set goals and develop action steps that enhance the individual's quality of life, where control over decisions rests with the individual. The provider must not influence an individual's decision making but instead serve as a facilitator of decision making.
Subp. 2. Employment first.
A provider must consider employment first in delivering extended employment services in the extended employment program. "Employment first" means the expectation that a working age Minnesotan with a disability can work, wants to work, and can achieve competitive employment, and each person must be offered the opportunity to work and earn a competitive wage before being offered other supports and services.
Subp. 3. Informed choice.
A. The provider must facilitate an individual's ability to make an informed choice about the individual's employment. "Informed choice" means the individual is able to make decisions regarding the individual's employment. Informed choice requires:
B. For an individual required to participate in a career counseling, information, and referral services consultation by the Workforce Innovation and Opportunity Act (WIOA), section 511, part 397, a provider is not required to provide duplicative informed choice information for purposes of the extended employment program. A provider must consider the career counseling, information, and referral services consultation summary report when developing an individual's extended employment support plan and retain a copy in the case record.
History
- Statutory Authority: MS s 268A.15
- History: 43 SR 993
Minn. R. 3300.6015 Extended Employment Support Plans
Subpart 1. Extended employment support plan.
The provider must develop an extended employment support plan with each individual in the extended employment program.
Subp. 2. Requirements of extended employment support plan.
The plan must include the following:
A. the individual's employment goals and objectives, including:
B. the individual's vocational strengths, education, and work skills;
C. the individual's interests and preferences for jobs and work environments;
D. the individual's serious functional limitations to employment and how they impact an individual's ability to maintain employment;
E. the individual's preferences for when, where, and how the required two in-person meetings per month will occur;
F. identification of the specific ongoing employment support services that will be provided;
G. the person or persons who will be providing the ongoing employment support services, and a plan that describes how the individual will be notified and the impact on scheduled services in the event the identified person or persons are absent or unavailable to provide scheduled services;
H. the individual's decision to disclose or not disclose disability-related information to the individual's employer and how supports will be provided in either scenario;
I. the names of the participants in the planning and preparation of the individual's extended employment support plan; and
J. the signature of the individual.
Subp. 3. Annual review and update of extended employment support plan.
A provider must facilitate a review of an individual's extended employment support plan and update the plan at least once per year. The new or updated extended employment support plan shall be maintained in the case file. The review and update of the plan shall include the individual, the provider, and anyone else the individual would like involved. The review and update of the plan must include a discussion of each element of the extended employment support plan and must itemize each of the following:
A. the individual's satisfaction with his or her employment and the ongoing employment support services that are being provided;
B. the effectiveness of the individual's extended employment support plan in achieving the individual's vocational goals;
C. the individual's interest in changing or advancing in employment; and
D. the individual's continuing need for ongoing employment support services to maintain or advance in employment going forward.
History
- Statutory Authority: MS s 268A.15
- History: 43 SR 993
Minn. R. 3300.6020 Case Record Documentation
Subpart 1. Case records.
An extended employment provider must maintain a current confidential case record for each individual served in the extended employment program. The provider shall retain each case record for a minimum of three years after the completion of the compliance audit process.
Subp. 2. Case record elements.
Case records must include the following information:
A. personal identification data, including the individual's legal name, Social Security number, legal status, date of birth, residential status and address, and, if applicable, the name and contact information of the individual's legal representative;
B. documentation of eligibility for extended employment, including:
C. pay statements from the individual's payroll agent demonstrating:
D. the date the individual was referred to the extended employment provider for extended employment services, the referral source, and the name and contact information of the person who made the referral;
E. employment data, including contact information for supervisors, job duties, work schedules, rate of pay, benefits, start dates, and termination dates;
F. the current extended employment support plan updated annually; and
G. the ongoing employment support services provided to the individual including, at a minimum, the date and services provided to the individual by the provider during the two in-person meetings per month.
Subp. 3. WIOA, section 511.
If an individual's employment requires an annual WIOA, section 511, career counseling session, then the case record must include documentation of that session.
History
- Statutory Authority: MS s 268A.15
- History: 43 SR 993
Minn. R. 3300.6025 Provider Reporting Requirements
Subpart 1. Individual data.
A provider must submit data requested by the commissioner, including identification and contact information, eligibility information, demographic information, intake and exit information, and work record data in a manner prescribed by the commissioner on each individual reported to the extended employment program.
Subp. 2. Work record data.
A provider must submit work record data evidenced by pay statements from an individual's employer in order to receive payment. Work record data must include:
A. start and end dates of the pay period or the month;
B. hours worked during the pay period or the month;
C. amount of gross wages paid during the pay period or the month;
D. type of subprogram where hours are reported;
E. payroll agent of record; and
F. job type, as an O*Net code.
Subp. 3. Monitoring.
The commissioner is authorized to conduct monitoring visits as a part of the contracting process to ensure the accuracy of reported data. The provider must make individual records and performance data available to the commissioner for monitoring. A provider may appeal the loss of hours and earnings resulting from the commissioner's assessment of allowable hours under part 3300.6065.
History
- Statutory Authority: MS s 268A.15
- History: 43 SR 993
Minn. R. 3300.6030 Requirements for Extended Employment Funding
Subpart 1. Requirements for funding.
To receive funding under the extended employment program, a community rehabilitation provider must:
A. be a public or nonprofit entity registered with the Minnesota secretary of state;
B. comply with Minnesota Statutes, sections 268A.06 to 268A.085, regarding requirements of the board;
C. hold accreditation in the CARF standards in this item.
D. maintain CARF conformance between CARF surveys.
Subp. 2. Funding in special circumstances.
A. If a community rehabilitation provider submits evidence of any of the circumstances listed in item B, the commissioner must grant funding under the extended employment program even if the requirements for funding in subpart 1 are not met. Funding under this subpart is only valid for up to one year and cannot be used in any two consecutive fiscal years.
B. The following are special circumstances warranting grant funding:
C. If a community rehabilitation provider is not a current extended employment provider and has been awarded a contract for new or expanded extended employment services and is in compliance with all requirements for funding except the requirement for accreditation by CARF, then the commissioner must grant funding under the extended employment program even if the CARF requirement for funding in subpart 1 is not met. If the provider is not accredited by CARF, the provider must demonstrate the likelihood that the provider will meet the requirements for accreditation by CARF and will receive accreditation within one year.
History
- Statutory Authority: MS s 268A.15
- History: 43 SR 993
Minn. R. 3300.6035 Funding
Subpart 1. Continuation funding.
A. Each fiscal year, a provider who held a contract with the commissioner for extended employment funding in the previous fiscal year, and maintains compliance with the requirements for funding, is eligible for continuation of the provider's funding within the limits of available appropriations for this purpose.
B. If a community rehabilitation provider held a contract for new or expanded services in the previous fiscal year, has met the identified outcomes of the new or expanded services within the time frame specified in the contract, and maintains compliance with the requirements for funding, then the provider is eligible for continuation of the provider's funding within the limits of available appropriations for this purpose.
Subp. 2. Starting point for initial extended employment contract allocations.
The starting point for a provider's initial extended employment contract allocation for each subprogram in a particular fiscal year must be determined by the provider's prior fiscal year extended employment contract allocation for each subprogram, as amended.
Subp. 3. Contracted allocation subprogram distribution.
A. The commissioner must specify a provider's funding allocation amount by subprogram in the provider's contract.
B. The starting point for a provider's allocation amount by subprogram in a new fiscal year contract is a provider's allocation amount by subprogram in the previous fiscal year contract.
C. A provider may adjust the distribution of the provider's total funding allocation among the subprograms in developing the new fiscal year contract as follows:
Subp. 4. Cap on funding for certain employment.
The commissioner must set a cap on employment that does not meet the definition of competitive, integrated employment for each provider. The cap for each provider is set as the sum of a provider's fiscal year 2020 contract allocations for the center-based employment subprogram and the community employment subprogram. The cap is effective beginning in state fiscal year 2021.
Subp. 5. Center-based employment subprogram phaseout.
A. Beginning in fiscal year 2021, the commissioner must reduce each provider's center-based employment subprogram contract allocation as described in this subpart. The basis for each provider's reduction each year is the provider's fiscal year 2020 center-based employment subprogram contract allocation.
B. A provider may shift the funds reduced from the center-based employment subprogram to either its community employment subprogram contract allocation or its supported employment subprogram contract allocation. The provider may also forfeit the funds. Of the funds reduced from the center-based employment subprogram allocation each year, no more than 50 percent of the funds can be shifted to the community employment subprogram.
History
- Statutory Authority: MS s 268A.15
- History: 43 SR 993
Minn. R. 3300.6040 Contract Adjustments
Subpart 1. Voluntary shifts.
After the extended employment contract has been executed, a provider may request voluntary shifts in the distribution of the total allocation amount among the subprograms. Voluntary shifts may be made according to the parameters in part 3300.6035, subpart 3, item C. A shift in the distribution of the allocation requires a renegotiated provider contract.
Subp. 2. Underproduction penalty.
A. After the compliance audit reconciliation process under part 3300.6060 for a previous fiscal year is complete, the commissioner must determine if a provider is subject to an underproduction penalty for a particular subprogram.
B. A provider is subject to an underproduction penalty for a particular subprogram when the provider's audited production for a particular subprogram in a fiscal year is less than 95 percent of the provider's allocation for that subprogram in the fiscal year.
C. An underproduction penalty means the commissioner must adjust a provider's subprogram allocation for that subprogram in the subsequent fiscal year's contract downward, except as provided by subpart 3.
D. The downward adjustment for that subprogram's allocation must be the audited subprogram production in the audited fiscal year plus five percent of the audited fiscal year's subprogram contract allocation.
Subp. 3. Waiver from underproduction penalty.
If a provider is subject to an underproduction penalty in a particular subprogram as described in subpart 2, the provider is eligible for either a one-year waiver or a catastrophic waiver from the underproduction penalty.
A. If a provider earns 90 percent to 95 percent of a subprogram allocation, the provider is eligible for a one-year waiver from the underproduction penalty for a particular subprogram. The commissioner must provide the waiver without a request process. A provider is ineligible to receive the one-year waiver for a particular subprogram in any two consecutive fiscal years. A provider is eligible for the one-year waiver in each particular subprogram.
B. If a provider earns less than 90 percent of a subprogram allocation and demonstrates it is experiencing an extraordinary and catastrophic circumstance under this item, the commissioner may issue a catastrophic waiver from the underproduction penalty.
History
- Statutory Authority: MS s 268A.15
- History: 43 SR 993
Minn. R. 3300.6045 Distribution of Available Funds
Subpart 1. Available funds.
The commissioner must distribute funds that become available due to any of the following:
A. a general increase in the state appropriation;
B. the underproduction penalty process as described in part 3300.6040; or
C. unspent funds due to termination of a contract.
Subp. 2. Distribution of available funds; considerations.
A. The commissioner must consider the factors in this subpart when determining which method of distribution of additional available funds under subpart 3 will be used.
B. When funds are available for distribution, the commissioner must distribute funds on a one-time basis, a time-limited basis, or by adding to a provider's subsequent year initial extended employment contract starting point.
Subp. 3. Distribution method; supported employment overproduction.
If the commissioner distributes available funds through the supported employment overproduction provision, the commissioner must distribute funds to extended employment providers that have overproduced in the supported employment subprogram based on a proportionate share of the total supported employment subprogram overproduction by all extended employment providers. Overproduction means an extended employment provider's audited supported employment subprogram hours exceed the provider's supported employment contract allocation in a given fiscal year.
Subp. 4. Distribution method; supported employment incentive.
If the commissioner distributes available funds through the supported employment incentive provision, the commissioner must distribute funds to extended employment providers based on each provider's audited supported employment hours divided by the total audited supported employment hours of all extended employment providers in the audited fiscal year.
Subp. 5. Distribution method; new or expanded services.
If the commissioner distributes available funds through the new or expanded services provision, the commissioner must develop and publish a request for proposals for new or expanded services. New or expanded services must only be to provide ongoing employment support services to individuals in competitive, integrated employment. Community rehabilitation providers may apply for distribution of available funds by responding to a request for proposals for new or expanded services issued by the commissioner.
A. In developing the request for proposals for new or expanded extended employment services, the commissioner shall consider how to foster innovation and promote state-of-the-art best practices in providing ongoing employment support services to individuals in competitive, integrated employment. The commissioner may waive program requirements as outlined in this chapter to conduct pilot projects, foster innovation, and promote state-of-the-art best practices in competitive, integrated employment.
B. The underproduction penalty in part 3300.6040 does not apply to a new or expanded services contract allocation. A contract for new or expanded services must include production goals within identified time frames. If a provider's audited production for the new or expanded services in an audited fiscal year is less than the production goals identified in the contract for new or expanded services, the provider must develop and implement a corrective action plan to meet the goals in the contract. The commissioner must approve and monitor the corrective action plan. If the provider does not administer extended employment services according to the corrective action plan approved by the commissioner, the commissioner must withdraw allocated state funds for new and expanded services under part 3300.6055.
Subp. 6. Distribution method; supported employment subprogram rate adjustment.
If the commissioner distributes available funds through a supported employment subprogram rate adjustment, the commissioner must use the available funds to adjust the statewide uniform reimbursement rates for the supported employment subprogram as provided under part 3300.6050.
History
- Statutory Authority: MS s 268A.15
- History: 43 SR 993
Minn. R. 3300.6050 Rates
A. The unit of distribution of extended employment program funding is the payment for one work hour performed by an eligible individual and reported to the commissioner in the extended employment program.
B. For each subprogram, the statewide uniform reimbursement rates apply for each reported work hour up to the maximum contracted allocation for that subprogram.
C. The commissioner must set statewide uniform reimbursement rates each fiscal year. The commissioner must determine rates by adjusting rates of the previous fiscal year in proportion to available funding. Rate increases are available for the supported employment subprogram only.
D. The commissioner must publish statewide uniform reimbursement rates for each subprogram as part of the information provided during the contracting process.
History
- Statutory Authority: MS s 268A.15
- History: 43 SR 993
Minn. R. 3300.6055 Withdrawal of Funds
Subpart 1. Criteria for withdrawal of allocated state funds.
The commissioner must withdraw allocated state funds from a provider when:
A. extended employment services are not being administered according to:
B. the provider has not complied with the commissioner's written requests to implement changes to extended employment services. An extended employment provider must submit information requested by the commissioner to carry out the duties in this chapter.
Subp. 2. Notice of withdrawal.
Except where there is an imminent danger to the health or safety of individuals, the commissioner must give written notice at least 45 days before allocated state funds may be withdrawn from a provider. The notice must state the reasons for the withdrawal of funds.
History
- Statutory Authority: MS s 268A.15
- History: 43 SR 993
Minn. R. 3300.6060 Provider Compliance Audit
Subpart 1. Compliance audit examinations conducted.
A. After June 30 of each year, each provider must undergo a compliance audit for the previous fiscal year. The audit must be conducted according to the requirements of this subpart and the commissioner's Compliance Audit Standards, which are incorporated by reference, not subject to frequent change, and available on the department's extended employment web page. The commissioner must review the compliance audit standards on an annual basis and seek the input of providers and independent auditors in the review of the standards. The commissioner must make updated standards available on the department's website no later than May 31 of each year.
B. The audit must be performed by independent auditors at the provider's expense.
C. The provider must submit a completed compliance audit report to the commissioner by October 31 of each year.
Subp. 2. Reconciliation payments.
Based on the results of the compliance audit, the commissioner must reconcile the value of reported work hours previously paid but found ineligible or work hours previously not paid but found eligible according to the provider's independent auditor's compliance audit report.
History
- Statutory Authority: MS s 268A.15
- History: 43 SR 993
Minn. R. 3300.6065 Pay and Benefits
A. An individual in the extended employment program who is self-employed must realize net income that is the equivalent or in excess of the hourly rate of pay required under the Minnesota Fair Labor Standards Act, Minnesota Statutes, chapter 177, and the federal Fair Labor Standards Act, when the number of hours worked is compared with the income realized. Self-employed individuals must pay timely self-employment taxes on income from employment and, if necessary during the provider's compliance examination, provide documentation of reported self-employment tax obligation.
B. An extended employment provider that is the employer of record for an individual must provide the following minimum personnel benefits:
History
- Statutory Authority: MS s 268A.15
- History: 43 SR 993
Minn. R. 3300.6070 Appeal Procedure
Subpart 1. Notice of intent to appeal.
A community rehabilitation provider appealing commissioner decisions must provide a written notice of intent to appeal to the commissioner. The written notice of intent to appeal must be received by the commissioner within 30 days from the date that the community rehabilitation provider received notice from the commissioner of the action that the community rehabilitation provider wishes to appeal. If the notice of intent to appeal is not received from the provider within the 30-day period, the decision of the commissioner is final. The notice of intent to appeal must state the grounds for the appeal, including facts and issues that will be addressed at a contested case hearing.
Subp. 2. Informal review.
Within 30 days after the commissioner receives a notice of intent to appeal, the commissioner shall contact the community rehabilitation provider and informally review the reasons for the appeal. The informal review by the commissioner may be oral or written. Before the end of the 30-day period for informal review, the commissioner must make a written decision regarding the community rehabilitation provider's appeal. The decision by the commissioner must state the commissioner's position on the issue under appeal, the basis of that position, and the community rehabilitation provider's right to request a contested case hearing.
Subp. 3. Contested case.
After the informal review under subpart 2, the community rehabilitation provider may make a written request for a contested case hearing before an administrative law judge as provided in Minnesota Statutes, sections 14.57 to 14.62. The written request for a contested case hearing must be received by the commissioner no more than 30 days after the date when the community rehabilitation provider received written notice of the decision of the commissioner following the informal review. Within 15 days from the date the commissioner receives a community rehabilitation provider's request for a contested case hearing, the commissioner must request the Office of Administrative Hearings to assign an administrative law judge to hear the appeal and schedule a hearing. The contested case hearing must be initiated and conducted according to Minnesota Statutes, sections 14.57 to 14.62.
Subp. 4. Decision.
The decision of the administrative law judge must be recommended for the commissioner's adoption. The commissioner's decision on the issue under appeal is the final decision.
History
- Statutory Authority: MS s 268A.15
- History: 43 SR 993
Chapter 3310 UNEMPLOYMENT APPEALS
Minn. R. 3310.0200 [Repealed, 22 SR 950]
[Repealed, 22 SR 950]
Minn. R. 3310.0300 [Repealed, 22 SR 950]
[Repealed, 22 SR 950]
Minn. R. 3310.0400 [Repealed, 13 SR 1057]
[Repealed, 13 SR 1057]
Minn. R. 3310.0500 [Repealed, 13 SR 1057]
[Repealed, 13 SR 1057]
Minn. R. 3310.0600 [Repealed, 22 SR 950]
[Repealed, 22 SR 950]
Minn. R. 3310.0700 [Repealed, 22 SR 950]
[Repealed, 22 SR 950]
Minn. R. 3310.0800 [Repealed, 22 SR 950]
[Repealed, 22 SR 950]
Minn. R. 3310.0900 [Repealed, 22 SR 950]
[Repealed, 22 SR 950]
Minn. R. 3310.1000 [Repealed, 22 SR 950]
[Repealed, 22 SR 950]
Minn. R. 3310.1100 [Repealed, 22 SR 950]
[Repealed, 22 SR 950]
Minn. R. 3310.1200 [Repealed, 22 SR 950]
[Repealed, 22 SR 950]
Minn. R. 3310.1300 [Repealed, 22 SR 950]
[Repealed, 22 SR 950]
Minn. R. 3310.1400 [Repealed, 22 SR 950]
[Repealed, 22 SR 950]
Minn. R. 3310.1500 [Repealed, L 1999 c 107 s 67]
[Repealed, L 1999 c 107 s 67]
Minn. R. 3310.1600 [Repealed, L 1999 c 107 s 67]
[Repealed, L 1999 c 107 s 67]
Minn. R. 3310.1700 [Repealed, L 1999 c 107 s 67]
[Repealed, L 1999 c 107 s 67]
Minn. R. 3310.1800 [Repealed, L 1999 c 107 s 67]
[Repealed, L 1999 c 107 s 67]
Minn. R. 3310.1900 [Repealed, L 1999 c 107 s 67]
[Repealed, L 1999 c 107 s 67]
Minn. R. 3310.2000 [Repealed, L 1999 c 107 s 67]
[Repealed, L 1999 c 107 s 67]
Minn. R. 3310.2100 [Repealed, L 1999 c 107 s 67]
[Repealed, L 1999 c 107 s 67]
Minn. R. 3310.2200 [Repealed, L 1999 c 107 s 67]
[Repealed, L 1999 c 107 s 67]
Minn. R. 3310.2300 [Repealed, 22 SR 950]
[Repealed, 22 SR 950]
Minn. R. 3310.2400 [Repealed, 22 SR 950]
[Repealed, 22 SR 950]
Minn. R. 3310.2500 [Repealed, 22 SR 950]
[Repealed, 22 SR 950]
Minn. R. 3310.2600 [Repealed, 22 SR 950]
[Repealed, 22 SR 950]
Minn. R. 3310.2700 [Repealed, 22 SR 950]
[Repealed, 22 SR 950]
Minn. R. 3310.2800 [Repealed, 22 SR 950]
[Repealed, 22 SR 950]
Minn. R. 3310.2900 [Repealed, 12 SR 2252]
[Repealed, 12 SR 2252]
Minn. R. 3310.2901 Scope and Purpose
Parts 3310.2901 to 3310.2924 establish procedures for hearings conducted by unemployment law judges following:
A. appeals of all department determinations including determinations on benefit accounts, eligibility or ineligibility for unemployment benefits, employers' tax rate, an employer's liability to pay taxes, and fraudulent payment of unemployment benefits; or
B. referrals for direct hearing under Minnesota Statutes, section 268.101, subdivision 3a.
History
- Statutory Authority: MS s 14.386; 14.388; 116J.035; 268.0122; 268.021; 268.10; 268.105
- History: 12 SR 2252; L 1997 c 66 s 79,80; 22 SR 950; L 1999 c 107 s 66; L 2000 c 343 s 4; 31 SR 285; 33 SR 999; 39 SR 151
Minn. R. 3310.2902 Definitions
Subpart 1. Scope.
For purposes of parts 3310.2901 to 3310.2924, the terms defined in this part have the meanings given them.
Subp. 2.
[Repealed, 39 SR 151]
Subp. 3.
[Repealed, 33 SR 999]
Subp. 3a. Applicant.
"Applicant" means an individual who has filed an application for unemployment benefits and has established or is pursuing the establishment of a benefit account.
Subp. 4. Department.
"Department" means the Department of Employment and Economic Development.
Subp. 4a. Electronic transmission.
"Electronic transmission" means a communication that is sent online, by telephone, or by facsimile.
Subp. 4b. Hearing.
"Hearing" means the evidentiary hearing authorized under Minnesota Statutes, section 268.105, subdivision 1.
Subp. 5. Party.
"Party" means any applicant or employer whose legal rights, duties, or privileges will be directly determined in a hearing.
History
- Statutory Authority: MS s 14.386; 14.388; 116J.035; 268.0122; 268.021; 268.10; 268.105
- History: 12 SR 2252; L 1994 c 483 s 1; L 1997 c 66 s 80; 22 SR 950; L 1999 c 107 s 66; L 2000 c 343 s 4; L 2005 c 112 art 2 s 41; 31 SR 285; 33 SR 999; 39 SR 151
Minn. R. 3310.2903 [Repealed, L 2004 c 206 c 53]
[Repealed, L 2004 c 206 c 53]
Minn. R. 3310.2904 [Repealed, L 2004 c 206 c 53]
[Repealed, L 2004 c 206 c 53]
Minn. R. 3310.2905 Notice of Hearing
Subpart 1.
[Repealed, L 2004 c 206 s 53]
Subp. 2. Notice.
The chief unemployment law judge must send a notice of hearing, by mail or electronic transmission, to each party at least ten calendar days before the scheduled date of hearing unless notice is waived by the parties. The notice must state the time, date, method by which the hearing will be conducted, and issues to be considered at the hearing. If the issue to be considered at the hearing involves ineligibility for unemployment benefits because of a separation from employment, the notice must explain that the parties should be prepared to discuss all incidents that arose during the course of the employment that led to the separation. The notice of hearing must also include materials that provide the following information:
A. a statement that the purpose of the hearing is to take sworn testimony and other evidence on the issues involved, that the hearing is the only procedure available under the law at which a party may present evidence, and that further appeals consist of a review of the evidence submitted at the hearing;
B. a statement of the parties' right to represent themselves or to be represented by an attorney or other authorized representative;
C. a brief description of the procedure to be followed at the hearing, including the role of the unemployment law judge;
D. a statement that the parties should arrange in advance for the participation of witnesses they need to support their position;
E. a statement that a party may find out the name of the other party's attorney or other representative and names of the witnesses that the other party intends to have testify at the hearing, and an explanation of the process for making the request;
F. a statement that subpoenas may be available to compel the participation of witnesses or the production of documents, and an explanation of the process for requesting a subpoena;
G. a statement that documents contained in the department's records, and documents submitted by the parties that will be introduced at the hearing as possible exhibits will be sent to the parties in advance of the hearing;
H. a statement that even if the applicant already received unemployment benefits, it is important to participate in the hearing, because if the applicant is held ineligible, the applicant will not be able to receive further benefits and the applicant will have to pay back the benefits already received;
I. a statement that the unemployment law judge will determine the facts based upon a preponderance of the evidence along with the statutory definition of "preponderance of the evidence";
J. a statement that a party who fails to participate in the hearing will not be allowed a rehearing unless the party can show good cause for failing to participate, along with the statutory definition of "good cause"; and
K. a statement that an applicant, if unemployed, must file weekly continued requests for unemployment benefits while the appeal is pending.
History
- Statutory Authority: MS s 14.386; 14.388; 116J.035; 268.021; 268.10; 268.105
- History: 12 SR 2252; L 2004 c 206 s 53; 31 SR 285; 33 SR 999; 39 SR 151
Minn. R. 3310.2906 [Repealed, L 2004 c 206 c 53]
[Repealed, L 2004 c 206 c 53]
Minn. R. 3310.2907 [Repealed, L 2004 c 206 c 53]
[Repealed, L 2004 c 206 c 53]
Minn. R. 3310.2908 Rescheduling and Continuances
Subpart 1. Rescheduling.
Requests to reschedule a hearing must be addressed to the chief unemployment law judge in advance of the regularly scheduled hearing date. The request may be made in person, by telephone or other electronic transmission, or by mail. A hearing must be rescheduled based on a party's need for additional time to obtain necessary evidence or to obtain representation or adequately prepare, inability to participate due to illness, or other compelling reasons beyond the control of the party that prevent participation at the originally scheduled time. A hearing may be rescheduled only once by each party except in the case of an emergency. If requested, a written statement by mail or electronic transmission confirming the reasons for requesting that the case be rescheduled must be provided to the chief unemployment law judge.
The ten-calendar-day notice requirement for hearings does not apply to rescheduled hearings.
Subp. 2. Continuances.
If a request for rescheduling is made because of the unavailability of a witness or the need to obtain documents, the unemployment law judge may direct that the hearing take place as scheduled. After obtaining the testimony and other evidence then available, the unemployment law judge must determine whether the hearing should be continued to obtain the testimony of the unavailable witness or the unavailable documents. The ten-calendar-day notice requirement for hearings does not apply to continued hearings.
The unemployment law judge has the discretion to continue a hearing if the judge determines that additional evidence is necessary for a proper result.
History
- Statutory Authority: MS s 14.386; 14.388; 116J.035; 268.021; 268.10; 268.105
- History: 12 SR 2252; 31 SR 285; 33 SR 999; 39 SR 151
Minn. R. 3310.2909 [Repealed, L 2004 c 206 c 53]
[Repealed, L 2004 c 206 c 53]
Minn. R. 3310.2910 Consolidation of Issues and New Issues
Upon the request of a party or on the unemployment law judge's motion, the judge may consolidate for hearing issues involving the same parties. The unemployment law judge may take testimony and render a decision on issues not listed on the notice of hearing if each party is notified on the record, is advised of the right to object, and does not object. If a party objects, the unemployment law judge must:
A. continue the hearing to allow the party to prepare for consideration of the issue; or
B. direct the department to address the issue and send to the parties a determination by mail or electronic transmission.
History
- Statutory Authority: MS s 14.386; 14.388; 116J.035; 268.021; 268.10; 268.105
- History: 12 SR 2252; L 1997 c 66 s 80; L 1999 c 107 s 66; L 2000 c 343 s 4; 31 SR 285; 33 SR 999; 39 SR 151
Minn. R. 3310.2911 Interpreters
The chief unemployment law judge must provide an interpreter, when necessary, upon the request of a party. The requesting party must notify the chief unemployment law judge at least five calendar days before the date of the hearing that an interpreter is required. The unemployment law judge must continue any hearing where a witness or party needs an interpreter in order to be understood or to understand the proceedings.
All notices and other written materials sent to parties must be prepared in easily understood English.
A written statement in English, Spanish, Vietnamese, Somali, and Hmong which states that the accompanying documents are important, and that if the reader does not understand the documents, the reader should seek immediate assistance, must accompany all notices and written materials sent to the parties.
History
- Statutory Authority: MS s 14.386; 14.388; 116J.035; 268.021; 268.10; 268.105
- History: 12 SR 2252; 31 SR 285; L 2005 c 56 s 2; 39 SR 151
Minn. R. 3310.2912 Exhibits in Hearings
Upon receipt of the notice of hearing, and no later than five calendar days before the scheduled date of hearing, parties may submit to the chief unemployment law judge, by electronic transmission or mail, any documents a party would like to offer as exhibits at the hearing. Copies of the documents submitted by the parties, as well as all documents that are contained in the department's records that will be introduced as exhibits, must be mailed, or sent by electronic transmission, to all parties or the parties' representatives by the chief unemployment law judge in advance of the hearing.
If a party requests to introduce additional documents during the course of the hearing, and the unemployment law judge rules that the documents should be considered, the requesting party must provide copies of the documents to the unemployment law judge and the other party. The record must be left open for sufficient time for the submission of a written response to the documents. The response may be sent by mail or electronic transmission. The unemployment law judge may, when appropriate, reconvene the hearing to obtain a response or permit cross-examination regarding the late filed exhibits.
History
- Statutory Authority: MS s 14.386; 14.388; 116J.035; 268.021; 268.10; 268.105
- History: 12 SR 2252; 31 SR 285; 33 SR 999; 39 SR 151
Minn. R. 3310.2913 Access to Data
The parties to a hearing must be allowed reasonable access to department data necessary to represent themselves in the hearing. Access to data must be consistent with all laws relating to data practices. The data must be provided by the chief unemployment law judge at no cost and mailed or sent by electronic transmission to the party or the party's representative.
History
- Statutory Authority: MS s 14.386; 14.388; 116J.035; 268.0122; 268.021; 268.10; 268.105
- History: 12 SR 2252; L 1997 c 66 s 79; 22 SR 950; 31 SR 285; 33 SR 999; 39 SR 151
Minn. R. 3310.2914 Subpoenas and Discovery
Subpart 1. Subpoenas.
The unemployment law judge may issue subpoenas to compel the attendance of witnesses, the production of documents or other exhibits, upon a showing of necessity by the requesting party. Requests for issuance of subpoenas must be made to the chief unemployment law judge, by electronic transmission or mail, sufficiently in advance of the scheduled hearing to allow for the service of the subpoenas. The requesting party must identify the person or documents to be subpoenaed, the subject matter of the evidence requested, and their necessity. A request for a subpoena may be denied if the testimony or documents sought would be irrelevant, immaterial, or unduly cumulative or repetitious.
If a request for a subpoena has been denied, the unemployment law judge must reconsider the request during the hearing and determine whether the request was properly denied. If the unemployment law judge determines that the request for a subpoena was not properly denied, the judge must continue the hearing to allow for service of and compliance with the subpoena.
The unemployment law judge may issue a subpoena even if a party has not requested one.
Subp. 2. Discovery.
Each party, within five calendar days following request by another party, must disclose the name of the party's attorney or other representative and the names of all witnesses the party intends to have testify at the hearing. The request and the response may be made by mail or by electronic transmission. Any witnesses unknown at the time of the request must be disclosed as soon as they become known. If a party fails to comply with the disclosure requirements, the unemployment law judge may, upon notice to the parties, continue the hearing.
History
- Statutory Authority: MS s 14.386; 14.388; 116J.035; 268.021; 268.10; 268.105
- History: 12 SR 2252; 31 SR 285; 39 SR 151
Minn. R. 3310.2915 Disqualification of Unemployment Law Judge
An unemployment law judge must request to be removed from any case by the chief unemployment law judge where the judge believes that presiding over the case would create the appearance of impropriety. The chief unemployment law judge must remove an unemployment law judge from any case where the unemployment law judge has a relationship that would disqualify the judge under Rule 2.11 (A)(2) of the Judicial Code of Conduct, including the definitions provided in the terminology section. The chief unemployment law judge must remove an unemployment law judge from any case if the judge has a financial or personal interest in the outcome.
Any party may request the removal of an unemployment law judge by submitting to the chief unemployment law judge, by mail or electronic transmission, a written statement of the basis for removal. The chief unemployment law judge must decide the fitness of the unemployment law judge to hear the particular case.
History
- Statutory Authority: MS s 14.386; 14.388; 116J.035; 268.021; 268.10; 268.105
- History: 12 SR 2252; 31 SR 285; 33 SR 999; 39 SR 151
Minn. R. 3310.2916 Representation Before Unemployment Law Judge
In a hearing before an unemployment law judge, a party may be self-represented or represented by an attorney or an authorized representative. Except for an attorney-at-law, no person may charge an applicant a fee of any kind.
An unemployment law judge may refuse to allow a person to represent others in a hearing if that person acts in an unethical manner or repeatedly fails to follow the instructions of the judge.
History
- Statutory Authority: MS s 14.386; 14.388; 116J.035; 268.021; 268.10; 268.105
- History: 12 SR 2252; 31 SR 285; 33 SR 999; 39 SR 151
Minn. R. 3310.2917 Public Access to Hearings and Recording of Hearings
Subpart 1. Public access not permitted.
Hearings are not public. Only parties, their representatives and witnesses, and authorized department personnel are permitted to participate in or listen to hearings. If any other person wishes to listen to or sit in on a hearing, the parties must provide their consent as required by Minnesota Statutes, section 13.05, subdivision 4.
Subp. 2. Recording.
The unemployment law judge must make a recording of all testimony that is the official record. No other voice recordings or pictures may be made of any party, representative, or witness during the hearing.
History
- Statutory Authority: MS s 14.386; 14.388; 116J.035; 268.021; 268.10; 268.105
- History: 12 SR 2252; 31 SR 285; 39 SR 151
Minn. R. 3310.2918 [Repealed, L 2004 c 206 c 53]
[Repealed, L 2004 c 206 c 53]
Minn. R. 3310.2919 [Repealed, 39 SR 151]
[Repealed, 39 SR 151]
Minn. R. 3310.2920 Administration of Oath or Affirmation
An unemployment law judge has authority to administer oaths and affirmations. Before testifying, every witness is required to declare to testify truthfully, by oath or affirmation. Minnesota Statutes, sections 358.07 and 358.08, provide the form of the oath or affirmation.
History
- Statutory Authority: MS s 14.386; 14.388; 116J.035; 268.021; 268.10; 268.105
- History: 12 SR 2252; 31 SR 285; 39 SR 151
Minn. R. 3310.2921 Conduct of Hearing
The chief unemployment law judge has discretion regarding the method by which the hearing is conducted. The hearing must be conducted by an unemployment law judge as an evidence-gathering inquiry, without regard to a burden of proof. The order of presentation of evidence is determined by the unemployment law judge.
Each party may present and examine witnesses and offer their own documents or other exhibits. Parties have the right to examine witnesses, object to exhibits and testimony, and cross-examine the other party's witnesses. The unemployment law judge must assist all parties in the presentation of evidence. The unemployment law judge must rule upon evidentiary objections on the record. The unemployment law judge must permit rebuttal testimony. Parties have the right to make closing statements. Closing statements may include comments based upon the evidence and arguments of law. The unemployment law judge may limit repetitious testimony and arguments.
The unemployment law judge must exercise control over the hearing procedure in a manner that protects the parties' rights to a fair hearing, including the sequestration of witnesses to avoid prejudice or collusion. The unemployment law judge must ensure that all relevant facts are clearly and fully developed. The unemployment law judge may obtain testimony and other evidence from department employees and any other person the judge believes will assist the judge in reaching a proper result.
Before taking testimony, the unemployment law judge must inform the parties of the following:
A. that the purpose of the hearing is to take testimony and other evidence on the issues;
B. that the hearing is the only opportunity available to the parties to present testimony and other evidence on the issues involved;
C. an explanation of how the hearing will be conducted, including the role and obligations of the unemployment law judge;
D. that the parties have the right to request that the hearing be continued so that additional witnesses and documents can be presented, by subpoena if necessary;
E. that the facts will be determined upon a preponderance of the evidence, along with the statutory definition of "preponderance of the evidence";
F. the statutory provision on burden of proof;
G. that certain government agencies may have access to the information provided at the hearing if allowed by statute and that the information provided may be disclosed under a district court order; and
H. that after the hearing is over, the unemployment law judge will issue a written decision, which will be sent to the parties by mail or electronic transmission.
History
- Statutory Authority: MS s 14.386; 14.388; 116J.035; 268.021; 268.10; 268.105
- History: 12 SR 2252; L 1997 c 66 s 79; 31 SR 285; 33 SR 999; 39 SR 151
Minn. R. 3310.2922 Receipt of Evidence
Only evidence received into the record of any hearing may be considered by the unemployment law judge. The parties may stipulate to the existence of any fact or the authenticity of any exhibit.
All competent, relevant, and material evidence, including records and documents in the possession of the parties that are offered into evidence, are part of the hearing record. An unemployment law judge may receive any evidence that possesses probative value, including hearsay, if it is the type of evidence on which reasonable, prudent persons are accustomed to rely in the conduct of their serious affairs. An unemployment law judge may exclude any evidence that is irrelevant, immaterial, unreliable, or unduly repetitious. An unemployment law judge is not bound by statutory and common law rules of evidence. The rules of evidence may be used as a guide in determining the quality of evidence offered. An unemployment law judge may draw adverse inferences from the refusal of a party or witness to testify on the basis of any privilege. An unemployment law judge may only use reliable, probative, and substantial evidence as a basis for decision.
History
- Statutory Authority: MS s 14.386; 14.388; 116J.035; 268.021; 268.10; 268.105
- History: 12 SR 2252; 31 SR 285; 33 SR 999; 39 SR 151
Minn. R. 3310.2923 Official Notice
An unemployment law judge may take official notice of matters of common knowledge and may take notice of facts within the judge's specialized knowledge in the field of unemployment insurance. The unemployment law judge must state on the record any fact that is judicially noticed. The unemployment law judge must give the parties an opportunity to contest the noticed facts.
History
- Statutory Authority: MS s 14.386; 14.388; 116J.035; 268.021; 268.10; 268.105
- History: 12 SR 2252; L 1997 c 66 s 80; L 1999 c 107 s 66; L 2000 c 343 s 4; 31 SR 285; 33 SR 999; 39 SR 151
Minn. R. 3310.2924 Ex Parte Communications
Private communication between an unemployment law judge assigned to conduct the hearing and one of the parties, in the absence of the other party, is forbidden if it relates to the substance of the matter at issue. Private communication is to be avoided even when it does not relate to the subject matter of the hearing if it would create the appearance of impropriety.
History
- Statutory Authority: MS s 14.386; 14.388; 116J.035; 268.021; 268.10; 268.105
- History: 12 SR 2252; 31 SR 285; 39 SR 151
Minn. R. 3310.2925 [Repealed, 33 SR 999]
[Repealed, 33 SR 999]
Minn. R. 3310.2926 [Repealed, L 2005 c 112 art 2 s 42]
[Repealed, L 2005 c 112 art 2 s 42]
Minn. R. 3310.2927 [Repealed, 22 SR 950]
[Repealed, 22 SR 950]
Minn. R. 3310.2928 [Repealed, 22 SR 950]
[Repealed, 22 SR 950]
Minn. R. 3310.3000 [Repealed, 22 SR 950]
[Repealed, 22 SR 950]
Minn. R. 3310.3100 [Repealed, 22 SR 950]
[Repealed, 22 SR 950]
Minn. R. 3310.3200 [Repealed, 22 SR 950]
[Repealed, 22 SR 950]
Minn. R. 3310.3300 [Repealed, 22 SR 950]
[Repealed, 22 SR 950]
Minn. R. 3310.3400 [Repealed, 22 SR 950]
[Repealed, 22 SR 950]
Minn. R. 3310.3500 [Repealed, 12 SR 2252]
[Repealed, 12 SR 2252]
Minn. R. 3310.3600 [Repealed, 12 SR 2252]
[Repealed, 12 SR 2252]
Minn. R. 3310.3700 [Repealed, 22 SR 950]
[Repealed, 22 SR 950]
Minn. R. 3310.3800 [Repealed, 22 SR 950]
[Repealed, 22 SR 950]
Minn. R. 3310.3900 [Repealed, 22 SR 950]
[Repealed, 22 SR 950]
Minn. R. 3310.4000 [Repealed, 22 SR 950]
[Repealed, 22 SR 950]
Minn. R. 3310.4100 [Repealed, 12 SR 2252]
[Repealed, 12 SR 2252]
Minn. R. 3310.4200 [Repealed, 12 SR 2252]
[Repealed, 12 SR 2252]
Minn. R. 3310.4300 [Repealed, 12 SR 2252]
[Repealed, 12 SR 2252]
Minn. R. 3310.4400 [Repealed, 12 SR 2252]
[Repealed, 12 SR 2252]
Minn. R. 3310.4500 [Repealed, 22 SR 950]
[Repealed, 22 SR 950]
Minn. R. 3310.4600 [Repealed, 22 SR 950]
[Repealed, 22 SR 950]
Minn. R. 3310.4700 [Repealed, 22 SR 950]
[Repealed, 22 SR 950]
Minn. R. 3310.4800 [Repealed, 22 SR 950]
[Repealed, 22 SR 950]
Minn. R. 3310.4900 [Repealed, 12 SR 2252]
[Repealed, 12 SR 2252]
Minn. R. 3310.5000 [Repealed, L 2005 c 112 art 2 s 42]
[Repealed, L 2005 c 112 art 2 s 42]
Minn. R. 3310.5100 [Repealed, L 1999 c 107 s 67]
[Repealed, L 1999 c 107 s 67]
Minn. R. 3310.5200 [Repealed, 22 SR 950]
[Repealed, 22 SR 950]
Minn. R. 3310.5300 [Repealed, 12 SR 2252]
[Repealed, 12 SR 2252]
Minn. R. 3310.5400 [Repealed, 22 SR 950]
[Repealed, 22 SR 950]
Minn. R. 3310.5500 [Repealed, 22 SR 950]
[Repealed, 22 SR 950]
Minn. R. 3310.5600 [Repealed, 22 SR 950]
[Repealed, 22 SR 950]
Minn. R. 3310.5700 [Repealed, 22 SR 950]
[Repealed, 22 SR 950]
Minn. R. 3310.5800 [Repealed, L 1999 c 107 s 67]
[Repealed, L 1999 c 107 s 67]
Chapter 3315 UNEMPLOYMENT INSURANCE EMPLOYER TAXES
Minn. R. 3315.0100 [Repealed, L 2004 c 206 s 53]
[Repealed, L 2004 c 206 s 53]
Minn. R. 3315.0200 Repealed by subpart
Subpart 1.
[Repealed, L 2014 c 251 art 2 s 25; 39 SR 151]
Subp. 2.
[Repealed, 13 SR 1057]
Subp. 3.
[Repealed, 13 SR 1057]
Subp. 4.
[Repealed, 13 SR 1057]
Minn. R. 3315.0202 [Repealed, L 2004 c 206 s 53]
[Repealed, L 2004 c 206 s 53]
Minn. R. 3315.0203 [Repealed, L 2014 c 251 art 2 s 25; 39 SR 151]
[Repealed, L 2014 c 251 art 2 s 25; 39 SR 151]
Minn. R. 3315.0210 [Repealed, L 2007 c 128 art 4 s 6]
[Repealed, L 2007 c 128 art 4 s 6]
Minn. R. 3315.0211 [Repealed, L 2014 c 251 art 2 s 25; 39 SR 151]
[Repealed, L 2014 c 251 art 2 s 25; 39 SR 151]
Minn. R. 3315.0212 Repealed by subpart
Subpart 1.
[Repealed, L 2014 c 251 art 2 s 25]
Subp. 2.
[Repealed, L 2014 c 251 art 2 s 25; 39 SR 151]
Subp. 3.
[Repealed, L 2014 c 251 art 2 s 25; 39 SR 151]
Minn. R. 3315.0213 [Repealed, L 2014 c 251 art 2 s 25; 39 SR 151]
[Repealed, L 2014 c 251 art 2 s 25; 39 SR 151]
Minn. R. 3315.0220 [Repealed, L 2007 c 128 art 4 s 6]
[Repealed, L 2007 c 128 art 4 s 6]
Minn. R. 3315.0300 [Renumbered 3315.0211]
[Renumbered 3315.0211]
Minn. R. 3315.0400 [Renumbered 3315.0213]
[Renumbered 3315.0213]
Minn. R. 3315.0500 [Renumbered 3315.0212]
[Renumbered 3315.0212]
Minn. R. 3315.0501 Definitions
Subpart 1. Scope.
For the purpose of parts 3315.0501 to 3315.0555 the following terms have the meaning given to them.
Subp. 2. Control.
"Control" is the power to instruct, direct, or regulate the activities of an individual whether or not the power is exercised.
Subp. 3.
[Repealed, L 2004 c 206 s 53]
Subp. 4.
[Repealed, L 2004 c 206 s 53]
Subp. 5.
[Repealed, L 2004 c 206 s 53]
History
- Statutory Authority: MS s 268.021
- History: 13 SR 1057; L 2004 c 206 s 53
Minn. R. 3315.0510 [Repealed, L 2004 c 206 s 53]
[Repealed, L 2004 c 206 s 53]
Minn. R. 3315.0515 [Repealed, L 2007 c 128 art 4 s 6]
[Repealed, L 2007 c 128 art 4 s 6]
Minn. R. 3315.0520 [Repealed, L 2007 c 128 art 4 s 6]
[Repealed, L 2007 c 128 art 4 s 6]
Minn. R. 3315.0525 [Repealed, L 2007 c 128 art 4 s 6]
[Repealed, L 2007 c 128 art 4 s 6]
Minn. R. 3315.0530 Repealed by subpart
Subpart 1.
[Repealed, L 2004 c 206 s 53]
Subp. 2.
[Repealed, L 2007 c 128 art 4 s 6]
Subp. 3.
[Repealed, L 2007 c 128 art 4 s 6]
Subp. 4.
[Repealed, L 2007 c 128 art 4 s 6]
Subp. 5.
[Repealed, L 2007 c 128 art 4 s 6]
Subp. 6.
[Repealed, L 2007 c 128 art 4 s 6]
Minn. R. 3315.0535 [Repealed, L 2004 c 206 s 53]
[Repealed, L 2004 c 206 s 53]
Minn. R. 3315.0540 [Repealed, L 2007 c 128 art 4 s 6]
[Repealed, L 2007 c 128 art 4 s 6]
Minn. R. 3315.0545 [Repealed, L 2004 c 206 s 53]
[Repealed, L 2004 c 206 s 53]
Minn. R. 3315.0550 [Repealed, L 2007 c 128 art 4 s 6]
[Repealed, L 2007 c 128 art 4 s 6]
Minn. R. 3315.0555 Determining Worker Status
Subpart 1. Factors.
When determining whether an individual is an employee or an independent contractor, five factors must be considered and weighed within a particular set of circumstances. The five factors to be considered are:
A. the right or the lack of the right to control the means and manner of performance;
B. the right to discharge the worker without incurring liability for damages;
C. the mode of payment;
D. furnishing of materials and tools; and
E. control over the premises where the services are performed. The two most important factors are items A and B. Other factors, not specifically identified in this part, may be considered if the outcome is inconclusive when applying the factors in items A to E. The degree of their importance may vary depending upon the occupation or work situation being considered and why the factor is present in the particular situation.
Subp. 2.
[Repealed, L 2012 c 201 art 3 s 16]
Subp. 3.
[Repealed, L 2012 c 201 art 3 s 16]
Subp. 4.
[Repealed, L 2012 c 201 art 3 s 16]
Subp. 5.
[Repealed, L 2004 c 206 s 53]
History
- Statutory Authority: MS s 14.386; 14.388; 116J.035; 268.021; 268.105
- History: 13 SR 1057; 17 SR 1279; L 2004 c 206 s 53; 31 SR 285; L 2012 c 201 art 3 s 16; 39 SR 151; L 2016 c 189 art 10 s 7
Minn. R. 3315.0600 [Renumbered 3315.0220]
[Renumbered 3315.0220]
Minn. R. 3315.0700 [Renumbered 3315.0501]
[Renumbered 3315.0501]
Minn. R. 3315.0800 [Renumbered 3315.0555, subpart 5]
[Renumbered 3315.0555, subpart 5]
Minn. R. 3315.0801 [Repealed, L 2014 c 251 art 2 s 25; 39 SR 151]
[Repealed, L 2014 c 251 art 2 s 25; 39 SR 151]
Minn. R. 3315.0805 [Repealed, L 2014 c 251 art 2 s 25; 39 SR 151]
[Repealed, L 2014 c 251 art 2 s 25; 39 SR 151]
Minn. R. 3315.0810 [Repealed, L 2014 c 251 art 2 s 25; 39 SR 151]
[Repealed, L 2014 c 251 art 2 s 25; 39 SR 151]
Minn. R. 3315.0815 [Repealed, L 2014 c 251 art 2 s 25; 39 SR 151]
[Repealed, L 2014 c 251 art 2 s 25; 39 SR 151]
Minn. R. 3315.0820 [Repealed, L 2014 c 251 art 2 s 25; 39 SR 151]
[Repealed, L 2014 c 251 art 2 s 25; 39 SR 151]
Minn. R. 3315.0825 [Repealed, L 2014 c 251 art 2 s 25; 39 SR 151]
[Repealed, L 2014 c 251 art 2 s 25; 39 SR 151]
Minn. R. 3315.0830 [Repealed, L 2014 c 251 art 2 s 25; 39 SR 151]
[Repealed, L 2014 c 251 art 2 s 25; 39 SR 151]
Minn. R. 3315.0835 [Repealed, L 2014 c 251 art 2 s 25; 39 SR 151]
[Repealed, L 2014 c 251 art 2 s 25; 39 SR 151]
Minn. R. 3315.0840 [Repealed, L 2014 c 251 art 2 s 25; 39 SR 151]
[Repealed, L 2014 c 251 art 2 s 25; 39 SR 151]
Minn. R. 3315.0845 [Repealed, L 2014 c 251 art 2 s 25; 39 SR 151]
[Repealed, L 2014 c 251 art 2 s 25; 39 SR 151]
Minn. R. 3315.0900 [Renumbered 3315.0555, subpart 4]
[Renumbered 3315.0555, subpart 4]
Minn. R. 3315.0901 [Repealed, L 2014 c 251 art 2 s 25; 39 SR 151]
[Repealed, L 2014 c 251 art 2 s 25; 39 SR 151]
Minn. R. 3315.0905 [Repealed, L 2014 c 251 art 2 s 25; 39 SR 151]
[Repealed, L 2014 c 251 art 2 s 25; 39 SR 151]
Minn. R. 3315.0910 Repealed by subpart
Subpart 1.
[Repealed, L 2007 c 128 art 4 s 6]
Subp. 2.
[Repealed, L 2007 c 128 art 4 s 6]
Subp. 3.
[Repealed, L 2007 c 128 art 4 s 6]
Subp. 4.
[Repealed, L 2007 c 128 art 4 s 6]
Subp. 5.
[Repealed, L 2007 c 128 art 4 s 6]
Subp. 6.
[Repealed, L 2007 c 128 art 4 s 6]
Subp. 7.
[Repealed, L 2007 c 128 art 4 s 6]
Subp. 8.
[Repealed, L 2007 c 128 art 4 s 6]
Subp. 9.
[Repealed, L 2005 c 112 art 2 s 42]
Minn. R. 3315.0915 [Repealed, L 2004 c 206 s 53]
[Repealed, L 2004 c 206 s 53]
Minn. R. 3315.0920 [Repealed, L 2004 c 206 s 53]
[Repealed, L 2004 c 206 s 53]
Minn. R. 3315.1000 Repealed by subpart
Subpart 1.
[Renumbered 3315.0555, subpart 3]
Subp. 2.
[Renumbered 3315.0555, subpart 3, item A]
Subp. 3.
[Renumbered 3315.0555, subpart 3, item B]
Subp. 4.
[Renumbered 3315.0555, subpart 3, item C]
Subp. 5.
[Renumbered 3315.0555, subpart 3, item D]
Subp. 6.
[Renumbered 3315.0555, subpart 3, item E]
Subp. 7.
[Renumbered 3315.0555, subpart 3, item F]
Subp. 8.
[Renumbered 3315.0555, subpart 3, item G]
Subp. 9.
[Renumbered 3315.0555, subpart 3, item H]
Subp. 10.
[Renumbered 3315.0555, subpart 3, item I]
Subp. 11.
[Renumbered 3315.0555, subpart 3, item J]
Subp. 12.
[Renumbered 3315.0555, subpart 3, item K]
Subp. 13.
[Renumbered 3315.0555, subpart 3, item L]
Subp. 14.
[Renumbered 3315.0555, subpart 3, item M]
Minn. R. 3315.1001 Scope
Parts 3315.1001 and 3315.1010 clarify an employer's duty with regard to records as required under Minnesota Statutes, section 268.186.
History
- Statutory Authority: MS s 14.386; 14.388; 116J.035; 268.021; 268.105
- History: 13 SR 1057; 31 SR 285; 33 SR 999; 39 SR 151
Minn. R. 3315.1005 Repealed by subpart
Subpart 1.
[Repealed, L 2007 c 128 art 4 s 6]
Subp. 2.
[Repealed, L 2004 c 206 s 53]
Subp. 3.
[Repealed, L 2007 c 128 art 4 s 6]
Minn. R. 3315.1010 Records
Subpart 1. Record keeping.
Each employer must establish, maintain, and preserve records with respect to individuals performing services for it. The records must be preserved for a period of not less than four years in addition to the current calendar year. The records must show for each individual the following:
A. name;
B. Social Security number;
C. days and the number of hours each day in which the individual performed services;
D. location where services were performed;
E. wages paid and wages due but not paid for services;
F. rate of pay;
G. amounts paid as allowances or reimbursement for travel or other activity which were not included as wages. The records must show each item of expense incurred during each pay period or calendar month; and
H. the complete resident address.
Subp. 2. Instate and outstate.
For services performed both in Minnesota and outside Minnesota the records required by subpart 1 must include:
A. the state in which the employer maintains a base of operations used by the individual;
B. the state from which the services are directed and controlled; and
C. a list of the states in which the individual performs services, other than temporary or incidental services, and the dates services were performed in each state.
Subp. 3. Covered and noncovered employment.
For services performed in both covered employment and noncovered employment within a pay period the records required by subpart 1 must include the hours spent performing services in covered employment and the hours spent performing noncovered employment.
History
- Statutory Authority: MS s 14.386; 14.388; 116J.035; 268.021; 268.105
- History: 13 SR 1057; 31 SR 285; 33 SR 999; L 2014 c 251 art 2 s 24; 39 SR 151
Minn. R. 3315.1015 Repealed by subpart
Subpart 1.
[Repealed, L 2004 c 206 s 53]
Subp. 2.
[Repealed, L 2004 c 206 s 53]
Subp. 3.
[Repealed, L 2004 c 206 s 53]
Subp. 4.
[Repealed, L 2003 1Sp3 art 2 s 21]
Minn. R. 3315.1020 [Repealed, L 2005 c 112 art 1 s 16]
[Repealed, L 2005 c 112 art 1 s 16]
Minn. R. 3315.1100 Repealed by subpart
Subpart 1.
[Repealed, 13 SR 1057]
Subp. 2.
[Renumbered 3315.0555, subpart 2]
Subp. 2a.
[Renumbered 3315.0555, subpart 2, item A]
Subp. 3.
[Renumbered 3315.0555, subpart 2, item B]
Subp. 4.
[Renumbered 3315.0555, subpart 2, item C]
Subp. 5.
[Renumbered 3315.0555, subpart 2, item D]
Subp. 6.
[Renumbered 3315.0555, subpart 2, item E]
Subp. 7.
[Renumbered 3315.0555, subpart 2, item F]
Subp. 8.
[Renumbered 3315.0555, subpart 2, item G]
Subp. 9.
[Renumbered 3315.0555, subpart 2, item H]
Minn. R. 3315.1200 [Renumbered 3315.0555, subpart 1]
[Renumbered 3315.0555, subpart 1]
Minn. R. 3315.1300 [Renumbered 3315.0515]
[Renumbered 3315.0515]
Minn. R. 3315.1301 Repealed by subpart
Subpart 1.
[Repealed, L 2005 c 112 art 2 s 42]
Subp. 2.
[Repealed, L 2005 c 112 art 2 s 42]
Subp. 3.
[Repealed, L 2004 c 206 s 53; L 2005 c 112 art 2 s 42]
Subp. 4.
[Repealed, L 2005 c 112 art 2 s 42]
Subp. 5.
[Repealed, L 2005 c 112 art 2 s 42]
Subp. 6.
[Repealed, L 2004 c 206 s 53; L 2005 c 112 art 2 s 42]
Minn. R. 3315.1305 [Repealed, L 2004 c 206 s 53]
[Repealed, L 2004 c 206 s 53]
Minn. R. 3315.1310 [Repealed, L 2004 c 206 s 53]
[Repealed, L 2004 c 206 s 53]
Minn. R. 3315.1315 Repealed by subpart
Subpart 1.
[Repealed, L 2005 c 112 art 2 s 42]
Subp. 2.
[Repealed, L 2005 c 112 art 2 s 42]
Subp. 3.
[Repealed, L 2005 c 112 art 2 s 42]
Subp. 4.
[Repealed, L 2007 c 128 art 4 s 6]
Minn. R. 3315.1400 [Renumbered 3315.0510]
[Renumbered 3315.0510]
Minn. R. 3315.1500 [Renumbered 3315.0520]
[Renumbered 3315.0520]
Minn. R. 3315.1600 [Renumbered 3315.0545]
[Renumbered 3315.0545]
Minn. R. 3315.1650 Repealed by subpart
Subpart 1.
[Repealed, L 2004 c 206 s 53; L 2005 c 112 art 2 s 42]
Subp. 2.
[Repealed, L 2005 c 112 art 2 s 42]
Subp. 3.
[Repealed, L 2005 c 112 art 2 s 42]
Subp. 4.
[Repealed, L 2005 c 112 art 2 s 42]
Subp. 5.
[Repealed, L 2005 c 112 art 2 s 42]
Minn. R. 3315.1700 [Renumbered 3315.0550, subpart 1]
[Renumbered 3315.0550, subpart 1]
Minn. R. 3315.1800 Repealed by subpart
Subpart 1.
[Renumbered 3315.0550, subpart 2]
Subp. 2.
[Renumbered 3315.0550, subpart 3]
Subp. 3.
[Renumbered 3315.0550, subpart 4]
Subp. 4.
[Renumbered 3315.0550, subpart 5]
Subp. 5.
[Renumbered 3315.0550, subpart 6]
Minn. R. 3315.1900 [Renumbered 3315.0535]
[Renumbered 3315.0535]
Minn. R. 3315.2000 [Renumbered 3315.0540]
[Renumbered 3315.0540]
Minn. R. 3315.2010 [Repealed, L 2007 c 128 art 4 s 6]
[Repealed, L 2007 c 128 art 4 s 6]
Minn. R. 3315.2100 [Renumbered 3315.0530]
[Renumbered 3315.0530]
Minn. R. 3315.2200 [Renumbered 3315.0525]
[Renumbered 3315.0525]
Minn. R. 3315.2210 [Repealed, L 2005 c 112 art 2 s 42]
[Repealed, L 2005 c 112 art 2 s 42]
Minn. R. 3315.2300 [Renumbered 3315.0801]
[Renumbered 3315.0801]
Minn. R. 3315.2400 [Renumbered 3315.0805]
[Renumbered 3315.0805]
Minn. R. 3315.2410 [Repealed, L 2004 c 206 s 53]
[Repealed, L 2004 c 206 s 53]
Minn. R. 3315.2500 [Renumbered 3315.0820]
[Renumbered 3315.0820]
Minn. R. 3315.2600 [Renumbered 3315.0815]
[Renumbered 3315.0815]
Minn. R. 3315.2610 [Repealed, L 2004 c 206 s 53]
[Repealed, L 2004 c 206 s 53]
Minn. R. 3315.2700 [Renumbered 3315.0845]
[Renumbered 3315.0845]
Minn. R. 3315.2750 [Repealed, L 2004 c 206 s 53]
[Repealed, L 2004 c 206 s 53]
Minn. R. 3315.2800 [Renumbered 3315.0825]
[Renumbered 3315.0825]
Minn. R. 3315.2810 Repealed by subpart
Subpart 1.
[Repealed, L 2004 c 206 s 53]
Subp. 2.
[Repealed, L 2007 c 128 art 4 s 6]
Subp. 3.
[Repealed, L 2004 c 206 s 53]
Subp. 4.
[Repealed, L 2007 c 128 art 4 s 6]
Minn. R. 3315.2900 [Renumbered 3315.0830]
[Renumbered 3315.0830]
Minn. R. 3315.3000 [Renumbered 3315.0835]
[Renumbered 3315.0835]
Minn. R. 3315.3100 [Renumbered 3315.0840]
[Renumbered 3315.0840]
Minn. R. 3315.3200 [Renumbered 3315.0901]
[Renumbered 3315.0901]
Minn. R. 3315.3210 [Repealed, L 2005 c 112 art 1 s 16]
[Repealed, L 2005 c 112 art 1 s 16]
Minn. R. 3315.3220 Repealed by subpart
Subpart 1.
[Repealed, L 2005 c 112 art 1 s 16]
Subp. 2.
[Repealed, L 2005 c 112 art 1 s 16]
Subp. 3.
[Repealed, L 2005 c 112 art 1 s 16]
Subp. 4.
[Repealed, L 2004 c 206 s 53]
Minn. R. 3315.3300 [Renumbered 3315.0905]
[Renumbered 3315.0905]
Minn. R. 3315.3400 Repealed by subpart
Subpart 1.
[Repealed, 13 SR 1057]
Subp. 2.
[Renumbered 3315.0910, subpart 1]
Subp. 3.
[Renumbered 3315.0910, subpart 2]
Subp. 4.
[Renumbered 3315.0910, subpart 3]
Subp. 5.
[Renumbered 3315.0910, subpart 4]
Subp. 6.
[Renumbered 3315.0910, subpart 5]
Subp. 7.
[Renumbered 3315.0910, subpart 6]
Subp. 8.
[Renumbered 3315.0910, subpart 7]
Subp. 9.
[Renumbered 3315.0910, subpart 8]
Subp. 10.
[Renumbered 3315.0910, subpart 9]
Minn. R. 3315.3500 [Renumbered 3315.0920]
[Renumbered 3315.0920]
Minn. R. 3315.3600 [Renumbered 3315.1001]
[Renumbered 3315.1001]
Minn. R. 3315.3700 [Renumbered 3315.1005]
[Renumbered 3315.1005]
Minn. R. 3315.3800 [Renumbered 3315.1010, subpart 1]
[Renumbered 3315.1010, subpart 1]
Minn. R. 3315.3900 [Renumbered 3315.1010, subpart 2]
[Renumbered 3315.1010, subpart 2]
Minn. R. 3315.4000 [Renumbered 3315.1010, subpart 3]
[Renumbered 3315.1010, subpart 3]
Minn. R. 3315.4100 [Renumbered 3315.1015]
[Renumbered 3315.1015]
Minn. R. 3315.4200 [Renumbered 3315.1020, subpart 1]
[Renumbered 3315.1020, subpart 1]
Minn. R. 3315.4300 Repealed by subpart
Subpart 1.
[Renumbered 3315.1020, subpart 2]
Subp. 2.
[Renumbered 3315.1020, subpart 2, item A]
Subp. 3.
[Renumbered 3315.1020, subpart 2, item B]
Subp. 4.
[Renumbered 3315.1020, subpart 2, item C]
Subp. 5.
[Renumbered 3315.1020, subpart 2, item D]
Minn. R. 3315.4400 [Renumbered 3315.1020, subpart 3]
[Renumbered 3315.1020, subpart 3]
Minn. R. 3315.4500 [Renumbered 3315.1020, subpart 4]
[Renumbered 3315.1020, subpart 4]
Minn. R. 3315.4600 [Renumbered 3315.1020, subpart 5]
[Renumbered 3315.1020, subpart 5]
Minn. R. 3315.4700 [Renumbered 3315.1020, subpart 6]
[Renumbered 3315.1020, subpart 6]
Minn. R. 3315.4800 [Renumbered 3315.1020, subpart 7]
[Renumbered 3315.1020, subpart 7]
Minn. R. 3315.4900 [Renumbered 3315.1020, subpart 8]
[Renumbered 3315.1020, subpart 8]
Minn. R. 3315.5000 [Renumbered 3315.1020, subpart 9]
[Renumbered 3315.1020, subpart 9]
Minn. R. 3315.5100 [Renumbered 3315.1020, subpart 10]
[Renumbered 3315.1020, subpart 10]
Minn. R. 3315.5200 [Renumbered 3315.1020, subpart 11]
[Renumbered 3315.1020, subpart 11]
Minn. R. 3315.5300 [Renumbered 3315.1020, subpart 12]
[Renumbered 3315.1020, subpart 12]
Minn. R. 3315.5400 [Renumbered 3315.1020, subpart 13]
[Renumbered 3315.1020, subpart 13]
Minn. R. 3315.5500 [Renumbered 3315.1020, subpart 14]
[Renumbered 3315.1020, subpart 14]
Minn. R. 3315.5600 [Renumbered 3315.1020, subpart 15]
[Renumbered 3315.1020, subpart 15]
Minn. R. 3315.5700 [Renumbered 3315.1020, subpart 16]
[Renumbered 3315.1020, subpart 16]
Minn. R. 3315.5800 [Renumbered 3315.1020, subpart 17]
[Renumbered 3315.1020, subpart 17]
Minn. R. 3315.5900 [Renumbered 3315.1020, subpart 18]
[Renumbered 3315.1020, subpart 18]
Minn. R. 3315.6000 [Renumbered 3315.1020, subpart 19]
[Renumbered 3315.1020, subpart 19]
Minn. R. 3315.6100 [Renumbered 3315.2210]
[Renumbered 3315.2210]
Minn. R. 3315.6200 Repealed by subpart
Subpart 1.
[Renumbered 3315.1305]
Subp. 2.
[Repealed, 13 SR 1057]
Chapter 3317 PAID LEAVE
Minn. R. 3317.0010 Scope and Purpose
Parts 3317.0010 to 3317.8000 govern the administration of the family and medical benefit insurance program under Minnesota Statutes, chapter 268B.
History
- Statutory Authority: MS s 268B.02
- History: 49 SR 1368
Minn. R. 3317.0015 Definitions
Subpart 1. Applicability.
For the purposes of parts 3317.0010 to 3317.8000, the following terms have the meanings given.
Subp. 2. Application.
"Application" means an application for paid leave benefits.
Subp. 3. Department.
"Department" means the Department of Employment and Economic Development.
Subp. 4. Commissioner.
"Commissioner" means the commissioner of employment and economic development or the commissioner's designated representative.
Subp. 5. Certifying party.
"Certifying party" means a qualified person who is eligible to sign documentation certifying safety leave pursuant to part 3317.8000.
Subp. 6. Health care provider.
"Health care provider" has the meaning specified in Minnesota Statutes, section 268B.01, subdivision 24, and includes:
A. licensed midwives; and
B. all health care providers provided under Code of Federal Regulations, title 29, section 825.125.
Subp. 7. Paid leave.
"Paid leave" means the program administered under Minnesota Statutes, chapter 268B.
History
- Statutory Authority: MS s 268B.02
- History: 49 SR 1368
Minn. R. 3317.2000 Health Care Provider Certification
Health care providers operating outside of Minnesota or the United States must complete a certification on a form provided by the commissioner on behalf of an applicant applying for paid leave benefits. Upon request, health care providers must provide any additional information that the commissioner deems necessary to determine eligibility for benefits.
History
- Statutory Authority: MS s 268B.02
- History: 49 SR 1368
Minn. R. 3317.3000 Seasonal Employees
Subpart 1. Receipts.
A. The commissioner must use monthly gross receipts to establish whether an employer meets the receipts threshold under Minnesota Statutes, section 268B.01, subdivision 35.
B. For the purposes of this subpart, "receipts" has the meaning given to "gross receipts" under Minnesota Statutes, section 297A.61, subdivision 8.
Subp. 2. Primary line of work for seasonal employees.
For the purposes of Minnesota Statutes, section 268B.01, subdivision 35, an employee's primary line of work is considered to be hospitality if all or part of their employer's business meets one or more of the definitions under Minnesota Statutes, section 157.15, subdivisions 4 to 9 and 11 to 14.
Subp. 3. Duration of employment for seasonal employees.
To be designated as a seasonal employee by an employer under Minnesota Statutes, section 268B.01, subdivision 35, an employee must not be employed by the same employer for more than 150 calendar days in a calendar year.
History
- Statutory Authority: MS s 268B.02
- History: 49 SR 1368
Minn. R. 3317.4000 Election of Coverage
Subpart 1. Individual election of coverage.
Self-employed individuals and independent contractors, as specified in Minnesota Statutes, section 268B.01, must establish an online account through the department for paid leave program participation.
Subp. 2. Employer election of coverage.
Employers operating in Minnesota that are not required to participate in the paid leave program must establish an online account through the department to opt into paid leave program participation.
History
- Statutory Authority: MS s 268B.02
- History: 49 SR 1368
Minn. R. 3317.4100 Covered Individuals' Notification to Employers
Subpart 1. Validation of covered individuals' notification to employers.
The commissioner must validate that a covered individual provided notice of their request for leave to the employer as required under Minnesota Statutes, section 268B.085, by requiring an attestation from the covered individual that includes:
A. a statement that the covered individual notified the employer pursuant to Minnesota Statutes, section 268B.085, subdivision 1;
B. the date the covered individual provided notice to the covered individual's employer; and
C. the method the covered individual used to communicate their notice to their employer. The commissioner must send the attestation under this subpart to the employer from whom the covered individual would be taking leave.
Subp. 2. Failure to notify employer.
An employer has seven calendar days from the date the commissioner sends the employer the covered individual's attestation to send the commissioner a written statement disputing a covered individual's claim that they provided notice of their request for leave to the employer as required under Minnesota Statutes, section 268B.085.
If the commissioner finds that a covered individual failed to notify their employer pursuant to the requirements of Minnesota Statutes, section 268B.085, the determination of the application is delayed until the commissioner finds that the covered individual provided the required notice to their employer.
History
- Statutory Authority: MS s 268B.02
- History: 49 SR 1368
Minn. R. 3317.4150 Employer Response to Requests for Information
An employer must respond to the commissioner's request for information about an employee's application within seven calendar days of the request. If the commissioner does not receive a response from the employer, the commissioner must process the application without the information requested from the employer.
If the commissioner receives information from an employer after a determination of an applicant's eligibility, the commissioner must use the additional information to adjust the amount of leave and benefits determined if necessary.
History
- Statutory Authority: MS s 268B.02
- History: 49 SR 1368
Minn. R. 3317.4200 Designation of Supplemental Benefits
An employer may choose whether to designate payments to a covered individual as supplemental benefits, as defined under Minnesota Statutes, section 268B.01, subdivision 41, through the employer's internal policies and procedures. An employer must report any supplemental benefits for a covered individual to the commissioner. Nothing in this chapter may be construed to allow an employer to require an employee to accept supplemental benefits.
History
- Statutory Authority: MS s 268B.02
- History: 49 SR 1368
Minn. R. 3317.4300 Reporting Fraud
The commissioner must not consider an employer's good faith report to the commissioner or law enforcement that a covered individual has committed fraud in connection with the covered individual's application or use of paid leave benefits, to be an action of retaliation or interference under Minnesota Statutes, section 268B.09. An employer's intentionally inaccurate report of fraud must be considered an action of retaliation or interference.
History
- Statutory Authority: MS s 268B.02
- History: 49 SR 1368
Minn. R. 3317.4310 Suspending Payments
The commissioner must suspend paid leave benefit payments to a covered individual if the commissioner finds by a preponderance of the evidence that the covered individual intentionally gave the commissioner materially false information to obtain paid leave benefits. The commissioner must suspend the covered individual's payments for a period of time not to exceed 30 days beyond the time the commissioner determines that the condition has been corrected.
History
- Statutory Authority: MS s 268B.02
- History: 49 SR 1368
Minn. R. 3317.4400 Overpayments
Subpart 1. Calculation of overpayment.
When determining an overpayment, the commissioner must assess the dates during which a covered individual received more benefit payments from the paid leave program than the covered individual was eligible to receive.
Subp. 2. Notice of overpayment.
The commissioner must notify a covered individual of an assessed overpayment in writing. A notice of overpayment must specify the reason for the overpayment, the time period during which the overpayment occurred, the amount of the overpayment, and the covered individual's right to appeal the commissioner's overpayment determination.
History
- Statutory Authority: MS s 268B.02
- History: 49 SR 1368
Minn. R. 3317.4500 Offset of Benefits Received from Other States
If an applicant is eligible for paid leave benefits from a public program in a state other than Minnesota, for the same qualifying event that renders the applicant eligible for paid leave benefits from Minnesota's paid leave program, benefits paid by Minnesota must be offset by any benefits received from the other state.
History
- Statutory Authority: MS s 268B.02
- History: 49 SR 1368
Minn. R. 3317.4600 Schedules and Modifications
Subpart 1. Schedule adherence.
Covered individuals must adhere to the leave schedule approved by the commissioner.
A. A covered individual is not eligible for benefits for days not included in their approved leave schedule.
B. A covered individual may, subject to Minnesota Statutes, section 268B.04, subdivision 8, request reimbursement for absences taken outside of an approved leave schedule if the covered individual applies for and is granted a leave schedule modification.
Subp. 2. Reporting additional income.
If a covered individual receives additional income during a leave that they did not report in the initial application for benefits, the covered individual must notify the commissioner. The covered individual does not need to notify the commissioner of income designated as a supplementary benefit by the covered individual's employer.
Subp. 3. Ending a leave early.
A covered individual who intends to end their leave before the approved leave period ends must provide advance notice of at least two business days, where foreseeable, to the commissioner and any employer from whom they are taking leave.
Subp. 4. Extending an approved leave.
A. If a covered individual seeks an extension of benefits after the approved leave period ends, the covered individual must request an extension with the commissioner pursuant to this subpart and inform any employer from whom they are taking leave.
B. The covered individual must make the request for an extension to the commissioner in writing no less than 14 calendar days, or as soon as practicable, prior to the expiration of the original approved leave period. If a covered individual requests an extension less than 14 calendar days prior to the expiration of the original approved leave period, the covered individual must show good cause for the delay. Good cause means timely notification was delayed due to circumstances outside of the control of the covered individual.
C. A request for an extension must include:
D. An employer may dispute a covered individual's claim that the covered individual provided notice pursuant to this subpart. The commissioner shall provide a process for impartial review of the dispute in which the commissioner must review all information provided by the covered individual and the employer. If the commissioner finds that the employer has not been properly notified, the commissioner shall require the applicant to provide the need for a leave and a proposed leave schedule with any employer before the commissioner makes a determination regarding an extension of benefits.
Subp. 5. Changing intermittent leave schedules.
A. If a covered individual seeks to change an approved intermittent leave schedule, the covered individual must request a change in schedule from the commissioner and notify any employer from whom they are taking leave.
B. The covered individual must make the request for a change to an intermittent leave schedule in writing no less than 14 calendar days, or as soon as practicable, prior to the expiration of the original approved leave. If a covered individual requests an extension less than 14 calendar days prior to the expiration of the original approved intermittent leave schedule, the covered individual must show good cause for the delay. Good cause means timely notification was delayed due to circumstances outside of the control of the covered individual.
C. A request for a change in schedule must include:
D. An employer may contact the commissioner to dispute a covered individual's claim that the covered individual provided notice pursuant to this subpart. The commissioner shall provide a process for impartial review of the dispute in which the commissioner shall review all information provided by the covered individual and the employer. If the commissioner finds that the employer has not been properly notified, the commissioner shall require the applicant to share the need for a leave and a proposed leave schedule with any employer before the commissioner makes a determination regarding a change to the intermittent leave schedule.
Subp. 6. Changing from intermittent to continuous leave.
A. If a covered individual seeks to change from an approved intermittent leave schedule to a continuous leave schedule, the covered individual must request a change in schedule from the commissioner and notify any employer from whom they are taking leave.
B. The covered individual must make the request for a change in writing no less than 14 calendar days, or as soon as practicable, prior to the expiration of the original approved intermittent leave schedule. If a covered individual requests a change less than 14 calendar days prior to the expiration of the original approved intermittent leave schedule, the covered individual must show good cause for the delay. Good cause means timely notification was delayed due to circumstances outside of the control of the covered individual.
C. A request for a change in schedule must include:
D. An employer may contact the commissioner to dispute a covered individual's claim that the covered individual provided notice pursuant to this subpart. The commissioner shall provide a process for impartial review of the dispute in which the commissioner shall review all information provided by the covered individual and the employer. If the commissioner finds that the employer has not been properly notified, the commissioner must require the applicant to share the need for a leave and a proposed leave schedule with any employer before the commissioner makes a determination regarding a change from an approved intermittent leave schedule to a continuous leave schedule.
Subp. 7. Changing from continuous to intermittent leave.
A. If a covered individual seeks to change from an approved continuous leave schedule to an intermittent leave schedule, the covered individual must request a change in schedule from the commissioner and notify any employer from whom they are taking leave.
B. The covered individual must make the request for a change in writing no less than 14 calendar days, or as soon as practicable, prior to the expiration of the original approved leave. If a covered individual requests a change less than 14 calendar days prior to the expiration of the original approved leave, the covered individual must show good cause for the delay. Good cause means timely notification was delayed due to circumstances outside of the control of the covered individual.
C. A request for a change in schedule must include:
D. An employer may contact the commissioner to dispute a covered individual's claim that the covered individual provided notice pursuant to this subpart. The commissioner shall provide a process for impartial review of the dispute in which the commissioner shall review all information provided by the covered individual and the employer. If the commissioner finds that the employer has not been properly notified, the commissioner shall require the applicant to share the need for a leave and a proposed leave schedule with any employer before the commissioner makes a determination regarding a change from an approved continuous leave schedule to an intermittent leave schedule.
History
- Statutory Authority: MS s 268B.02
- History: 49 SR 1368
Minn. R. 3317.4700 Intermittent Leave
Subpart 1. Calculating benefits for intermittent leave.
The commissioner shall calculate a total weekly benefit payment for intermittent leave using the process specified in Minnesota Statutes, section 268B.04, subdivision 3, except that the weekly benefit payment must be prorated as follows:
A. The commissioner shall calculate the hourly replacement by dividing the total weekly benefit by the number of hours worked in an applicant's typical workweek.
B. The commissioner shall calculate the benefit payment by taking the number of hours used during the intermittent leave multiplied by the hourly replacement.
Subp. 2. Definition.
For the purposes of this part, "reasonable effort" means that an applicant must communicate the need for a leave and a proposed leave schedule with any employer before applying for paid leave benefits.
Subp. 3. Disagreements between employees and employers on intermittent leave schedules.
If an employer believes that an applicant has failed to make a reasonable effort to share the need for a leave and a proposed leave schedule with any employer before applying for paid leave benefits, and the leave schedule is not identified as necessary by a health care provider's certification under Minnesota Statutes, section 268B.06, subdivision 3, paragraphs (a) to (c) and (f) to (g), an employer may file a dispute with the commissioner. The commissioner shall provide a process for impartial review of the dispute in which the commissioner shall review information provided by the applicant and the employer. If the commissioner finds that the employee has not made a reasonable effort, the commissioner shall require the applicant to provide the need for a leave and a proposed leave schedule with any employer before the commissioner makes a determination on an application for intermittent leave.
History
- Statutory Authority: MS s 268B.02
- History: 49 SR 1368
Minn. R. 3317.4910 Benefits Calculation
The commissioner shall pay benefits as follows:
A. Continuous leave benefits must be paid weekly.
B. Intermittent leave is eligible for payment up to once weekly. To seek payment for an intermittent leave, an applicant must report the dates and times of absences related to the leave to the commissioner.
History
- Statutory Authority: MS s 268B.02
- History: 49 SR 1368
Minn. R. 3317.4920 Backdating of Application
A. If an applicant is unable to apply in a timely manner due to incapacitation or due to no fault of their own, the department shall backdate the application to the effective date of leave.
B. The applicant must provide information and documentation to determine that good cause or incapacitation prevented the timely submission of the application. The documentation must show the factors that prevented the applicant from applying for benefits when the qualifying event occurred.
C. An applicant who seeks to backdate an application or weekly payment must file for benefits within seven days after the factors preventing a timely application no longer exist.
History
- Statutory Authority: MS s 268B.02
- History: 49 SR 1368
Minn. R. 3317.4930 Payment of Benefits After Death
A. Payment of benefits must cease upon the death of a covered individual. Any accrued but unpaid benefits are payable to the estate of the covered individual.
B. Payment of benefits must cease upon the death of the person who the covered individual is taking leave to care for or with whom they are taking leave to bond.
C. The effective date of the cessation of payments under item A or B is the first full day during which the individual is no longer alive.
D. Upon request of the commissioner, a covered individual, the covered individual's estate, or the covered individual's representatives must provide the commissioner with a death certificate or other documentation establishing death.
History
- Statutory Authority: MS s 268B.02
- History: 49 SR 1368
Minn. R. 3317.5000 Private Plans
Subpart 1. Amendments to approved private plans.
A self-insured employer, private plan insured employer, or private plan insurer whose private plan was approved by the commissioner in consultation with the commissioner of commerce must file all substantive amendments with the commissioner to document changes to the plan. A self-insured employer, private plan insured employer, or private plan insurer must file all substantive amendments to an approved private plan with the commissioner no less than 30 days before the amendment goes into effect. If the amendment to the employer plan involves a private insurance product, that insurance product must be approved by the commissioner of commerce and be issued by an insurance company authorized to transact insurance business in this state.
Subp. 2. Effective dates of voluntary termination of a private plan.
A self-insured employer and private plan insured employer must set the effective date for a voluntary private plan termination at the end of a calendar quarter.
Subp. 3. Surety bond collection for involuntary termination of self-insured private plans.
The surety bond acquired by the self-insured employer under Minnesota Statutes, section 268B.10, subdivision 4, must name the Department of Employment and Economic Development as an obligee and must allow for recovery of costs and fees incurred by the department in pursuing a claim on the bond.
The commissioner shall collect the full value of the self-insured employer's surety bond when a self-insured private plan is involuntarily terminated. If a self-insured private plan is voluntarily terminated, but the self-insured private plan does not provide coverage through the effective date of the termination, as required by Minnesota Statutes, section 268B.10, subdivision 20, the commissioner shall collect the full value of the self-insured employer's surety bond.
Subp. 4. Private plan reporting.
A self-insured employer or private plan insurer must submit an annual report to the commissioner that includes information required by this subpart and Minnesota Statutes, section 268B.25. Beginning in 2026, and annually thereafter, a self-insured employer or private plan insurer must submit the following information to the commissioner by November 1:
A. total eligible claims;
B. the number and percentage of claims attributable to each category of benefit;
C. claimant demographics by age, race or ethnicity, gender, average weekly wage, occupation, and the type of leave taken;
D. the percentage of claims denied and the reasons the claims were denied;
E. average weekly benefit amount paid for all claims and by category of benefit;
F. changes in the benefits paid compared to previous fiscal years;
G. processing times for initial claims processing, initial determinations, and final decisions;
H. average duration for cases completed; and
I. the number of cases remaining open at the close of the year.
Subp. 5. Coverage up to effective date of approved private plan.
An employer remains liable to the commissioner for premiums on wages paid until the effective date of the approved private plan. Employees remain eligible for benefits from the state-administered plan until the effective date of an approved private plan.
Subp. 6. Recalculation for benefit years measured backward.
A self-insured employer or private plan insurer defining a benefit year as a rolling 12-month period measured backward must recalculate the employees' benefit amount on an annual basis. The benefit amount must be recalculated on the anniversary of the covered individual's first effective date of leave taken under this chapter.
History
- Statutory Authority: MS s 268B.02
- History: 49 SR 1368
Minn. R. 3317.5100 Notice of Coverage Under Private Plan
Subpart 1. Notice.
All requirements of Minnesota Statutes, section 268B.26, apply to an employer with a private plan. In addition to the notice required by Minnesota Statutes, section 268B.26, an employer must provide notice to their employees about coverage under a private plan that includes:
A. an affirmation that the private plan confers all of the same rights, protections, and benefits provided to employees under the state-administered plan, including:
B. the effective date of the approved private plan;
C. a description of the private plan's wage replacement benefits;
D. a description of the private plan's leave and employment protection benefits;
E. a description of the process to determine employee eligibility;
F. a description of the process to calculate and collect employee contributions;
G. the employee's appeal rights; and
H. the employee's optional alternatives to appeal a benefits determination to the private plan administrator, if such alternatives exist.
Subp. 2. Timeline for notice of coverage under a private plan.
An employer must provide the notice described in subpart 1 not more than 30 days from the start date of the employee's employment, or 30 days before premium collection begins, whichever is later.
Subp. 3. Notice of termination of a private plan.
An employer must provide notice to their employees about any termination of a private plan, including a revocation under Minnesota Statutes, section 268B.10, subdivision 16.
History
- Statutory Authority: MS s 268B.02
- History: 49 SR 1368
Minn. R. 3317.5200 Private Plan Records Retention and Confidentiality
A self-insured employer or private plan insurer must maintain data related to an employee's paid leave benefits securely and, to the extent possible, separately from the employee's other employment records.
History
- Statutory Authority: MS s 268B.02
- History: 49 SR 1368
Minn. R. 3317.5300 Employee Access to Private Plan Claim Information
A self-insured employer or private plan insurer must provide a covered individual, upon request and free of charge, access to, and copies of, all documents, records, and other information relevant to the covered individual's claim for paid leave benefits. A private plan must provide data requested by the covered individual within ten business days of receipt of a request.
History
- Statutory Authority: MS s 268B.02
- History: 49 SR 1368
Minn. R. 3317.5400 Intermittent Leaves Administered by Private Plans
A self-insured employer or private plan insurer must calculate an applicant's initial leave time balance by taking the number of hours in a typical workweek multiplied by the maximum leave benefits in Minnesota Statutes, section 268B.04, subdivision 5.
History
- Statutory Authority: MS s 268B.02
- History: 49 SR 1368
Minn. R. 3317.6000 Certification for Caring Leave
Subpart 1. Certification requirements.
Certification for an applicant seeking leave to care for a family member with a serious health condition must include:
A. the relationship of the applicant to the family member who needs care;
B. the proposed leave schedule for the applicant to care for the family member; and
C. an attestation by the health care provider signing the certification that affirms:
Subp. 2. Multiple applicants.
If more than one applicant seeks leave to provide care for the same family member with a serious health condition, the applicants' certification must be completed by the same health care provider.
History
- Statutory Authority: MS s 268B.02
- History: 49 SR 1368
Minn. R. 3317.6100 Attestation of Relationship with Family Member Requiring Caring Leave
An applicant seeking leave to care for a family member with a serious health condition must attest that the person the applicant is taking leave to care for is the applicant's family member as defined in Minnesota Statutes, section 268B.01, subdivision 23. Providing false information is considered a misrepresentation under Minnesota Statutes, section 268B.185, or other relevant laws.
History
- Statutory Authority: MS s 268B.02
- History: 49 SR 1368
Minn. R. 3317.7000 Small Employer Grants
Subpart 1. Application.
Applications for small employer assistance grants under Minnesota Statutes, section 268B.29, must be submitted electronically.
Subp. 2. Definitions.
For the purposes of administering small employer assistance grants pursuant to Minnesota Statutes, section 268B.29, the following terms have the meanings given.
A. "Temporary worker" means an individual that an employer hires to substitute for a covered individual who is on leave for a period of seven days or more. The temporary worker assumes all or some of the covered individual's duties but will not fill the covered individual's role following the covered individual's return to work from leave.
B. "Wage-related costs" means costs associated with either or both of the following:
History
- Statutory Authority: MS s 268B.02
- History: 49 SR 1368
Minn. R. 3317.8000 Safety Leave
Subpart 1. Certification process for safety leave.
A qualified person who is eligible to sign documentation certifying safety leave includes:
A. an individual who is licensed, certified, or otherwise authorized under law to practice as a mental health professional or a mental health practitioner as defined in Minnesota Statutes, section 245I.04, and operating within the scope of their practice;
B. a licensed health care professional operating within the scope of their license;
C. a domestic abuse advocate or sexual assault counselor as defined by Minnesota Statutes, section 595.02, acting in their professional capacity;
D. a victim's advocate who is employed by, under contract with, or appointed by the court, acting in their professional capacity;
E. a judge, referee appointed pursuant to the Minnesota Rules of Civil Procedure, court administrator, prosecutor, or probation officer, acting in their professional capacity;
F. a Title IX coordinator, as defined by Code of Federal Regulations, chapter 34, section 106.8, acting in their professional capacity;
G. a peace officer, part-time peace officer, or reserve officer as defined by Minnesota Statutes, section 626.84, acting in their professional capacity; or
H. any other person acting in their professional capacity who can submit documentation to the commissioner that includes the necessary information required by Minnesota Statutes, section 268B.06.
Subp. 2. Certifying parties.
The commissioner must offer a process for verifying the identity and credentials of certifying parties.
Subp. 3. Documentation of a qualified person or their organization.
The qualified person providing a certification for an applicant seeking safety leave must maintain documentation verifying their credentials or organizational affiliation and provide such documentation to the commissioner upon request.
History
- Statutory Authority: MS s 268B.02
- History: 49 SR 1368
Chapter 3321 STATE SERVICES FOR THE BLIND
Minn. R. 3321.0100 Statutory Authority and Scope of Rules
Pursuant to Minnesota Statutes, section 248.07, subdivision 14a, this chapter is issued by the commissioner of employment and economic development to govern all vending facilities, hereinafter referred to as business enterprise or business enterprises, established by the State Services for the Blind, Department of Employment and Economic Development, for which the department is responsible. Licenses to blind persons must be issued according to this chapter and applicable statutes by the commissioner or a designee, hereinafter to be known as the state licensing agency. A licensed blind vendor is an independent contractor to the state licensing agency and is not an employee of the state licensing agency or the state of Minnesota.
History
- Statutory Authority: MS s 248.07
- History: L 1984 c 654 art 5 s 58; L 1985 1Sp14 art 9 s 12; 15 SR 692; L 1994 c 483 s 1; L 2005 c 112 art 2 s 41; 37 SR 939
Minn. R. 3321.0200 Selection of Licensed Blind Vendors
The selection of licensed blind vendors must be made on an objective basis, including a thorough evaluation of the following: experience, training, former vocations, education, and other factors that relate to job requirements. Preference must be given to blind persons who are in need of employment. The following specific requirements must also be adhered to in selecting licensed blind vendors. Blind persons selected as licensed blind vendors must:
A. be determined, after examination by a physician skilled in diseases of the eye or by an optometrist, whomever blind persons select, to have:
B. be citizens of the United States; and
C. be certified as qualified for the operation of a business enterprise through objective evaluation and testing by the business enterprises program staff of the state licensing agency.
History
- Statutory Authority: MS s 248.07
- History: L 1984 c 654 art 5 s 58; L 1985 1Sp14 art 9 s 12; L 1994 c 483 s 1; L 2005 c 112 art 2 s 41; 37 SR 939
Minn. R. 3321.0300 Period of License
Subpart 1. Indefinite period; termination for good cause.
Each license will be issued upon execution of an individual's first agreement pursuant to part 3321.0500, subpart 1, for an indefinite period but subject to termination by written notice for good cause shown, including but not limited to:
A. failure to operate according to:
B. improvement of vision so that the licensed blind vendor no longer meets the definition of blindness under part 3321.0200;
C. extended illness with medically documented diagnosis of prolonged incapacity of the licensed blind vendor to operate the business enterprise in a manner consistent with the needs of the location or other available locations in the program;
D. withdrawal of the licensed blind vendor from the program upon the licensed blind vendor's written notification to the state licensing agency; and
E. failure to take additional approved training related to the operation of a business enterprise or work 80 hours annually as:
Subp. 2. Exception for medical leave.
A licensed blind vendor is not subject to termination under subpart 1, item E, if on an approved medical leave. For the purposes of this part, a year begins the day a licensed blind vendor no longer has an agreement under part 3321.0500, or in the case of a medical leave of absence, the day a licensed blind vendor no longer has an approved absence.
Subp. 3. Referral to alternative vocations.
If a licensed blind vendor's license is terminated for failure to comply with this part, the licensed blind vendor must immediately be referred to the vocational rehabilitation unit of the state licensing agency to be evaluated for eligibility for services that could lead to alternative vocational opportunities.
History
- Statutory Authority: MS s 248.07
- History: L 1985 1Sp14 art 9 s 12; 15 SR 692; 37 SR 939
Minn. R. 3321.0350 Determination of Visual Status
Subpart 1. Testing; evidence of visual acuity.
In order to equitably determine ongoing compliance with visual requirements for licensed blind vendors under parts 3321.0200 and 3321.0300, subpart 1, item B, in years ending in zero and five all licensed blind vendors must provide current ophthalmological or optometric evidence documenting their visual status. "Current" means evidence of an examination no more than six months old from the date of submission. Evidence is sufficient if it allows the state licensing agency to determine whether or not the licensed blind vendor meets the visual requirements contained in part 3321.0200, item A. If the state licensing agency determines the licensed blind vendor meets the visual requirements and the medical or optometric documentation specifically states that the blindness is permanent, the licensed blind vendor is not subject to future examinations under this part.
Subp. 2. License termination; failure to prove visual acuity.
Licensed blind vendors not providing ophthalmological or optometric evidence are presumed to not meet the visual requirements of part 3321.0200, item A, and action must be taken under part 3321.0300 to terminate their license.
Licensed blind vendors found to not meet the visual requirements on the basis of the submitted evidence shall have their licenses terminated under part 3321.0300. Their termination date is one year from the date of their notice of license termination.
Subp. 3. Cost of examination.
A licensed blind vendor may enter as an expense on their books submitted to the state licensing agency the cost of obtaining ophthalmological or optometric evidence required by this part.
History
- Statutory Authority: MS s 248.07
- History: 15 SR 692; L 2005 c 56 s 2; 37 SR 939
Minn. R. 3321.0400 Termination of License
The state licensing agency shall promptly notify by certified mail or personal service any licensed blind vendor whose license is proposed to be revoked. This notification shall state the grounds for such action and shall inform the licensed blind vendor of the right to appeal the action. The licensed blind vendor must be afforded an opportunity for a full evidentiary hearing before termination of the license as described in part 3321.1200.
History
- Statutory Authority: MS s 248.07
- History: L 1985 1Sp14 art 9 s 12; 37 SR 939
Minn. R. 3321.0500 Licensed Blind Vendor Agreements
Subpart 1. Requirement.
Each licensed blind vendor must sign an agreement for the operation of an assigned business enterprise, and will sign a new agreement each time the licensed blind vendor moves or transfers to another business enterprise.
Subp. 2. Revocation or suspension of agreement.
The licensed blind vendor's agreement to operate a business enterprise may be revoked or temporarily suspended in those instances where the operation, integrity, or reputation of the program may be damaged. The state licensing agency shall promptly notify by certified mail or personal service any licensed blind vendor whose agreement is revoked or suspended. The notification shall state the grounds for such action and shall inform the licensed blind vendor of the right to appeal the action, as described in part 3321.1200. The action to revoke or suspend an agreement does not automatically terminate the licensed blind vendor's license. Notice of intent to terminate the licensed blind vendor's license requires a separate notice, as described in part 3321.0400.
Subp. 3. Licensed blind vendor expectation.
A. The state licensing agency rules, the agreement with the licensed blind vendor, and any applicable government or private restrictions of the authority having charge of the property on which the business enterprise is located must be read and explained to each licensed blind vendor and a copy of each must be provided to each licensed blind vendor.
B. The agreement between the state licensing agency and the licensed blind vendor must be consistent with this part, and must contain a signed statement by the licensed blind vendor attesting that the documents provided in item A have been read to the licensed blind vendor and that the licensed blind vendor agrees to abide by them.
History
- Statutory Authority: MS s 248.07
- History: L 1985 1Sp14 art 9 s 12; 37 SR 939
Minn. R. 3321.0600 Furnishing Equipment and Initial Stocks
The state licensing agency is responsible for furnishing each business enterprise with:
A. adequate and suitable equipment, replacement of equipment, and assistance in maintenance and repair of equipment; and
B. adequate initial stocks of merchandise and supplies. Subsequent purchase of merchandise and supplies shall be made by the licensed blind vendor out of current receipts. If a business expands, the licensed blind vendor and the state licensing agency may mutually agree that any additional initial stocks related to this expansion be furnished by the state licensing agency. Merchandise shall be replaced as sold and supplies replaced as needed, maintaining the inventory at the minimum of the original inventory unless mutually agreed otherwise by the state licensing agency and the licensed blind vendor.
History
- Statutory Authority: MS s 248.07
- History: L 1985 1Sp14 art 9 s 12; 15 SR 692; 37 SR 939
Minn. R. 3321.0700 Business Enterprise Equipment and Initial Stocks; Ownership
Subpart 1. Ownership of equipment.
The right to, title to, and interest in the business enterprise equipment used in the program is vested in the state of Minnesota. No fixtures or equipment may be added, altered, or removed from the business enterprise except at the direction of the state licensing agency. The licensed blind vendor must exercise all possible care in the use of fixtures and equipment, and must not make any alterations, changes, or additions.
Subp. 1a. Ownership of merchandise and supplies.
A. Licensed blind vendors must acquire ownership of merchandise and supplies through reimbursing the state licensing agency for such expenditures by monthly payments extended over a three-year period. Upon approval of the state licensing agency, additional time may be granted in hardship cases, the purpose of which is to ensure that no individual be denied the opportunity to become a licensed blind vendor because of the licensed blind vendor's inability to purchase the initial merchandise and supplies.
B. Upon termination of a licensed blind vendor's license or when a licensed blind vendor withdraws from a specific business enterprise location, the state licensing agency must purchase for the new licensed blind vendor, at cost, salable merchandise and, at an amortized price, supplies remaining in the business enterprise, assuming there is no amount owing in the departing licensed blind vendor's accounts with the state licensing agency or other outstanding financial obligations that result from a signed agreement between the state licensing agency and a location on the licensed blind vendor's behalf authorizing the placement of the vending facility or vending machines.
C. If a licensed blind vendor under contract dies, the state licensing agency must immediately take an inventory at the business enterprise. If possible, the state licensing agency must conduct this inventory with a member of the licensed blind vendor's family or a representative of the licensed blind vendor's estate. The state licensing agency must then prepare a summary accounting of the deceased licensed blind vendor's accounts with the state licensing agency. If the balance is in favor of the state licensing agency, the estate must pay that balance. If the balance is in favor of the deceased licensed blind vendor, the state licensing agency must pay the balance to the estate. The warrant must be made payable to the "Estate of [licensed blind vendor's name]."
D. A licensed blind vendor who begins to operate a business enterprise location shall determine what merchandise or supplies the licensed blind vendor will purchase from the departing licensed blind vendor. In the case of a licensed blind vendor disagreement over the purchase of supplies or merchandise, the departing licensed blind vendor may request that the state licensing agency intervene and make a final decision. The departing licensed blind vendor is responsible for disposing of all the merchandise or supply inventory not purchased by the new licensed blind vendor.
Subp. 2.
[Repealed, 37 SR 939]
History
- Statutory Authority: MS s 248.07
- History: L 1985 1Sp14 art 9 s 12; 15 SR 692; 37 SR 939
Minn. R. 3321.0800 Business Enterprise Proceeds; Funds Set Aside
Subpart 1. Amounts.
The state licensing agency must set aside or cause to be set aside from the monthly net proceeds of the operation of business enterprises the following amounts:
A. on the first $100 or portion thereof, 2 percent;
B. on the second $100 or portion thereof, 4 percent;
C. on the third $100 or portion thereof, 6 percent;
D. on the fourth $100 or portion thereof, 8 percent;
E. on the fifth $100 or portion thereof, 10 percent;
F. on the sixth $100 or portion thereof, 12 percent;
G. on the seventh $100 or portion thereof, 14 percent; and
H. any amounts over $700, 16 percent. "Net proceeds," as used herein, means the monthly cash receipts including any vending machine or other income, less merchandise purchases, general expenses, and payroll, (excluding set-aside charges).
Subp. 2. Other conditions of funds.
The licensed blind vendor shall pay these set-aside funds monthly to the state licensing agency. These set-aside funds shall be used only to the extent necessary and may be used for the purposes set forth in Minnesota Statutes, section 248.07, subdivision 8, paragraph (b).
Subp. 3. Set-aside schedule.
The licensed blind vendor management committee, as defined in part 3321.1100, subpart 3, must participate with the state licensing agency in the establishment of a set-aside schedule covering the purposes for which the set-aside funds are intended to be used, and must be reviewed annually to determine the need for change based upon the previous year's expenditures. The schedule shall be designed to prevent, so far as is practicable, a greater charge for any purpose than is reasonably required, with the allowances for the retention of reasonable reserves necessary to ensure that such purposes can be provided on a continuing basis. Changes, when necessary, shall be by amendment to parts 3321.0100 to 3321.1300.
Subp. 4. Due date.
Funds set aside from business enterprise proceeds are due at the offices of the state licensing agency by or on the 25th day of the following month.
History
- Statutory Authority: MS s 248.07
- History: L 1985 1Sp14 art 9 s 12; 15 SR 692; 37 SR 939
Minn. R. 3321.0900 Vending Machines on Federal Property; Income
Subpart 1. Income accrual to licensed blind vendor.
Vending machine income from vending machines on federal property which has been disbursed to the state licensing agency by a property managing department, agency, or instrumentality of the United States shall accrue to each licensed blind vendor operating a business enterprise on such federal property in an amount not to exceed the average net income of the total number of licensed blind vendors within the state program, as determined each fiscal year on the basis of each prior year's operation, except that vending machine income shall not accrue to any licensed blind vendor in any amount exceeding the average net income of the total number of licensed blind vendors in the United States.
Subp. 2.
[Repealed, 37 SR 939]
Subp. 3. Combination of machines to make a facility.
No limitation shall be imposed on income from vending machines combined to create a business enterprise when such business enterprise is maintained, serviced, or operated by a licensed blind vendor. The state licensing agency must retain vending machine income disbursed by a property managing department, agency, or instrumentality of the United States in excess of the amounts eligible to accrue to licensed blind vendors.
Subp. 4. Quarterly disbursement.
The state licensing agency must disburse vending machine income to licensed blind vendors on at least a quarterly basis.
Subp. 5. Use of income retained by agency.
Vending machine income retained by the state licensing agency must be used for the establishment and maintenance of retirement or pension plans, for health and dental insurance contributions, and for the provision of paid sick leave and vacation time for licensed blind vendors, if it is so determined by a majority vote of the licensed blind vendors, after each licensed blind vendor has been furnished information on all matters relevant to these purposes. Any vending machine income not necessary for these purposes shall be used for one or more of the following: maintenance and replacement of equipment; purchase of new equipment; or management services. Any set-aside charged to licensed blind vendors shall be reduced pro rata in an amount equal to the total of such remaining vending machine income.
History
- Statutory Authority: MS s 248.07
- History: L 1985 1Sp14 art 9 s 12; 37 SR 939
Minn. R. 3321.1000 Policies and Duties
Subpart 1. Net proceeds.
Each licensed blind vendor shall be entitled to the net proceeds of the operation of the business enterprise the individual operates, less the amount set aside by the state licensing agency.
Subp. 2. Licensed blind vendor duties.
Each licensed blind vendor shall agree to:
A. perform faithfully and to the best of the licensed blind vendor's ability the necessary duties in connection with the operation of a business enterprise according to the state licensing agency's rules, the terms of the state licensing agency's permit to operate in the building or property, and the agreement with the licensed blind vendor;
B. cooperate with official and duly authorized representatives of the state licensing agency in connection with their official program responsibilities;
C. operate the business enterprise according to all applicable health laws and regulations and any other applicable federal, state, or local law or regulation;
D. furnish monthly reports at the offices of the state licensing agency by or on the tenth day of the following month, listing sales by type, other income, purchases, other expenditures, and personal withdrawals, and attaching all statements and invoices or copies thereof, properly receipted. Inventory of merchandise must be included when requested;
E. indemnify and hold harmless the state of Minnesota, its officers, or agents, for any acts or omissions of said licensed blind vendor that may result in the licensed blind vendor's liability to third parties, and the state shall not be liable for negligence based on any theory of liability;
F. provide the licensing agency at least 60 days' notice of intent to take a leave of absence;
G. first make attempts to locate an individual with a disability before approving the employment of a nondisabled person when it has been determined that a relief operator or an assistant or assistants must be employed. The wages paid for any assistance employed, including bookkeeping, must be in reasonable proportion to work performed and must be approved by the state licensing agency;
H. acquire liability insurance and, if necessary, workers' compensation insurance for the business enterprise;
I. provide the state licensing agency at least a six-month notice of intent to retire from the program; and
J. complete a product inventory no less than once annually.
Subp. 3. Agency duties.
A. The state licensing agency assumes responsibility for providing licensed blind vendors the supervision, assistance, and training necessary to ensure the operation of each business enterprise in the most productive and efficient manner possible. This supervision, assistance, and training must be performed according to the following policies in addition to other provisions of parts 3321.0100 to 3321.1300.
B. In entering agreements for new or vacated business enterprises, preference on the basis of seniority of experience of operating business enterprises under the control of the state licensing agency shall be given to capable licensed blind vendors who are deemed competent to handle the business enterprise under consideration. The application of this preference must not prohibit the state licensing agency from selecting a licensed blind vendor from the community in which the business enterprise is located. No licensed blind vendor may transfer to another business enterprise and bid back into the business enterprise the licensed blind vendor just left in the same bidding sequence. Seniority must be determined on the basis of continuous service as a licensed blind vendor in the business enterprises program with the state licensing agency.
C. The state licensing agency shall determine a licensed blind vendor is in default if either of the following is more than 30 days late arriving at the offices of the state licensing agency:
D. A leave of absence for medical reasons, supported by a doctors statement, may be granted by the state licensing agency and management committee, and the licensed blind vendor shall continue to accrue seniority during the leave. A medical leave of absence for up to six months may be granted under a plan in which the requesting licensed blind vendor retains responsibility for and general management of the current business enterprise. A medical leave up to one year may also be granted under a plan in which the licensed blind vendor permanently gives up all responsibility for and rights to the current business enterprise. A doctor's statement of ability to return to work is required before a licensed blind vendor's actual return to a business enterprise. Upon returning from a one-year medical leave of absence, the licensed blind vendor must comply with part 3321.0300, subpart 1, item E. Prior to entering into a new agreement with the licensed blind vendor who is returning from the one-year medical leave of absence, the state licensing agency must evaluate the licensed blind vendor to ensure continued compliance with part 3321.0200, item C. If necessary, the state licensing agency must provide additional training to a licensed blind vendor to meet this standard before entering into a new agreement.
E. A general leave of absence may be granted by the state licensing agency and management committee during which time the licensed blind vendor shall not accrue seniority but may exercise seniority rights for new or vacated business enterprises. The licensed blind vendor shall retain seniority accrued up to the date of the leave. A licensed blind vendor on general leave shall give up all rights to the business enterprise which they are operating. Prior to entering into a new agreement with the licensed blind vendor who is returning from a general leave of absence, the state licensing agency must evaluate the licensed blind vendor to ensure continued compliance with part 3321.0200, item C. If necessary, the state licensing agency must provide additional training to a licensed blind vendor to meet this standard before entering into a new agreement.
F. The wages paid by a licensed blind vendor for any assistance employed, including bookkeeping, must be in reasonable proportion to work performed and must be approved by the state licensing agency.
G. The state licensing agency shall approve the items and the selling prices at which those items may be sold, which comprise the merchandise inventory at each business enterprise.
H. The state licensing agency must purchase liability insurance for a business enterprise only when, in the opinion of the state licensing agency, it is deemed essential that the state licensing agency purchase this insurance.
I. The state licensing agency shall review all licensed blind vendor monthly reports, statements and invoices, and other information with specific attention to expenses and take those steps necessary to ensure licensed blind vendor payment of those expenses.
History
- Statutory Authority: MS s 248.07
- History: L 1985 1Sp14 art 9 s 12; 15 SR 692; L 2005 c 56 s 2; 37 SR 939
Minn. R. 3321.1100 Licensed Blind Vendor Management Committee
Subpart 1. Annual election for representatives.
The state licensing agency and the elections subcommittee of the licensed blind vendor management committee must conduct an annual election for representatives to the licensed blind vendor management committee, hereinafter referred to as the "management committee."
Subp. 2. Representation, nominations, and terms.
A. The management committee must consist of two representatives from each of three program districts. These districts must be designated in the management committee bylaws and, to the extent possible, must be fully representative of all licensed blind vendors in the business enterprises program on the basis of geography and vending facility type with a goal of providing for proportional representation of blind vendors on federal property and blind vendors on other property.
B. Nominations for two representatives must be solicited in each district for that district starting with and only for the 2012 election for representatives taking office in 2013. After each district has elected two representatives, each representative must be assigned by flip of coin either seat A or B for their district. Seat A must serve a one-year term and seat B must serve a two-year term. Nominations for subsequent elections must be for one representative from each district each year. The intent is to ensure no more than one seat from each district be up for election each year.
C. Elections must be by licensed blind vendors in each district for their district.
D. Each term, with the exception of the three representatives in the first election as described in item B must be two years, with a limit of two successive terms.
E. The management committee shall elect its own chair and other officers. The chair shall appoint subcommittees as necessary.
F. The management committee must meet a minimum of four times a year. Meetings may be called by notice of either the state licensing agency or the chair of the management committee. Subcommittees may meet as necessary to carry on their functions.
G. The management committee shall establish bylaws to further govern the functions of the management committee.
Subp. 3. Duties of management committee.
The management committee's duties are to:
A. actively participate with the state licensing agency in major administrative decisions and policy and program development affecting the overall administration of all business enterprises;
B. receive and transmit grievances of licensed blind vendors to the state licensing agency and serve as their advocates;
C. actively participate with the state licensing agency in the administration of the transfer and promotion system for licensed blind vendors;
D. actively participate with the state licensing agency in developing training and retraining programs;
E. sponsor, with the assistance of the state licensing agency, meetings and instructional conferences for licensed blind vendors; and
F. actively participate with the state licensing agency in the administration of licensed blind vendor leave requests.
History
- Statutory Authority: MS s 248.07
- History: L 1985 1Sp14 art 9 s 12; 15 SR 692; 37 SR 939
Minn. R. 3321.1200 Review of Agency Decisions
Subpart 1. Written notice.
Licensed blind vendors shall be informed in writing at the time they are licensed of their right to and the procedures to be followed for obtaining an informal administrative review or a full evidentiary hearing regarding an agency decision.
Subp. 2. Informal administrative review procedures.
An opportunity for an informal administrative review must be afforded to each licensed blind vendor dissatisfied with any action arising from the operation or administration of the business enterprise program. The procedures in items A to D must be followed in granting licensed blind vendors an informal administrative review.
A. A licensed blind vendor or the licensed blind vendor's designee (who need not be an attorney) may request an informal administrative review. This request must be in writing to the director of the state licensing agency within 15 calendar days of the occurrence of the action and must state the specific action with which the licensed blind vendor is dissatisfied. This informal administrative review must be conducted by supervisory staff of the state licensing agency who have not in any way participated in the state licensing agency action in question.
B. The informal administrative review must be held during regular agency working hours, at a district or local office location. An informal administrative review must be conducted within 30 calendar days of receipt by the state licensing agency of the written request.
C. Documentation as to written requests for informal administrative review and actions and decisions resulting therefrom shall be maintained as part of the official record of the informal administrative review process.
D. If an informal administrative review does not resolve a dispute to the satisfaction of a licensed blind vendor, the licensed blind vendor may request that the state licensing agency provide a full evidentiary hearing.
Subp. 3. Full evidentiary hearing procedures.
An opportunity for a full evidentiary hearing conducted pursuant to Minnesota Statutes, chapter 14, must be afforded to each licensed blind vendor dissatisfied with any action arising from the operation or administration of the business enterprises program. The procedures in items A to F must be followed in granting licensed blind vendors a full evidentiary hearing.
A. If a licensed blind vendor requests a full evidentiary hearing, the request must be made either within 15 calendar days after an adverse decision based on an informal administrative review or, in the absence of an informal administrative review, within 15 calendar days of the occurrence of the state licensing agency action with which the licensed blind vendor is dissatisfied.
B. A licensed blind vendor or the licensed blind vendor's designee must request a full evidentiary hearing in writing. This written request must be transmitted to the director of the state licensing agency. The request must specify the action being appealed.
C. The full evidentiary hearing shall be held at a time and place convenient and accessible to the licensed blind vendor requesting a full evidentiary hearing. A full evidentiary hearing held during regular state licensing agency working hours and located at the state licensing agency central office must be deemed among the convenient times and places. Upon receipt of the request, the state licensing agency shall immediately request a hearing date from the state Office of Administrative Hearings, whose designee shall serve as the administrative law judge, and then notify the licensed blind vendor of the time and place for the full evidentiary hearing. The licensed blind vendor must be provided sufficient preparation time before the full evidentiary hearing. The licensed blind vendor shall be provided a copy of the hearing procedures and rules.
D. The licensed blind vendor has the right to be represented by counsel, and may present witnesses and cross-examine adverse witnesses.
E. A transcript of the proceeding must be available to the licensed blind vendor.
F. After receipt of the report of the administrative law judge, the director of the state licensing agency shall issue a final written decision within 15 calendar days.
Subp. 4. Arbitration panel.
If the licensed blind vendor is dissatisfied with the decision rendered after a full evidentiary hearing, the licensed blind vendor may request that an arbitration panel be convened by filing a complaint with the secretary of the Department of Education, as authorized by Code of Federal Regulations, title 34, section 395.13.
History
- Statutory Authority: MS s 248.07
- History: L 1984 c 640 s 32; L 1984 c 654 art 5 s 58; L 1985 1Sp14 art 9 s 12; 15 SR 692; 37 SR 939
Minn. R. 3321.1300 Access to Program and Financial Information
Each licensed blind vendor shall be provided access to all program and financial data of the state licensing agency relevant to the operation of the business enterprises program, including quarterly and annual financial reports, provided that the disclosure does not violate applicable federal or state laws pertaining to the disclosure of confidential information. Insofar as is practicable, the data shall be made available in braille, audio, or electronic format. At the request of a licensed blind vendor, the state licensing agency must arrange a convenient time to assist in the interpretation of the data. The management committee organized under part 3321.1100 shall be provided all individual and program data necessary to carry out its purpose and function.
History
- Statutory Authority: MS s 248.07
- History: L 1985 1Sp14 art 9 s 12; 15 SR 692; 37 SR 939
Minn. R. 3321.1400 [Repealed, 37 SR 939]
[Repealed, 37 SR 939]
Chapter 3325 REHABILITATION; VISUALLY IMPAIRED
Minn. R. 3325.0100 Purpose and Scope
Subpart 1. Purpose.
The purpose of this chapter is to establish procedures and standards for the provision of rehabilitation services to blind and visually impaired persons present in Minnesota.
Subp. 2. Scope.
This chapter applies to State Services for the Blind (SSB), all vendors of services under written contract with SSB, and all persons applying for or receiving rehabilitation service from SSB. This chapter does not require expenditures for an eligible individual if funds are not available to SSB from federal and state appropriations for the provision of rehabilitation services under the program in which the eligible individual is being served.
Subp. 3. Exclusion.
All matters pertaining to the operation of the Business Enterprises Program under Code of Federal Regulations, title 34, part 395, are governed by parts 3321.0100 to 3321.1300 and are not affected by this chapter.
Subp. 4.
[Repealed, 36 SR 33]
History
- Statutory Authority: MS s 248.07
- History: 11 SR 1784; L 2005 c 56 s 2; 36 SR 33; 37 SR 939; 39 SR 513
Minn. R. 3325.0110 Definitions
Subpart 1. Scope.
The terms used in this chapter have the meanings given to them in this part.
Subp. 1a. Activities of daily living.
"Activities of daily living" means the basic tasks necessary to maintain one's functional independence in the following areas:
A. personal management;
B. communicating; and
C. traveling.
Subp. 2. Adjustment to blindness services.
"Adjustment to blindness services" means vocational rehabilitation counseling, rehabilitation teaching services, and orientation and mobility services as defined in subparts 50, 66, and 86a.
Subp. 3.
[Repealed, 36 SR 33]
Subp. 4. Alternative techniques.
"Alternative techniques" means methods that enable persons to perform activities of daily living independently without sight or with limited sight. These methods include cane travel and braille reading and writing.
Subp. 5. Appellant.
"Appellant" means an applicant or eligible individual who has made a written request for review and mediation under part 3325.0478. Appellant includes, as appropriate, an appellant's designated representative.
Subp. 6. Applicant.
"Applicant" means a person who submits a request, consistent with Code of Federal Regulations, title 34, section 361.41 (b)(2), to SSB for vocational rehabilitation services or a person on whose behalf the person's designated representative submits such a request, has provided SSB information necessary to initiate an assessment to determine eligibility and priority for services, and is available to complete the assessment process.
Subp. 7. Audiological examination and audiologist.
"Audiological examination" means an examination by an audiologist of a person's hearing, including puretone threshold testing (air and bone); speech discrimination testing; impedance audiometry; and other special tests. "Audiologist" means a person with a degree in audiology who measures and evaluates the hearing of people of all ages; provides information on a person's hearing loss; prescribes hearing aids; and plans or refers for necessary rehabilitation programs.
Subp. 8.
[Repealed, 36 SR 33]
Subp. 9.
[Repealed, 36 SR 33]
Subp. 10. Client Assistance Program or CAP.
"Client Assistance Program" or "CAP" means the federal and state sponsored program through which persons are provided with advocates to represent and assist them on matters related to rehabilitation. CAP is governed by Code of Federal Regulations, title 34, section 370.
Subp. 11. Communication center services.
"Communication center services" means services provided through SSB's communication center. Through its communication center, SSB:
A. custom transcribes books and other materials onto cassette tape, digital media, or into braille;
B. researches the availability of textbooks on cassette tape, digital media, or in braille at sources other than SSB;
C. provides books that have been custom transcribed onto cassette tape, digital media, or into braille;
D. broadcasts closed circuit radio readings of recent newspapers, books, and magazines and lends the closed circuit radio receivers needed to receive the broadcasts;
E. lends playback machines needed to use cassette tapes or digital recordings obtained from SSB's communication center or the Library of Congress; and
F. repairs the playback machines and radio receivers it lends.
Subp. 12. Communication skills training.
"Communication skills training" means instruction aimed at improving a blind, visually impaired, or deafblind person's ability to communicate with others. This training includes instruction in one or more of the following: braille; cursive writing; typing; sign language and other forms of manual communication; and the use of rehabilitation technology that aid communication.
Subp. 12a. Community rehabilitation program.
"Community rehabilitation program" means a facility as defined in Code of Federal Regulations, title 34, section 361.5(b)(9), which is operated for the primary purpose of providing rehabilitation services to blind persons or other persons with disabilities. Except where specifically excluded, an individual providing services to an applicant or eligible individual under a written contract with SSB is considered a community rehabilitation program for the purposes of part 3325.0470.
Subp. 12b. Comparable services and benefits.
"Comparable services and benefits," as applicable to the vocational rehabilitation program and defined by Code of Federal Regulations, title 34, section 361.5(b)(10), means services and benefits that are:
A. provided or paid for, in whole or in part, by other federal, state, or local public agencies, by health insurance, or by employee benefits;
B. available to the individual at the time needed to ensure the progress of the individual toward achieving the employment outcome in the individual's employment plan; and
C. commensurate with the services that the individual would otherwise receive from SSB. For purposes of this definition, comparable benefits do not include awards and scholarships based on merit.
Subp. 12c. Competitive employment.
"Competitive employment," consistent with Code of Federal Regulations, title 34, section 361.5(b)(11), means work:
A. in the competitive labor market that is performed on a full-time or part-time basis in an integrated setting; and
B. for which an individual is compensated at or above the minimum wage, but not less than the customary wage and level of benefits paid by the employer for the same work performed by individuals who are not disabled.
Subp. 13. Deafblind.
"Deafblind" refers to visually impaired or blind applicants or eligible individuals who have physiological, chronic hearing losses which prevent them from hearing and understanding most speech with optimum amplification.
Subp. 14. Department.
"Department" means the Minnesota Department of Employment and Economic Development.
Subp. 15. Designated representative.
"Designated representative" means a person designated by an applicant or eligible individual to represent the applicant or eligible individual in any matter pertaining to a request for or receipt of rehabilitation services. The designated representative:
A. for a person 18 years of age or older, must be a person designated by an applicant or eligible individual so long as the designation is made in writing and only one representative is designated at one time; or
B. for an applicant or eligible individual under 18 years of age, must be a parent, guardian, or other advocate. Notwithstanding items A and B, in cases where a court-appointed guardian or conservator is appointed by the court for the applicant or eligible individual, then the guardian or conservator is the designated representative. All signature requirements placed on an applicant or eligible individual by this chapter are satisfied by the signature of an applicant's or eligible individual's designated representative. All written notices which must be provided to an applicant or eligible individual under this chapter must be provided to the applicant's or eligible individual's designated representative unless providing the information would violate the Minnesota Data Practices Act.
Subp. 16. Diagnostic assessment services.
"Diagnostic assessment services" means medical examinations, optometric examinations, audiological evaluations, and other rehabilitation services provided to help an applicant or eligible individual and a vocational rehabilitation counselor assess the applicant's or eligible individual's skills, abilities, and aptitudes in order to determine eligibility, establish an employment outcome, and identify the specific rehabilitation services the eligible individual will need to achieve the eligible individual's employment outcome.
Subp. 16a. Direct service staff.
"Direct service staff" means SSB employees in the independent living and vocational rehabilitation units of SSB designated by the director to interact with and assist applicants and eligible individuals in the rehabilitation process. Direct service staff in the vocational rehabilitation unit of SSB includes the state classifications of vocational rehabilitation technician, rehabilitation counselor, and supervisors. Direct service staff in the independent living unit of SSB includes the classifications of state program administrator, rehabilitation counselor, and supervisor.
Subp. 17. Director.
"Director" means the director of SSB or the director's designated representative.
Subp. 18.
[Repealed, 36 SR 33]
Subp. 18a. Eligible individual.
"Eligible individual" means a person who has been determined eligible for rehabilitation services from SSB under the vocational rehabilitation program or independent living program.
Subp. 19.
[Repealed, 36 SR 33]
Subp. 19a. Employment outcome.
"Employment outcome" means, with respect to an individual, entering or retaining full-time or, if appropriate, part-time competitive employment, as defined in Code of Federal Regulations, title 34, section 361.5(b)(16), in the integrated labor market, supported employment, telecommuting, or business ownership, that is consistent with an individual's strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice.
Subp. 20. Extended evaluation.
"Extended evaluation" means the process used in limited circumstances according to Code of Federal Regulations, title 34, section 361.42 (f), to determine the individual's ability to benefit from vocational rehabilitation services.
Subp. 21. Family member.
"Family member" means, for purposes of receiving vocational rehabilitation services in accordance with Code of Federal Regulations, title 34, sections 361.5(b)(23) and 361.48 (i), an individual:
A. who either:
B. who has a substantial interest in the well-being of that individual; and
C. whose receipt of vocational rehabilitation services is necessary to enable the applicant or eligible individual to achieve an employment outcome. For purposes of the independent living program, family member means an individual who meets the requirements of items A and B and whose receipt of independent living services is necessary to enable the eligible individual to achieve independent living goals.
Subp. 22. Family income.
"Family income" means the income of an eligible individual and the following persons:
A. the eligible individual's spouse; and
B. the eligible individual's parent or parents if:
Subp. 23.
[Repealed, 36 SR 33]
Subp. 24.
[Repealed, 36 SR 33]
Subp. 25.
[Repealed, 36 SR 33]
Subp. 26. Income.
"Income" means cash payments or benefits, other than gifts or loans, received by or actually available to an eligible individual from public or private sources. These payments or benefits include:
A. cash earnings from wage or salaried positions before payroll deductions;
B. cash income receipts from one's own business, farm, or profession after deduction of operating expenses;
C. unearned payments from government assistance programs or other public sources such as unemployment benefits, workers' compensation, veteran's benefits, Social Security, and government pensions; and
D. unearned payments from private sources such as private pensions, annuities, net rental income, dividends, and interest.
Subp. 27. Independence.
"Independence" means freedom from unwanted and unnecessary dependence upon other persons and things in all areas of life.
Subp. 27a. Independent living counseling.
"Independent living counseling" means the process by which SSB direct service staff in the independent living program help an eligible individual:
A. understand the individual's abilities and potential;
B. realize that blindness and visual impairment are a natural part of the human experience, and that most of the physical limitations associated with blindness and visual impairment can be overcome by learning alternative techniques;
C. identify and establish feasible independent living goals; and
D. complete a program of services leading to the achievement of the individual's independent living goals.
Subp. 28. Independent Living Program.
"Independent Living Program" means the state and federally funded SSB program that provides services to individuals whose severe visual impairment makes competitive employment extremely difficult to obtain, but for whom independent living goals are feasible.
Subp. 29. Individualized plan for employment or IPE.
"Individualized plan for employment" or "IPE" means the individualized written document required for each eligible individual designed to achieve the specific employment outcome that is selected by the individual consistent with the individual's unique strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice, and to the maximum extent appropriate, results in employment in an integrated setting, as defined in Code of Federal Regulations, title 34, sections 361.45 and 361.46.
Subp. 29a. Informed choice.
"Informed choice" means a process by which individuals or, as appropriate, their designated representatives make decisions when applying for or receiving vocational rehabilitation services. The process consists of:
A. the identification of available options;
B. the identification of both favorable and unfavorable consequences of pursuing each option;
C. selecting an option after weighing and deliberating each one and its consequences; and
D. commitment and action to pursue the selected option. SSB must assist applicants and eligible individuals or, as appropriate, their designated representatives by providing information and support services throughout the process consistent with Code of Federal Regulations, title 34, section 361.52.
Subp. 30. Initial stocks and supplies.
"Initial stocks and supplies" are defined as follows.
A. "Initial stocks" means the inventory of goods for direct resale to consumers by an eligible individual entering into a self-employment enterprise.
B. "Supplies" means the expendable items that are necessary for the day to day operations of a business and that are consumed on the premises of the business.
Subp. 31. Institutions of higher learning.
"Institutions of higher learning" means accredited universities, colleges, community colleges, junior colleges, business colleges, trade schools, and technical colleges.
Subp. 32.
[Repealed, 36 SR 33]
Subp. 33. Interpreter services.
"Interpreter services" means:
A. manual or tactile interpreting of oral or written communication to deafblind applicants and eligible individuals by an interpreter; or
B. foreign language interpreter.
Subp. 34.
[Repealed, 36 SR 33]
Subp. 34a. Job-related services.
"Job-related services" includes job search and placement assistance, job retention services, follow-up services, and follow-along services consistent with Code of Federal Regulations, title 34, section 361.48 (l).
Subp. 35. Legal blindness or blind.
"Legal blindness" or "blind" means a central visual acuity of 20/200 or less in the better eye with best correction or a defect in the peripheral field of vision such that the widest diameter of the visual field subtends an angle no greater than 20 degrees.
Subp. 36.
[Repealed, 39 SR 513]
Subp. 37. Low vision aids.
"Low vision aids" means optical and nonoptical instruments and techniques that help blind persons and persons with visual impairments improve the use of their residual vision.
A. "Optical low vision aids" means lenses or lens systems that enlarge or clarify the retinal image of an object so that it can be better perceived without enlarging the object itself. These aids include, but are not limited to, monocular and binocular hand-held magnifiers, head and stand supported magnifiers of both simple and telescopic types, color filter lenses, and electro-optical devices such as closed circuit televisions.
B. "Nonoptical low vision aids" means techniques and instruments other than lenses that enlarge or clarify the retinal image of an object so that it can be better perceived. These aids include, but are not limited to, wide lined paper, high intensity lamps, large print, colored paper, wide tipped pens, and large print telephone dials.
Subp. 38. Low vision clinician.
"Low vision clinician" means an ophthalmologist or optometrist who provides low vision services.
Subp. 39. Low vision services.
"Low vision services" means services that help an eligible individual use or improve the use of residual vision in performing specific tasks involved in achieving and maintaining rehabilitation goals. These services consist of low vision aids and the functional assessments, ophthalmologic or optometric examinations and training necessary for the provision and effective use of low vision aids.
Subp. 40. Low vision specialist.
"Low vision specialist" means:
A. an SSB direct service staff person who has completed at least 80 hours of training in a low vision training program approved by the director; or
B. a person with experience in low vision rehabilitation who has completed at least 80 hours of training in a low vision training program approved by the director. The 80 hours of training referred to in this item and in item A must include instruction in:
Subp. 41. Maintenance.
"Maintenance" means the minimum monetary support provided to an individual for expenses such as food, shelter, and clothing that are in excess of the normal expenses of the individual and that are necessitated by the individual's assessment for or participation in a rehabilitation program.
Subp. 42.
[Repealed, 36 SR 33]
Subp. 43.
[Repealed, 36 SR 33]
Subp. 44. Note taking services.
"Note taking services" means the recording of oral or written communication for later use by applicants or eligible individuals.
Subp. 45. Occupational equipment.
"Occupational equipment" means occupational fixtures, vehicles, and machinery normally required for entry into employment or for efficient job performance.
Subp. 46. Occupational licenses.
"Occupational licenses" means any license, permit, or other written authority required by a state, city, or other governmental unit as a precondition to entering an occupation or starting a small business.
Subp. 47. Occupational tools.
"Occupational tools" means instruments normally required for entry into employment or for efficient job performance.
Subp. 48.
[Repealed, 36 SR 33]
Subp. 49. Ophthalmologist.
"Ophthalmologist" means a physician who specializes in diseases of the eye and who is certified by the American Board of Ophthalmology.
Subp. 50. Orientation and mobility services.
"Orientation and mobility services" means the provision of aids and devices and instruction in their use, which enable an eligible individual to travel safely and independently without sight or with impaired sight. These services include the provision of white canes and instruction in cane travel.
Subp. 51. Orientation and mobility specialist.
"Orientation and mobility specialist" means a person with a degree in orientation and mobility from a college or university accredited by a regional accrediting association or by an agency with standards equivalent to those of the regional accrediting association.
Subp. 52.
[Repealed, 36 SR 33]
Subp. 53. Optometrist.
"Optometrist" means a person who is currently licensed to practice optometry under Minnesota Statutes, section 148.57.
Subp. 53a. Personal assistance services.
"Personal assistance services," consistent with Code of Federal Regulations, title 34, section 361.5(b)(39), means a range of services provided by one or more persons designed to assist an individual with a disability to perform daily living activities on or off the job that the individual would typically perform without assistance if the individual did not have a disability. The services must be designed to increase the individual's control in life and ability to perform everyday activities on or off the job. The services must be necessary to the achievement of an employment outcome and may be provided only while the individual is receiving other vocational rehabilitation services. The services may include training in managing, supervising, and directing personal assistance services.
Subp. 53b. Physical and mental restoration services.
"Physical and mental restoration services" means the medical or medically related services provided to correct or substantially modify, within a reasonable time, a physical or mental condition which is stable or slowly progressive. These services consist of the services listed under the definition of physical and mental restoration services in Code of Federal Regulations, title 34, section 361.5(b)(40).
Subp. 54. Physician.
"Physician" means a medical doctor who is currently licensed to practice medicine under Minnesota Statutes, chapter 147.
Subp. 55. Postemployment services.
"Postemployment services" means, as defined in Code of Federal Regulations, title 34, section 361.5(b)(42), one or more vocational rehabilitation services that are provided subsequent to the achievement of an employment outcome and that are necessary for an individual to maintain, regain, or advance in employment, consistent with the individual's strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice. These services are available to meet rehabilitation needs that do not require a complex and comprehensive provision of services and, thus, are limited in scope and duration. If more comprehensive services are required, then a new rehabilitation effort must be considered.
Subp. 56.
[Repealed, 36 SR 33]
Subp. 57.
[Repealed, 36 SR 33]
Subp. 58. Reader services.
"Reader services" means the oral reading of written material for an applicant or eligible individual.
Subp. 59. Referral.
"Referral" means a person who has contacted or been placed in contact with SSB to inquire into the possibility of obtaining services but who has not applied for rehabilitation services under part 3325.0120, subpart 2.
Subp. 60. Referral services.
"Referral services" means counseling or research on behalf of a referral, applicant, or eligible individual for the purpose of directing the individual to other agencies and organizations that provide financial assistance, rehabilitation services, or other services needed.
Subp. 61.
[Repealed, 36 SR 33]
Subp. 62.
[Repealed, 36 SR 33]
Subp. 63.
[Repealed, 36 SR 33]
Subp. 64.
[Repealed, 36 SR 33]
Subp. 65. Rehabilitation services.
"Rehabilitation services" means the services arranged for or provided to an eligible individual by SSB to achieve employment outcomes or independent living goals.
Subp. 66. Rehabilitation teaching services.
"Rehabilitation teaching services" means instruction in the use of alternative techniques other than outdoor cane travel, and aids and devices.
Subp. 67. Rehabilitation teacher.
"Rehabilitation teacher" means a person with a degree in rehabilitation teaching from a college or university accredited by a regional accrediting association or by an agency with standards equivalent to those of the regional accrediting association.
Subp. 67a. Rehabilitation technology.
"Rehabilitation technology," consistent with Code of Federal Regulations, title 34, sections 361.5(b)(45) and 361.48 (q), means the systematic application of technologies, engineering methodologies, or scientific principles to meet the needs of, and address the barriers confronted by, individuals with disabilities in areas that include education, rehabilitation, employment, transportation, independent living, and recreation. Rehabilitation technology includes rehabilitation engineering, assistive technology and sensory aids and devices, telecommunications, and assistive technology services.
Subp. 68.
[Repealed, 36 SR 33]
Subp. 69.
[Repealed, 36 SR 33]
Subp. 70.
[Repealed, 36 SR 33]
Subp. 71.
[Repealed, 36 SR 33]
Subp. 72. Services to family members.
"Services to family members, " consistent with Code of Federal Regulations, title 34, sections 361.5(b)(23) and 361.48 (i), means one or more of the rehabilitation services provided by SSB programs to members of an eligible individual's family in order to help the individual achieve an employment outcome or independent living goal.
Subp. 73.
[Repealed, 36 SR 33]
Subp. 74.
[Repealed, 36 SR 33]
Subp. 75.
[Repealed, 36 SR 33]
Subp. 75a. Severe visual impairment.
"Severe visual impairment" means a visual impairment for an individual that makes competitive employment extremely difficult to obtain, but for whom independent living goals are feasible.
Subp. 76. Similar benefits.
"Similar benefits" means services or financial assistance available to eligible individuals served in the independent living program from one or more sources other than SSB or an eligible individual to meet, in whole or part, the cost of rehabilitation services to be provided under an eligible individual's plan. Similar benefits include benefits available to eligible individuals from Medicare, Medicaid, the Veteran's Administration, individual and group insurance, community social service agencies, state agencies other than SSB, and public and private educational grants.
Subp. 77. State Services for the Blind or SSB.
"State Services for the Blind" or "SSB" means the organizational unit of the Department of Employment and Economic Development responsible for providing and coordinating the provision of rehabilitation services to blind persons and persons with visual impairments. For purposes of the vocational rehabilitation and independent living programs, State Services for the Blind or SSB is the state unit as defined in the Code of Federal Regulations, title 34, sections 361.5(b)(14) and 361.13 (b).
Subp. 78. Substantial impediment to employment.
"Substantial impediment to employment," consistent with Code of Federal Regulations, title 34, section 361.5(b)(52), means that a physical or mental impairment (in light of attendant medical, psychological, vocational, educational, communication, and other related factors) hinders an individual from preparing for, entering into, engaging in, or retaining employment consistent with the individual's abilities and capabilities.
Subp. 79.
[Repealed, 36 SR 33]
Subp. 80. Supervisory staff.
"Supervisory staff" means persons, other than the director employed by SSB, classified as supervisors or managers by the Minnesota Department of Management and Budget and employed by SSB.
Subp. 80a. Supported employment.
"Supported employment," consistent with Code of Federal Regulations, title 34, section 361.5(b)(53), means:
A. competitive employment in an integrated setting, or employment in an integrated work setting in which an individual is working toward competitive employment, consistent with the strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice of the individual with ongoing support services for an individual with the most significant disabilities:
B. transitional employment, as defined in Code of Federal Regulations, title 34, section 361.5(b)(56), for eligible individuals with the most significant disabilities due to mental illness.
Subp. 80b. Supported employment services.
"Supported employment services," consistent with Code of Federal Regulations, title 34, section 361.5(b)(54), means ongoing supportive services and other appropriate services needed to support and maintain an individual with the most significant disability in supported employment that are provided by SSB:
A. for a period of time not to exceed 18 months, unless under special circumstance the eligible individual and the vocational rehabilitation counselor jointly agree to extend the time to achieve the employment outcome identified in the employment plan; and
B. following transition, as postemployment services that are unavailable from an extended services provider and that are necessary to maintain or regain the job placement or advance in employment.
Subp. 81. Supportive services.
"Supportive services" means rehabilitation services that facilitate the determination of eligibility for rehabilitation services or the provision of other rehabilitation services but which do not, in themselves, provide a person with skills or capabilities that will enable the person to function more independently without continuation of the services for an unlimited period of time. These services include maintenance, transportation services, reader services, note taking services, and interpreter services. The services must be necessary to determine eligibility for rehabilitation services or to the achievement of an employment outcome or independent living goal and may be provided only while the individual is receiving other nonsupportive vocational or independent living rehabilitation services.
Subp. 81a. Technical assistance and other consultation services.
"Technical assistance and other consultation services," consistent with Code of Federal Regulations, title 34, section 361.48 (s), means conducting market analyses, developing business plans, and otherwise providing resources, to the extent those resources are authorized to be provided through the statewide workforce investment system, to eligible individuals who are pursuing self-employment or telecommuting or establishing a small business operation as an employment outcome.
Subp. 82.
[Repealed, 36 SR 33]
Subp. 82a. Transition services.
"Transition services," consistent with Code of Federal Regulations, title 34, section 361.5(b)(55), means a coordinated set of activities for a student designed within an outcome-oriented process that promotes movement from school to postschool activities, including postsecondary education, vocational training, integrated employment (including supported employment), continuing and adult education, adult services, independent living, or community participation. The coordinated set of activities must be based upon the individual student's needs, taking into account the student's preferences and interests, and must include instruction, community experiences, the development of employment and other postschool adult living objectives, and, if appropriate, acquisition of daily living skills and functional vocational evaluation. Transition services must promote or facilitate the achievement of the employment outcome identified in the student's employment plan.
Subp. 83. Transportation services.
"Transportation services" means services defined by Code of Federal Regulations, title 34, section 361.5(b)(57), including travel and related expenses that are necessary to determine eligibility for or to enable an individual to participate in a vocational rehabilitation or an independent living program, including expenses for training in the use of public transportation vehicles and systems.
Subp. 84. Visual impairment.
"Visual impairment" means:
A. central visual acuity of 20/60 or less in the better eye with best correction;
B. the absence of at least one full quadrant of binocular visual field; or
C. a physical condition or progressive loss of visual ability that will more likely than not result in legal blindness.
Subp. 85.
[Repealed, 36 SR 33]
Subp. 86.
[Repealed, 36 SR 33]
Subp. 86a. Vocational rehabilitation counseling.
"Vocational rehabilitation counseling" means the process by which a vocational rehabilitation counselor helps an eligible individual:
A. understand the individual's abilities and potential;
B. realize that blindness, visual impairment, and other impairments including combined vision and hearing loss are natural parts of the human experience, and that most of the physical limitations associated with blindness, visual impairment, and other impairments including combined vision and hearing loss can be overcome by learning and using alternative techniques;
C. identify and establish an employment outcome, and the nature and scope of services to reach the employment outcome, consistent with the requirements in the Rehabilitation Act of 1973, as amended, under United States Code, title 29, section 701, et seq.;
D. complete a program of services leading to the achievement of the employment outcome established in the eligible individual's individualized plan for employment; and
E. obtain competitive employment consistent with the employment outcome established in the eligible individual's individualized plan for employment.
Subp. 86b. Vocational rehabilitation counselor.
"Vocational rehabilitation counselor" means a person meeting the requirements of the classification of rehabilitation counselor and employed by SSB in the vocational rehabilitation program. An individual who meets the qualifications established by the Department of Management and Budget for being a vocational rehabilitation counselor, but is not employed by SSB, shall be considered a vocational rehabilitation counselor for the purposes of part 3325.0165, subpart 2, item A, subitem (2), unit (b).
Subp. 87. Vocational rehabilitation program.
"Vocational rehabilitation program" means the state and federally funded SSB program under which an eligible individual receives services leading to an employment outcome in accordance with Code of Federal Regulations, title 34, part 361.
Subp. 88. Vocational training services.
"Vocational training services" means instruction and supplies provided to a vocational rehabilitation eligible individual to help the eligible individual acquire the knowledge, skills, attitudes, and educational qualifications necessary to achieve an employment outcome. Vocational training services consist of:
A. tuition, fees, and materials required for training at an institution of higher learning; and
B. fees and materials required for vocational skills training in settings other than institutions of higher learning.
Subp. 89.
[Repealed, 36 SR 33]
Subp. 90.
[Repealed, 36 SR 33]
History
- Statutory Authority: MS s 248.07
- History: 11 SR 1784; L 1987 c 258 s 12; L 1989 c 246 s 2; L 1994 c 438 s 1; L 1997 c 66 s 80; L 1999 c 107 s 66; L 2000 c 343 s 4; L 2005 c 56 s 2; L 2005 c 112 art 2 s 41; L 2008 c 204 s 42; L 2009 c 101 art 2 s 109; 36 SR 33; 39 SR 513
Minn. R. 3325.0120 Accessing Vocational Rehabilitation Program Services
Subpart 1. Referral.
Referral may be from another agency or person or a self-referral and may be oral or written. The referral must provide the person's name and a method of contact.
Subp. 2. Written application.
A written application must be submitted by each person requesting vocational rehabilitation services. The application may be on an application form supplied by SSB, by letter, or by other written means such as a common intake form in a workforce center requesting vocational rehabilitation services. The application must be signed and dated by the applicant or applicant's designated representative.
Subp. 3.
[Repealed, 39 SR 513]
Subp. 4.
[Repealed, 39 SR 513]
Subp. 5. Initial interview.
A vocational rehabilitation counselor shall personally interview each person referred to or who applied to SSB for vocational rehabilitation services within 30 days unless exceptional and unforeseen circumstances beyond SSB's control make it impossible to do so or unless otherwise agreed upon by the individual and the vocational rehabilitation counselor. As part of the interview, the vocational rehabilitation counselor shall:
A. explain that the purpose of the vocational rehabilitation program is that the individual achieves an employment outcome consistent with the individual's unique strengths, resources, priorities, concerns, abilities, capabilities, career interests, and informed choice, and, to the maximum extent appropriate, that it results in employment in an integrated setting;
B. explain the vocational rehabilitation process, including roles and responsibilities;
C. explain other services offered by SSB;
D. request the applicant to provide the information needed to determine eligibility; and
E. inform the referral or applicant of the:
Subp. 6. Selection of program.
SSB direct service staff shall assume that all referrals to SSB are for the purpose of vocational rehabilitation unless the referral expressly and unequivocally states the referral does not want to pursue an employment outcome. In that case, SSB shall provide the individual with information about other SSB programs.
Subp. 7. Residency.
No applicant who is present in Minnesota may be denied rehabilitation services on the basis of residency.
Subp. 8. Access to contents of record of services.
Access to the contents of an applicant's or eligible individual's record of services or to any other information maintained by SSB that pertains to an applicant or eligible individual must be administered by SSB in accordance with the Minnesota Data Practices Act, Minnesota Statutes, chapter 13, and all other applicable laws and regulations.
Subp. 9. Written communication.
All written communication with an individual must be supplemented as necessary by other appropriate modes of communication consistent with the informed choice of the individual.
History
- Statutory Authority: MS s 248.07
- History: 11 SR 1784; 36 SR 33; 39 SR 513
Minn. R. 3325.0130 Conditions of Eligibility
An applicant is eligible for rehabilitation services under the vocational rehabilitation program only if a vocational rehabilitation counselor determines that the conditions of either item A or B are met.
A. The applicant has a visual impairment and meets the following conditions:
B. The applicant has been determined eligible for Social Security benefits under Title II or Title XVI of the Social Security Act based upon a visual impairment, in which case the applicant is presumed eligible consistent with Code of Federal Regulations, title 34, section 361.42 (a)(3). The determination of eligibility must be made within 60 days of receipt of an application unless documentation supports:
History
- Statutory Authority: MS s 248.07
- History: 11 SR 1784; 36 SR 33
Minn. R. 3325.0135 Priority for Services Under an Order of Selection
An eligible individual must be assigned a priority of service status if SSB is under an order of selection according to Code of Federal Regulations, title 34, sections 361.36 and 361.42 (g). SSB's order of selection policy shall be identified in the Minnesota state plan for vocational rehabilitation services according to Code of Federal Regulations, title 34, section 361.36 (a)(1). The Minnesota state plan for vocational rehabilitation services is incorporated by reference, is not subject to frequent change, and is available at SSB's offices. The eligible individual assigned to a priority of services status must be provided a description of services available from and information on how to contact the client assistance program.
History
- Statutory Authority: MS s 248.07
- History: 36 SR 33
Minn. R. 3325.0140 Information Required to Determine Eligibility and Priority for Services
Subpart 1. Purpose.
SSB shall conduct an assessment to determine whether an applicant is eligible for services under the vocational rehabilitation program and the applicant's priority for services.
Subp. 2. Scope.
Each eligibility and priority for services determination must be based on the information specified in items A and B.
A. A written report that documents the results of a medical eye or optometric examination of the applicant and is signed by a physician or optometrist. The report contains sufficient information for eligibility purposes if it enables the applicant's vocational rehabilitation counselor who reviews the report to determine whether the applicant has a visual impairment as of the date of application.
B. To the extent necessary, information regarding the applicant's employment history, educational background, and medical and other information needed to determine whether:
Subp. 3. Notice of eligibility.
After a vocational rehabilitation counselor has determined that an applicant is eligible for rehabilitation services, the vocational rehabilitation counselor shall inform the applicant in writing of the eligibility determination. The notice must be mailed by SSB within ten working days after a determination is made and shall inform the applicant that individuals who receive services must intend to achieve an employment outcome.
Subp. 3a. Procedures for ineligibility determination.
If a vocational rehabilitation counselor determines that an applicant is ineligible for vocational rehabilitation services, the vocational rehabilitation counselor must:
A. make the determination only after providing an opportunity for full consultation with the applicant, or as appropriate, the applicant's representative;
B. inform the applicant in writing within ten working days after a determination is made, supplemented as necessary by other appropriate modes of communication consistent with the informed choice of the applicant, of the ineligibility determination, including the reasons for the determination, the requirements under this part, and right of appeal under part 3325.0478;
C. provide a description of services available from and information on how to contact the client assistance program;
D. refer the applicant to other training or employment-related programs that are part of the one-stop service delivery system under the Workforce Investment Act of 1998, as amended, under United States Code, title 20, section 9701, et seq.;
E. provide information and referral to other organizations or programs from which the applicant might benefit, including independent living services; and
F. if requested by the applicant, or as appropriate the applicant's representative, review the ineligibility decision within 12 months and annually thereafter if the eligibility decision is based on a finding that the applicant is incapable of achieving an employment outcome.
Subp. 4.
[Repealed, 36 SR 33]
Subp. 5.
[Repealed, 36 SR 33]
Subp. 6.
[Repealed, 36 SR 33]
Subp. 7.
[Repealed, 36 SR 33]
History
- Statutory Authority: MS s 248.07
- History: 11 SR 1784; 36 SR 33
Minn. R. 3325.0142 Closure Without an Eligibility Decision
An applicant's record of services may be closed without an eligibility decision in cases where the applicant declines to participate in, or is unavailable to complete, an assessment for determining eligibility and priority of services and SSB has made multiple and varied attempts to contact the applicant or, if appropriate, the applicant's designated representative, to encourage the applicant's participation.
History
- Statutory Authority: MS s 248.07
- History: 36 SR 33
Minn. R. 3325.0145 Trial Work Experience
Subpart 1. Purpose.
Prior to a determination that an individual with a disability is incapable of benefiting from services in terms of employment because of the severity of that disability, SSB must conduct an exploration of the individual's abilities, capabilities, and capacity to perform in realistic work situations to determine whether clear and convincing evidence supports such a determination. Where an individual cannot take advantage of a trial work period under this part, an extended evaluation under part 3325.0150 must be conducted.
Subp. 2. Plan.
SSB must develop a written plan to assess periodically the individual's abilities, capabilities, and capacity to perform in work situations through the use of trial work experiences, which must be provided in the most integrated setting possible, consistent with informed choice and rehabilitation needs of the individual.
Subp. 3. Scope and duration.
Trial work experiences include supported employment, on-the-job training, and other experiences using realistic work settings. Trial work experiences must be of sufficient variety and duration to determine that:
A. there is sufficient evidence to conclude that the individual can benefit from services in terms of employment; or
B. there is clear and convincing evidence that the individual is incapable of benefiting from services in terms of an employment outcome due to the severity of the individual's disability.
Subp. 4. Supports during trial work experiences.
SSB shall provide supports, including rehabilitation technology and services, and personal assistance services to accommodate the rehabilitation needs of the individual during the trial work experiences.
History
- Statutory Authority: MS s 248.07
- History: 36 SR 33
Minn. R. 3325.0150 Extended Evaluation
Subpart 1. Purpose.
Where an individual cannot take advantage of a trial work period under part 3325.0145, an extended evaluation must be conducted to determine whether there is sufficient evidence to conclude that the individual can benefit from the provision of vocational rehabilitation services in terms of employment outcome or if there is clear and convincing evidence that an individual with a disability is incapable of benefiting from services in terms of employment because of the severity of that disability.
Subp. 2. Plan.
SSB must develop a written plan for providing only those services necessary to make a determination whether or not there is clear and convincing evidence that an individual with a disability is incapable of benefiting from services in terms of employment because of the severity of that disability. Services must be provided in the most integrated setting possible, consistent with informed choice and rehabilitation needs of the individual.
Subp. 3. Scope and duration.
Extended evaluation services must be of sufficient variety and duration to determine that:
A. there is sufficient evidence to conclude that the individual can benefit from services in terms of employment; or
B. there is clear and convincing evidence that the individual is incapable of benefiting from services in terms of an employment outcome due to the severity of the individual's disability.
Subp. 4.
[Repealed, 36 SR 33]
Subp. 5. Supports during extended evaluation.
SSB must provide supports, including rehabilitation technology and services, and personal assistance services to accommodate the rehabilitation needs of the individual during the extended evaluation.
History
- Statutory Authority: MS s 248.07
- History: 11 SR 1784; 36 SR 33
Minn. R. 3325.0160 [Repealed, 36 SR 33]
[Repealed, 36 SR 33]
Minn. R. 3325.0165 Development of Individualized Plan for Employment (ipe)
Subpart 1. Purpose.
SSB must conduct an assessment for determining vocational rehabilitation needs, if appropriate, for each eligible individual or, if SSB is operating under an order of selection as provided in part 3325.0135, for each eligible individual to whom SSB is able to provide services. The purpose of this comprehensive assessment is to determine the employment outcome and the nature and scope of vocational rehabilitation services to be included in the IPE. The IPE must:
A. be designed to achieve the specific employment outcome that is selected by the individual that is consistent with the individual's unique strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice; and
B. to the maximum extent appropriate, result in employment in an integrated setting.
Subp. 2. Introductory information.
SSB must provide the introductory information in items A and B to each eligible individual or, as appropriate, the individual's representative, in writing and, if appropriate, in the native language or mode of communication of the individual or the individual's representative.
A. SSB must provide information on the available options for developing the IPE and amendments thereto, including the option that an eligible individual or, as appropriate, the individual's representative may develop all or part of the IPE:
B. SSB must provide additional information to assist the eligible individual or, as appropriate, the individual's representative in developing the IPE and amendments, including:
Subp. 3. Mandatory procedures.
SSB must ensure that:
A. the IPE is a written document prepared on forms provided by SSB;
B. the IPE is developed and implemented in a manner that gives eligible individuals the opportunity to exercise informed choice, consistent with part 3325.0110, subpart 29a, in selecting:
C. the IPE is:
D. a copy of the IPE and a copy of any amendments to the employment plan are provided to the eligible individual or, as appropriate, the individual's representative, in writing and, if appropriate, in the native language or mode of communication of the individual or, as appropriate, the individual's representative;
E. the IPE is reviewed at least annually by a vocational rehabilitation counselor and the eligible individual or, as appropriate, the individual's representative to assess the eligible individual's progress in achieving the identified employment outcome;
F. the IPE is amended, as necessary, by the individual or, as appropriate, the individual's representative, in collaboration with a qualified vocational rehabilitation counselor employed or not employed by SSB, if there are substantive changes in the employment outcome, the vocational rehabilitation services to be provided, or the providers of the vocational rehabilitation services;
G. amendments to the IPE do not take effect until agreed to and signed by the eligible individual or, as appropriate, the individual's representative and by a qualified vocational rehabilitation counselor employed by SSB;
H. if SSB intends to institute a suspension, reduction, or termination of vocational rehabilitation services contained in an eligible individual's IPE because the eligible individual did not meet agreed-upon obligations contained in the IPE, or because the eligible individual has experienced life-changing events preventing the eligible individual from meeting agreed-upon obligations in the IPE, SSB must:
I. if SSB intends to close an individual's record of service in addition to the termination of vocational rehabilitation services, SSB must only follow the process outlined in part 3325.0190, subpart 4; and
J. an IPE for a student with a disability receiving special education services is developed:
Subp. 4. Standard for prompt development of IPE.
IPE's shall be completed within 90 days following the determination of eligibility unless there are exceptional and unforeseen circumstances beyond the control of SSB, and SSB and the eligible individual or, as appropriate, the individual's representative, agree to a specific extension of time. For transition students the IPE must be completed within 90 days following the determination of eligibility, or by the time the eligible individual leaves the school setting, whichever is earlier.
Subp. 5. Data for preparing IPE.
A. To the extent possible, the employment outcome and the nature and scope of vocational rehabilitation services to be included in the individual's IPE must be determined based on the data used for the assessment of eligibility and priority for services.
B. If additional data are necessary to determine the employment outcome and the nature and scope of services to be included in the IPE of an eligible individual, SSB must conduct a comprehensive assessment of the unique strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice, including the need for supported employment services, of the eligible individual, in the most integrated setting possible, consistent with the informed choice of the individual in accordance with Code of Federal Regulations, title 34, section 361.5(b)(6)(ii).
C. In preparing the comprehensive assessment, SSB must use, to the maximum extent possible and appropriate and in accordance with confidentiality requirements, existing information that is current as of the date of the development of the IPE, including:
D. The alternative techniques of blindness of all eligible individuals must be assessed, and any deficits identified addressed in the IPE.
History
- Statutory Authority: MS s 248.07
- History: 36 SR 33; 39 SR 513
Minn. R. 3325.0170 [Repealed, 36 SR 33]
[Repealed, 36 SR 33]
Minn. R. 3325.0175 Content of Ipe
Subpart 1. Mandatory components.
Regardless of the approach in part 3325.0165, subpart 2, item A, development of the IPE that an eligible individual selects for purposes of developing the IPE, each IPE must include:
A. a description of the specific employment outcome that is chosen by the eligible individual that:
B. a description of the specific rehabilitation services under part 3325.0180 that are:
C. time lines for the achievement of the employment outcome and for the initiation of services;
D. a description of the entity or entities chosen by the eligible individual or, as appropriate, the individual's representative that will provide the vocational rehabilitation services and the methods used to procure those services;
E. a description of the criteria that will be used to evaluate progress toward achievement of the employment outcome; and
F. the terms and conditions of the IPE, including, as appropriate, the information describing:
Subp. 2. Supported employment requirements.
An IPE for an individual with the most significant disability for whom an employment outcome in a supported employment setting has been determined to be appropriate must:
A. specify the supported employment services to be provided by SSB;
B. specify the expected extended services needed, which may include natural supports;
C. identify the source of extended services or, to the extent that it is not possible to identify the source of extended services at the time the IPE is developed, include a description of the basis for concluding that there is a reasonable expectation that those sources will become available;
D. provide for periodic monitoring to ensure that the individual is making satisfactory progress toward meeting the weekly work requirement established in the IPE by the time of transition to extended services;
E. provide for the coordination of services provided under an IPE with services provided under other individualized plans established under other federal or state programs;
F. to the extent that job skills training is provided, identify that the training will be provided on site; and
G. include placement in an integrated setting for the maximum number of hours possible based on the unique strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice of individuals with the most significant disabilities.
Subp. 3. Postemployment services.
The IPE for each individual must contain, as determined to be necessary, statements concerning:
A. the expected need for postemployment services prior to closing the record of services of an individual who has achieved an employment outcome;
B. a description of the terms and conditions for the provision of any postemployment services; and
C. if appropriate, a statement of how postemployment services will be provided or arranged through other entities as the result of arrangements made pursuant to the comparable services or benefits requirements in part 3325.0430.
Subp. 4. Coordination of services for students with disabilities who are receiving special education services.
The IPE for a student with a disability who is receiving special education services must be coordinated with the special education program for that individual in terms of goals, objectives, and services identified in the special education program.
History
- Statutory Authority: MS s 248.07
- History: 36 SR 33; 39 SR 513
Minn. R. 3325.0180 Scope of Services
SSB provides the following services to vocational rehabilitation eligible individuals subject to the conditions specified in part 3325.0420 in the most integrated setting that is appropriate for the service involved and is consistent with the informed choice of the individual:
A. adjustment to blindness services that consist of vocational rehabilitation counseling, rehabilitation teaching services, and orientation and mobility services;
B. communication center services;
C. diagnostic assessment services;
D. interpreter services;
E. job-related services;
F. low vision services;
G. maintenance;
H. note-taking services;
I. occupational licenses, tools, equipment, and initial stocks and supplies;
J. personal assistance services;
K. physical and mental restoration services;
L. postemployment services;
M. reader services;
N. referral services;
O. services to family members;
P. supported employment services;
Q. technical assistance and other consultation services;
R. rehabilitation technology;
S. transition services;
T. transportation services;
U. vocational training services; and
V. other goods and services related to employment or vocational training.
History
- Statutory Authority: MS s 248.07
- History: 11 SR 1784; 36 SR 33; 39 SR 513
Minn. R. 3325.0190 Closing the Record of Services
Subpart 1. Closing the record of services of individuals who have not achieved an employment outcome.
The record of services of an individual who has not achieved an employment outcome will be closed when the individual:
A. does not satisfy the eligibility conditions of the program identified in part 3325.0130; or
B. has not responded to multiple and varied attempts to contact the individual and has not responded to correspondence mailed to the person's last known address and containing a specific notification that the failure to respond within 15 calendar days after mailing shall result in closure of the individual's record of services;
C. has died;
D. has been institutionalized and will, as a result, be unavailable to receive needed services or evaluation from SSB;
E. has refused to comply with any of the requirements of parts 3325.0120 to 3325.0490 or with any terms or conditions in the eligible individual's written IPE;
F. has refused repeatedly to accept or use the rehabilitation services necessary to rehabilitate the eligible individual. Before closing the record of services or refusing to provide services based on this condition, the eligible individual's vocational rehabilitation counselor shall explain to the eligible individual the purpose of the program and the services to be provided and shall encourage the eligible individual's participation;
G. has been transferred to another agency;
H. was unable to accept or maintain employment because suitable transportation was either not feasible or not available; or
I. would have benefitted from the provision of supported employment services but for whom no source of extended services was available.
Subp. 2. Conditions for closing the record of services of individuals who have achieved an employment outcome.
The record of services of an individual who has achieved an employment outcome will be closed when the individual has:
A. achieved the employment outcome identified in the eligible individual's written IPE, and:
B. maintained employment for at least 90 calendar days and the eligible individual and vocational rehabilitation counselor agree that no further vocational rehabilitation services are needed, the employment outcome is satisfactory, and the eligible individual is performing well; and
C. been informed through appropriate modes of communication of the availability of postemployment services.
Subp. 3. Consultation prior to closing the record of services.
If SSB expects to discontinue services an eligible individual is receiving under a written IPE because the eligible individual no longer satisfies the eligibility conditions identified in part 3325.0130, SSB shall, before closing the record of services, offer the eligible individual a clear opportunity to discuss the anticipated closing of the case record according to Code of Federal Regulations, title 34, section 361.43.
Subp. 4. Notice of closing the record of services.
If an individual's record of services is to be closed for reasons other than successful rehabilitation under subpart 2, or death, SSB shall notify the individual of the proposed closing of the record of services. SSB must:
A. send notice to the individual by certified mail of the proposed closing of the record of services at least ten working days prior to the effective date of the proposed closing of the record of services;
B. provide in the notice the basis for and effective date of the proposed closing of the record of services;
C. provide in the notice a summary of the individual's appeal rights under part 3325.0478; and
D. provide in the notice a description of and information on the client assistance program. The record of services must contain a summary or description of the information or circumstances upon which the closure decision was based. If the closure decision was based on the eligible individual's refusal to accept or use necessary services provided by SSB, the record of services must include a description of the efforts made by SSB to encourage the eligible individual's participation in the vocational rehabilitation process.
History
- Statutory Authority: MS s 248.07
- History: 11 SR 1784; 36 SR 33; 39 SR 513
Minn. R. 3325.0200 Record of Services
SSB shall maintain for each applicant and eligible individual a record of services that contains the information required under the Code of Federal Regulations, title 34, section 361.47.
History
- Statutory Authority: MS s 248.07
- History: 11 SR 1784; 36 SR 33
Minn. R. 3325.0205 Accessing Independent Living Program Rehabilitation Services
Subpart 1. Referral.
Referral may be from another agency or person or a self-referral and may be oral or written. The referral must provide the person's name and a method of contact.
Subp. 2. Initial interview.
Each person referred to SSB for independent living rehabilitation services shall be personally interviewed within 30 days unless exceptional and unforeseen circumstances beyond SSB's control make it impossible to do so or unless otherwise agreed upon by the individual and the SSB direct service staff. Each person referred may identify a designated representative. As part of the interview, the SSB direct service staff must:
A. explain the independent living services available;
B. request the information needed to determine eligibility under part 3325.0220;
C. explain and determine interest in workforce development and communication center services offered by SSB; and
D. inform the individual of the:
Subp. 3.
[Repealed, 39 SR 513]
Subp. 4.
[Repealed, 39 SR 513]
Subp. 5. Residency.
No individual who is present in the state of Minnesota may be denied independent living rehabilitation services on the basis of residency.
Subp. 6. Access to contents of record of services.
Access to the contents of an individual's record of services or to any other information maintained by SSB which pertains to the individual must be administered by SSB in accordance with the Minnesota Data Practices Act, Minnesota Statutes, chapter 13, and all other applicable laws and regulations.
Subp. 7. Written communication.
All written communication with a referral or eligible individual must be supplemented as necessary by other appropriate modes of communication consistent with the informed choice of the individual.
History
- Statutory Authority: MS s 248.07
- History: 36 SR 33; 39 SR 513
Minn. R. 3325.0208 Priority for Services If Funds Are Not Available
If the director determines that SSB will not have sufficient funds to serve all current and anticipated eligible individuals in the independent living program in a given fiscal year, the director must implement the following priorities in serving individuals:
A. Priority 1: all eligible individuals currently served at the time of the determination under this part;
B. Priority 2: all eligible individuals living alone in a home or apartment in need of independent living services;
C. Priority 3: all eligible individuals living with others in a home or apartment in need of independent living services; and
D. Priority 4: all other eligible individuals in need of independent living services.
History
- Statutory Authority: MS s 248.07
- History: 36 SR 33
Minn. R. 3325.0210 Conditions of Eligibility
An individual is eligible to receive rehabilitation services under the independent living program only if:
A. the individual has a severe visual impairment;
B. the severe visual impairment makes competitive employment extremely difficult to obtain;
C. independent living goals are feasible for the individual; and
D. the individual is at least 18 years of age and the individual's school district is not legally obligated to provide independent living services.
History
- Statutory Authority: MS s 248.07
- History: 11 SR 1784; 36 SR 33
Minn. R. 3325.0220 Preliminary Interview and Assessment
Subpart 1. Purpose of interview and assessment.
SSB shall conduct an initial interview to determine whether an individual is eligible for rehabilitation services under the independent living program.
Subp. 2. Scope of interview and assessment.
Each eligibility determination must be based on the information specified in items A, B, and C.
A. An oral description by the individual of the individual's visual impairment, observation by the SSB direct service staff, or a written report which documents the results of a medical eye or optometric examination. The description, observation by the SSB direct service staff, or report contains sufficient information for eligibility purposes if it enables the SSB direct service staff interviewing the individual to determine whether the individual has a severe visual impairment.
B. A discussion by the SSB direct service staff and the individual regarding the individual's employment status and interests. The discussion contains sufficient information for eligibility purposes if it enables the SSB direct service staff to determine whether the individual's severe visual impairment makes competitive employment extremely difficult to obtain.
C. Other information regarding the individual to determine if independent living goals are feasible and whether the individual's school district is legally obligated to provide independent living services.
Subp. 3. Notice of eligibility.
After the SSB direct service staff has determined that an individual is eligible for independent living rehabilitation services, the SSB direct service staff shall inform the individual of the eligibility determination.
Subp. 4. Prior consultation.
If SSB expects to find an individual ineligible for rehabilitation services, SSB shall, before making its final determination, offer the individual a clear opportunity to discuss the anticipated determination.
Subp. 5. Notice of ineligibility.
After the SSB direct service staff has determined that an individual is ineligible for rehabilitation services, the SSB direct service staff shall inform the individual in writing of the reasons for the determination, the individual's appeal rights under part 3325.0478, and a description of services available from and information on how to contact the client assistance program. The notice must be mailed by SSB within ten working days after the determination.
Subp. 6.
[Repealed, 36 SR 33]
History
- Statutory Authority: MS s 248.07
- History: 11 SR 1784; 36 SR 33
Minn. R. 3325.0230 Thorough Assessment
Subpart 1. Purpose of assessment.
After an individual is determined eligible for independent living services and before formulating an independent living customer service record, as provided in part 3325.0240, the eligible individual and the SSB direct service staff shall conduct a thorough assessment to identify the independent living rehabilitation goals and services needed to achieve the goals.
Subp. 2. Scope of assessment.
The thorough assessment of each eligible individual must consist of a review of the following:
A. The eligible individual's nonvocational interests.
B. The eligible individual's beliefs and concerns regarding the severe visual impairment and any other information that is important in assessing the degree of independent living counseling needed to overcome any self-doubts caused by the severe visual impairment or other impairments such as combined vision and hearing loss.
C. The eligible individual's ability to travel independently and need for orientation and mobility services.
D. The eligible individual's communication skills and need for braille instruction, computer, and other communication skills training.
E. The eligible individual's personal management skills and the need for rehabilitation teaching services.
F. The eligible individual's ability to use residual vision and the extent to which low vision services could be used to assist the individual in performing specific educational activities or activities of daily living.
G. Any other information needed to determine the eligible individual's independent living rehabilitation goals and rehabilitation service needs.
History
- Statutory Authority: MS s 248.07
- History: 11 SR 1784; L 2005 c 56 s 2; 36 SR 33
Minn. R. 3325.0240 Independent Living Customer Service Record (ilcsr)
Subpart 1. Preparation of ILCSR.
After a thorough evaluation is completed, the eligible individual and the SSB direct service staff shall jointly prepare an independent living customer service record (ILCSR). The ILCSR is primarily an electronic record of all documentation regarding SSB's communications with and services provided to eligible individuals.
Subp. 2. Contents of ILCSR.
The ILCSR must contain the following information:
A. The independent living rehabilitation goals that the SSB direct service staff and eligible individual have agreed to pursue.
B. The specific rehabilitation services that the eligible individual must receive in order to achieve the independent living rehabilitation goals.
Subp. 3. Basis for contents of the ILCSR.
The independent living rehabilitation goals and services identified in an eligible individual's ILCSR must be based on and supported by information obtained in the preliminary and thorough assessments and any subsequent information developed during the rehabilitation process in assessing the eligible individual's rehabilitation potential and service needs, and consistent with the eligible individual's informed choice.
Subp. 4. Assessment of progress.
The eligible individual and the SSB direct service staff shall assess progress towards the independent living rehabilitation goals as frequently as necessary, but at least once a year.
Subp. 5. Amendment to ILCSR.
An eligible individual's ILCSR must be amended jointly by the eligible individual and the SSB direct service staff at any time when necessary to reflect changes in the service needs, health, or independent living rehabilitation goals.
History
- Statutory Authority: MS s 248.07
- History: 11 SR 1784; 36 SR 33; 39 SR 513
Minn. R. 3325.0250 Scope of Services to Eligible Individuals and Adjustment of Limitations
Subpart 1. Scope of services.
SSB provides the following services to independent living eligible individuals subject to the conditions specified in part 3325.0420 and those contained in this part:
A. group and individual blindness services that consist of independent living counseling, rehabilitation teaching services, and orientation and mobility services;
B. communication center services;
C. diagnostic assessment services;
D. interpreter services;
E. low vision services with the following limitations:
F. maintenance;
G. referral services;
H. services to family members identified in part 3325.0110, subpart 72, up to a limit of $300 per period of eligibility;
I. rehabilitation technology with the following limitations:
J. transportation services.
Subp. 2. Adjustment of limitations.
Expenditure limitations imposed by subpart 1 must be adjusted by the director on an annual basis according to the requirements of this subpart.
A. In November of each year, the director must obtain from the Federal Register the percentage change in the Consumer Price Index published by the secretary of labor for October of the preceding federal fiscal year and October of the federal fiscal year in which such publication is made.
B. If in any fiscal year the percentage change indicates an increase in the Consumer Price Index, as determined under item A, then the expenditure limitations imposed by subpart 1 for the subsequent fiscal year must be equal to the expenditure limitation increased by such percentage change, rounded off to the nearest $5 increment.
C. If in any fiscal year the percentage change does not indicate an increase in the Consumer Price Index, as determined under item A, then the expenditure limitations imposed by subpart 1 for the subsequent fiscal year must be equal to the expenditure limitation in place at the time of publication.
D. For purposes of this subpart, "Consumer Price Index" means the Consumer Price Index for All Urban Consumers, published monthly by the United States Department of Labor, Bureau of Labor Statistics.
History
- Statutory Authority: MS s 248.07
- History: 11 SR 1784; 36 SR 33
Minn. R. 3325.0260 Closing the Record of Services
Subpart 1. Closing the record of services of an eligible individual who has not achieved independent living goals.
The record of services of an eligible individual who has not achieved independent living goals must be closed when the individual:
A. does not satisfy the eligibility conditions of the program identified in part 3325.0210; or
B. has not responded to multiple and varied attempts to contact the individual and has not responded to correspondence mailed to the person's last known address and containing a specific notification that the failure to respond within 15 calendar days of mailing the notice shall result in closure of the record of services;
C. has died;
D. has refused to comply with any of the requirements of parts 3325.0205 to 3325.0470 or with any terms or conditions in the eligible individual's plan; or
E. has refused to accept or use the independent living rehabilitation services necessary to achieve the identified independent living goals. Before terminating or refusing to provide services based on this condition, the SSB direct service staff shall explain to the eligible individual the purpose of the program and the services to be provided and shall encourage the eligible individual's participation.
Subp. 2. Conditions for closing the record of services of an eligible individual who has achieved independent living goals.
The record of services of an eligible individual who has achieved and maintained independent living goals for a period of 30 calendar days must be closed if the eligible individual:
A. has moved to a less restrictive living situation; or
B. maintains or increases the individual's independence in one or more of the following areas:
Subp. 3. Consultation prior to closing the record of services.
If SSB expects to discontinue services an eligible individual is receiving under a plan for any reason, SSB must, before closing the record of services, offer the eligible individual an opportunity to discuss the anticipated closing of the record of services.
Subp. 4. Notice of closing the record of services.
If an eligible individual's services are to be discontinued for reasons other than successful rehabilitation under subpart 2, except for death, SSB shall notify the eligible individual. The notice and record of services must contain a summary or description of the information or circumstances upon which the decision was based and a summary of the eligible individual's appeal rights under part 3325.0478 and a description of services available from and how to contact the client assistance program. If the decision was based on the eligible individual's refusal to accept or use necessary services provided by SSB, the record of services must include a description of the efforts made by SSB to encourage the eligible individual's participation in the rehabilitation process.
History
- Statutory Authority: MS s 248.07
- History: 11 SR 1784; 36 SR 33
Minn. R. 3325.0270 Record of Services
SSB shall maintain for each individual a record of services that contains the information required under parts 3325.0205 to 3325.0478.
History
- Statutory Authority: MS s 248.07
- History: 11 SR 1784; 36 SR 33
Minn. R. 3325.0280 [Repealed 36 SR 33]
[Repealed 36 SR 33]
Minn. R. 3325.0290 [Repealed, 36 SR 33]
[Repealed, 36 SR 33]
Minn. R. 3325.0300 [Repealed, 36 SR 33]
[Repealed, 36 SR 33]
Minn. R. 3325.0310 [Repealed, 36 SR 33]
[Repealed, 36 SR 33]
Minn. R. 3325.0320 [Repealed, 36 SR 33]
[Repealed, 36 SR 33]
Minn. R. 3325.0330 [Repealed, 36 SR 33]
[Repealed, 36 SR 33]
Minn. R. 3325.0340 [Repealed, 36 SR 33]
[Repealed, 36 SR 33]
Minn. R. 3325.0350 [Repealed, 36 SR 33]
[Repealed, 36 SR 33]
Minn. R. 3325.0360 [Repealed, 36 SR 33]
[Repealed, 36 SR 33]
Minn. R. 3325.0370 [Repealed, 36 SR 33]
[Repealed, 36 SR 33]
Minn. R. 3325.0380 [Repealed, 36 SR 33]
[Repealed, 36 SR 33]
Minn. R. 3325.0390 [Repealed, 36 SR 33]
[Repealed, 36 SR 33]
Minn. R. 3325.0400 [Repealed, 36 SR 33]
[Repealed, 36 SR 33]
Minn. R. 3325.0410 [Repealed, 36 SR 33]
[Repealed, 36 SR 33]
Minn. R. 3325.0420 Conditions of Service
Subpart 1. Source of services.
A. Services provided by SSB may be provided directly to applicants and eligible individuals by SSB staff or purchased for applicants and eligible individuals from third parties such as physicians, optometrists, private businesses, state agencies, and community rehabilitation programs that meet the standards identified in part 3325.0470.
B. Services provided to applicants and eligible individuals must be delivered by SSB staff and third parties who have been properly trained regarding the services provided.
Subp. 2. Conditions governing the provision of all rehabilitation services.
A. Rehabilitation services to determine eligibility for SSB services are subject to subparts 3 to 14 and informed choice.
B. Subject to subparts 3 to 14 and informed choice, SSB must ensure that each eligible individual receives only the available rehabilitation services necessary to enable the eligible individual to achieve the eligible individual's employment or independent living outcome except:
C. Only in the most unusual of circumstances may a family member be a vendor or provider of services to the individual, and then only with prior supervisory approval.
D. All rehabilitation services must be provided in the most cost-effective manner possible, consistent with the individual's needs and informed choice.
Subp. 3. Communication center services.
SSB must provide communication center services to a person, regardless of whether the person is an eligible individual, if the person provides SSB with written documentation signed by a physician, optometrist, or other "competent authority" as defined in the Code of Federal Regulations, title 36, section 701.6(b)(2), stating that the person has a physical disability that prevents the person from reading standard printed material.
Subp. 4. Interpreter services.
Interpreter services may be provided only for communication needs necessary to conduct a diagnostic assessment or to implement the eligible individual's IPE or ILCSR.
Subp. 5. Low vision services.
Items A to C govern the provision of low vision services.
A. Low vision aids requiring prescription must be prescribed by a low vision clinician. Low vision aids which do not require prescription may be provided directly by a low vision specialist or clinician.
B. The provision of vision aids must be followed by training in the use of such aids by a low vision specialist or low vision clinician.
C. SSB must not provide low vision services to an eligible individual who is or is likely to become legally blind in place of instruction in the use of alternative techniques necessary for achievement of the eligible individual's employment outcome or independent living goal.
Subp. 6.
[Repealed, 36 SR 33]
Subp. 7. Note-taking services.
Items A and B govern the provision of note taking services.
A. Note-taking services may be provided to an eligible individual only if the eligible individual has a medical condition other than blindness which renders the eligible individual unable to use braille or other means to record information for later use.
B. Note-taking services may only be provided for note-taking needs necessary to conduct a diagnostic assessment or to implement the eligible individual's employment plan.
Subp. 8. Orientation and mobility services.
Items A to C govern the provision of orientation and mobility services.
A. SSB must provide outdoor cane travel instruction to an eligible individual who is legally blind unless:
B. Travel techniques for purposes of outdoor travel must be taught by an orientation and mobility specialist or a person who has demonstrated a mastery of the travel techniques used by blind persons and the ability to safely and effectively teach these techniques to others. The provision of outdoor travel techniques to eligible individuals who are legally blind and have multiple impairments, such as legal blindness combined with hearing loss, may require additional expertise. The director must determine whether a person is qualified in these areas by considering all of the following factors:
C. Orientation and mobility training of an eligible individual must give the eligible individual an opportunity to travel without the instructor and on increasingly difficult routes to help the eligible individual develop confidence in the eligible individual's ability to travel independently. Orientation and mobility training of legally blind eligible individuals who have some remaining vision must include the use of sleepshades unless an orientation and mobility specialist or a person described in item B determines that because of age or one or more nonvisual disabilities the use of sleepshades would be unsafe.
Subp. 9.
[Repealed, 36 SR 33]
Subp. 10. Reader services.
Items A and B govern the provision of reader services.
A. SSB may provide reader services to an eligible individual only if:
B. An eligible individual receiving reader services must, each month, submit to SSB an invoice indicating the hours of reader services received.
Subp. 11. Rehabilitation teaching services.
Items A to C govern the provision of rehabilitation teaching services.
A. SSB must provide an eligible individual with instruction leading to proficiency in braille unless the eligible individual can read print with enough proficiency to successfully complete the eligible individual's plan or unless the eligible individual has a medical condition which prevents the eligible individual from reading braille.
B. Braille instruction must be provided by a rehabilitation teacher or a person who has demonstrated a mastery of contracted braille and the ability to teach contracted braille to blind persons. The director must determine whether a person is qualified in these areas by considering all of the following factors:
C. Rehabilitation teaching services other than braille instruction must be provided by a rehabilitation teacher or a person who has demonstrated a mastery of alternative techniques other than braille or outdoor cane travel and the ability to teach alternative techniques to blind persons. The provision of rehabilitation teaching services other than braille instruction to eligible individuals who are legally blind and have multiple impairments, such as legal blindness combined with hearing loss, may require additional expertise. The director must determine whether a person is qualified in these areas by considering all of the following factors:
Subp. 12. Physical and mental restoration services.
Items A to D govern the provision of physical and mental restoration services.
A. SSB may provide a physical or mental restoration service to an eligible individual only if:
B. SSB may purchase physical and mental restoration services only from physicians, optometrists, or other health professionals licensed under Minnesota Statutes, chapter 147 or 148.
C. SSB must not pay for experimental medical supplies or procedures. Experimental supplies or procedures means:
D. SSB must pay for restoration services in accordance with the rates established by the United States Department of Health and Human Services for Medicare.
Subp. 13. Transportation services.
Items A to C govern the provision of transportation services.
A. SSB may provide transportation services only for transportation requirements that are necessary to enable an applicant or eligible individual to be determined eligible for or participate in the vocational rehabilitation or independent living program.
B. SSB must provide the least expensive mode of transportation that serves the eligible individual's rehabilitation needs and accommodates any nonvisual disability related limitations the eligible individual may have. When a private vehicle is the mode of transportation identified in the eligible individual's plan, SSB must pay parking fees and mileage at the rate established for state of Minnesota employees in the current managerial plan published by the Minnesota Department of Management and Budget. This document is incorporated by reference and is not subject to frequent change. It is available for inspection at SSB's headquarters office.
C. SSB must pay for the transportation of an escort to accompany the eligible individual while traveling only if the eligible individual cannot yet travel safely without the assistance of an escort.
Subp. 14. Vocational training services.
SSB may provide tuition, supplies, maintenance, and transportation to an eligible individual for training at an institution of higher learning only if there is evidence that the eligible individual is capable of completing the required coursework or degree program. Tuition, supplies, maintenance, and transportation paid by SSB for training at a private or non-Minnesota institution of higher learning must not exceed those amounts charged by Minnesota public colleges, universities, or technical and community colleges offering the same program nearest the eligible individual's residence unless the necessary training is not available to the eligible individual at a public Minnesota institution.
Subp. 15. Self-employment.
SSB may support an employment outcome of self-employment if:
A. the eligible individual has developed a written business plan;
B. the business plan has been reviewed for feasibility by a representative of the Small Business Administration (SBA), a Small Business Development Center (SBDC) authorized by the Department of Employment And Economic Development, or the Service Corps of Retired Executives (SCORE); and
C. the review determines the eligible individual's business plan to be feasible. SSB does not require the eligible individual to take out an SBA-insured loan, or other loan, in conjunction with a self-employment outcome.
Subp. 16. Rehabilitation technology-assistive technology services.
This subpart governs the provision of rehabilitation technology-assistive technology services.
A. The provision of rehabilitation technology-assistive technology services must be followed by training in the use of assistive technology by an individual qualified to provide rehabilitation technology-assistive technology services.
B. Rehabilitation technology-assistive technology training services must be provided by a person who has demonstrated a mastery of rehabilitation technology-assistive technology services and the ability to teach assistive technology to blind or deafblind persons. Rehabilitation technology-assistive technology services include:
C. The director must determine whether a person is qualified in these areas by considering all of the following factors:
History
- Statutory Authority: MS s 248.07
- History: 11 SR 1784; L 1987 c 258 s 12; L 1989 c 246 s 2; L 2008 c 204 s 42; L 2009 c 101 art 2 s 109; 36 SR 33; 39 SR 513
Minn. R. 3325.0430 Comparable Services and Benefits; Vocational Rehabilitation
Subpart 1. Scope.
Comparable services and benefits that would contribute toward and not interfere with an eligible individual's vocational rehabilitation must be used if available to an eligible individual or members of an eligible individual's family for all rehabilitation services identified in the eligible individual's IPE except:
A. diagnostic assessment for determining eligibility and vocational rehabilitation needs;
B. vocational rehabilitation counseling including information and support services to assist an individual in exercising informed choice;
C. referral services;
D. rehabilitation technology;
E. job-related services; or
F. postemployment services consisting of the services identified in this subpart. Comparable benefits do not include awards and scholarships based on merit.
Subp. 2. Eligible individual responsibilities.
An eligible individual must, with the assistance of the eligible individual's vocational rehabilitation counselor, participate in the search for and use of comparable services and benefits as follows:
A. Before receiving physical and mental restoration services other than nonprescription low vision aids, an eligible individual must file a claim or application for coverage with the eligible individual's health insurer, if any. If the eligible individual has no health insurance or if the physical and mental restoration services provided are not covered by the eligible individual's health insurance, the eligible individual must apply to a local human services agency for medical assistance under Minnesota Statutes, chapter 256B.
B. Before receiving any rehabilitation service other than those identified in subpart 1, items A to F, an eligible individual must apply or provide evidence of having already applied for any state or federal assistance program for which the eligible individual's vocational rehabilitation counselor determines the eligible individual may be eligible.
C. Before receiving vocational training services in an institution of higher learning, an eligible individual must apply for educational grants to cover the costs of tuition, supplies, and living expenses.
D. If comparable services and benefits exist under any other program, but are not available to the eligible individual at the time needed to ensure the progress of the individual toward achieving the employment outcome in the individual's IPE, SSB must provide vocational rehabilitation services until those comparable services and benefits become available.
Subp. 3. Relation to financial need eligibility.
The extent to which comparable services and benefits are available to an eligible individual must be determined before determining the degree of financial participation required of the eligible individual under part 3325.0440.
History
- Statutory Authority: MS s 248.07
- History: 11 SR 1784; 36 SR 33
Minn. R. 3325.0435 Similar Benefits; Independent Living Services
Subpart 1. Scope.
Similar benefits that would contribute toward and not interfere with an eligible individual's independent living rehabilitation must be used if available to an eligible individual or members of an eligible individual's family for all rehabilitation services identified in the eligible individual's ILCSR except:
A. communication center services;
B. diagnostic assessment for determining eligibility and independent living rehabilitation needs; and
C. referral services.
Subp. 2. Eligible individual responsibilities.
An eligible individual must, with the assistance of an SSB direct service staff, participate in the search for and use of similar benefits as follows:
A. Before receiving any independent living rehabilitation services other than those identified in subpart 1, items A to C, an eligible individual must apply or provide evidence of having already applied for any state or federal assistance program for which the eligible individual's SSB direct service staff determines the eligible individual may be eligible.
B. The application for or use of similar benefits must not be required if the application for or use of similar benefits would significantly delay the provision of these services to the detriment of the eligible individual.
History
- Statutory Authority: MS s 248.07
- History: 36 SR 33
Minn. R. 3325.0440 Financial Participation by Eligible Individuals in the Vocational Rehabilitation Program
Subpart 1. Services exempted from financial participation.
Regardless of an eligible individual's family income, SSB must not require eligible individual financial participation for the following services:
A. diagnostic assessment services except those services provided under an extended evaluation or trial work experience that are not diagnostic in nature;
B. vocational rehabilitation counseling and other adjustment to blindness services;
C. job-related services;
D. referral services;
E. interpreter and note-taking services;
F. low vision services, including closed circuit televisions, up to a cumulative value of $500;
G. communication center services;
H. maintenance or transportation services needed by an eligible individual to obtain adjustment to blindness services;
I. reader services;
J. rehabilitation technology, other than technology which can be classified as low vision aids, up to a cumulative value of $3,000; and
K. postemployment services consisting of the services identified in this subpart.
Subp. 2. Services subject to financial participation.
Based on an eligible individual's family income, an eligible individual may be required to participate in paying the cost of all rehabilitation services not exempted from financial participation under subpart 1.
Subp. 3. Basis for determining the degree of financial participation required.
The degree of financial participation required of an eligible individual is determined on the basis of the eligible individual's monthly and annual family income in relation to the most recent estimate of Minnesota median income levels as adjusted for family size using the adjustment methodology specified in the Code of Federal Regulations, title 45, section 96.85. This estimate is published annually by the United States Department of Health and Human Services in the Federal Register. The applicable sections of the Federal Register are incorporated by reference.
Subp. 4. No required financial participation.
The following eligible individuals are exempt from financial participation:
A. an eligible individual whose monthly family income is equal to or less than the state median monthly income as adjusted for family size;
B. an eligible individual who has been determined eligible for Social Security benefits based on the individual's own disability under Title II or XVI of the Social Security Act consistent with Code of Federal Regulations, title 34, section 361.54 (b)(3)(ii); or
C. an eligible individual who had been determined eligible for an individual or family means-tested public assistance program of the Department of Human Services.
Subp. 5. Financial participation required.
An eligible individual whose monthly family income is more than the state median monthly income as adjusted for family size must pay for rehabilitation services provided under the eligible individual's IPE an amount equal to the percentage by which the eligible individual's family income exceeds the adjusted median income. Example: If an eligible individual's monthly family income exceeds the state median monthly income adjusted for the eligible individual's family size by ten percent, the eligible individual must pay ten percent of the cost of rehabilitation services provided under the eligible individual's IPE; SSB would pay 90 percent.
Subp. 6.
[Repealed, 36 SR 33]
Subp. 7. Variance.
An eligible individual who is unable to pay for rehabilitation services to the extent required by subparts 4 and 5 because of unusual financial circumstances in relation to family income may apply to the director for a variance in the determination of the eligible individual's required financial participation as follows:
A. A request for a variance must be submitted in writing by the eligible individual or the eligible individual's designated representative. The request must provide the director with evidence describing the eligible individual's unusual financial situation. If additional information is required by the director to determine eligibility for a variance, SSB must, within 15 calendar days after receiving the written request, inform the eligible individual in writing of the specific additional information required.
B. The director must determine whether the eligible individual is eligible for a variance and notify the eligible individual of the determination in writing within 30 calendar days after the director receives all the information required under item A. The written notification must:
C. The director must grant a variance only if the eligible individual demonstrates that it would be impossible for the eligible individual to make the cost contributions required under subparts 5 and 6 without using the eligible individual's savings because of:
D. The director must determine the amount of an eligible individual's variance by:
E. An eligible individual who receives a variance must immediately notify the director in writing if the eligible individual's financial situation improves.
F. The director may review the financial situation of an eligible individual who receives a variance at any time to determine whether the eligible individual's financial situation continues to justify the variance.
Subp. 8. Income verification.
If an eligible individual's employment plan includes or is expected to include rehabilitation services other than those identified in subpart 1, the eligible individual must provide SSB with written verification of the eligible individual's most recent annual family income and sources of income.
Subp. 9. Annual redetermination.
SSB must redetermine at least annually, the financial need of each eligible individual.
Subp. 10. One source payments; conditions and reimbursement.
If purchasing services for an eligible individual who is subject to financial participation from a vendor that requires payment from one source (e.g., any Visa purchase) SSB must authorize for the full amount after first receiving the eligible individual's required financial participation.
History
- Statutory Authority: MS s 248.07
- History: 11 SR 1784; 36 SR 33; 39 SR 513
Minn. R. 3325.0445 Financial Participation by Eligible Individuals in the Independent Living Program
Subpart 1. Services exempted from financial participation.
Regardless of an eligible individual's income, SSB must not require eligible individual financial participation for the following services:
A. blindness services that consist of independent living counseling, rehabilitation teaching services, and orientation and mobility services;
B. communication center services;
C. diagnostic assessment services;
D. interpreter services;
E. low vision services with the following limitations:
F. maintenance;
G. referral services;
H. services to family members identified in part 3325.0110, up to a limit of $300 per period of eligibility;
I. rehabilitation technology with the following limitations:
J. transportation services.
Subp. 2. Services subject to financial participation.
An eligible individual must participate in paying the cost of all rehabilitation services not exempted from financial participation under subpart 1.
Subp. 3. Basis for determining the degree of financial participation required.
The degree of financial participation required of an eligible individual is 100 percent of all costs in excess of those exempted. All eligible individuals in the independent living program are subject to this part, and no variances shall be granted.
History
- Statutory Authority: MS s 248.07
- History: 36 SR 33
Minn. R. 3325.0450 Recovery of Monetary Assistance Overpayments
Subpart 1. Written notification.
SSB must notify an eligible individual in writing as soon as possible after discovering that the eligible individual has received monetary assistance from SSB in excess of that to which the eligible individual is entitled under parts 3325.0100 to 3325.0478. The written notification must:
A. specify the dates and amounts of incorrect payments;
B. indicate SSB's basis for determining that the payments were incorrect;
C. inform the eligible individual of appeal rights under part 3325.0478;
D. indicate whether SSB intends to refer the case to the attorney general to investigate the possibility of fraud; and
E. be signed and dated by the eligible individual's appropriate SSB staff person.
Subp. 2. Repayments.
Overpayments of maintenance benefits or other monetary assistance caused by the eligible individual, SSB error, or by an eligible individual's inability or refusal to continue implementing an IPE or ILCSR must be repaid by the eligible individual in a lump sum or in monthly payments of not less than ten percent of the incorrect payment or five percent of the eligible individual's monthly family income, whichever is less. If the eligible individual does not repay erroneous overpayments in accordance with this subpart, SSB may exercise its recoupment rights under Minnesota Statutes, section 248.11.
History
- Statutory Authority: MS s 248.07
- History: 11 SR 1784; 36 SR 33
Minn. R. 3325.0460 Purchase, Transfer, and Maintenance of Equipment
Subpart 1. Scope.
For purposes of this part, the term "equipment" includes occupational equipment, occupational tools, software, and rehabilitation technology purchased for the permanent use of an eligible individual by SSB as part of an IPE or ILCSR.
Subp. 2.
[Repealed, 36 SR 33]
Subp. 3.
[Repealed, 36 SR 33]
Subp. 4.
[Repealed, 36 SR 33]
Subp. 5.
[Repealed, 36 SR 33]
Subp. 6. Transfer of title.
SSB must transfer legal title of equipment to an eligible individual when the equipment is purchased for the eligible individual's permanent use. SSB must transfer equipment to former eligible individuals within one year after August 8, 2011.
Subp. 7.
[Repealed, 36 SR 33]
Subp. 8. Maintenance responsibility.
SSB must include, as part of the purchase of equipment, an initial maintenance or service agreement, or extended warranty, if available. SSB may forego such inclusion if the eligible individual expressly and unequivocally objects to it at time of purchase. Upon transfer of title, it is the sole responsibility of the eligible individual to maintain and repair the equipment.
Subp. 9. Employer responsibility.
SSB must not provide an employed eligible individual with equipment that the eligible individual's employer normally provides to employees. If the equipment is not normally provided by the employer, SSB or the eligible individual may ask the employer to pay all or a portion of the cost of equipment needed. SSB and the eligible individual, subject to financial participation requirements in part 3325.0440, must contribute toward the cost of equipment only to the extent the eligible individual's employer refuses to contribute.
Subp. 10.
[Repealed, 36 SR 33]
Subp. 11. Abuse or neglect of equipment.
SSB must not provide additional equipment to an eligible individual if the eligible individual has a history of abuse or neglect of equipment previously provided to the eligible individual by SSB. History of abuse or neglect means that on two or more occasions equipment provided to an eligible individual has sustained, by reason of acts or omissions of the eligible individual, damage beyond that which would result from normal use.
History
- Statutory Authority: MS s 248.07
- History: 11 SR 1784; 36 SR 33
Minn. R. 3325.0470 Standards for Community Rehabilitation Programs
Subpart 1. Written contracts.
SSB must execute written contracts with each community rehabilitation program from which SSB purchases rehabilitation services for applicants and eligible individuals unless the community rehabilitation program has a current written contract with the department or the rehabilitation agency of another state. The agreement must be signed by the director of the community rehabilitation program, or the sole proprietor, if an individual, and the director of SSB and must contain, at a minimum, assurances that the community rehabilitation program will comply with the standards established in subparts 2 to 8. SSB may only purchase services from a community rehabilitation program that meets the standards established in subparts 2 to 8. Individuals providing rehabilitation services under a written contract with SSB are excluded from meeting standards in subparts 3 and 6, item D.
Subp. 2. Applicable state and federal laws.
Community rehabilitation programs must comply with all applicable state and federal laws, including the Minnesota Government Data Practices Act, Minnesota Statutes, chapter 13. Applicant and eligible individual records must be stored under lock with reasonable protection against fire, water damage, and other hazards.
Subp. 3. Representation and employment of the blind.
The governing bodies of community rehabilitation programs for the blind and visually impaired must include blind or visually impaired persons. Community rehabilitation programs must make and document affirmative attempts to employ blind persons, including blind persons with additional impairments such as combined vision and hearing loss, at all levels of employment.
Subp. 4. Evaluation of community rehabilitation program effectiveness.
Community rehabilitation programs must have systematic procedures for evaluating program effectiveness. Community rehabilitation program staff must periodically review aggregate data on the progress and outcome of eligible individuals served. The results of effectiveness evaluations must be available to the governing body and staff of the community rehabilitation program, SSB, and the public.
Subp. 5.
[Repealed, 36 SR 33]
Subp. 6. Adjustment to blindness training services.
Community rehabilitation programs and individuals who provide training services for the blind and visually impaired must comply with the requirements of items A to E.
A. The services must include a class or activities designed to help eligible individuals develop a positive attitude toward blindness. If the community rehabilitation program serves deafblind eligible individuals, the community rehabilitation program's services must include a class or activities designed to develop a positive attitude about being both blind and deaf.
B. Low vision and adjustment to blindness services must be provided in accordance with the requirements established in part 3325.0420, subparts 5, items A and B; 8, items B and C; and 11, items B and C.
C. Consistent with an eligible individual's IPE or ILCSR, all eligible individuals must be provided with the opportunity to engage in a wide range of activities for the purpose of building self-confidence and overcoming doubts and fears concerning what blind persons can do, or what deafblind persons can do, if applicable.
D. During training, all eligible individuals must be provided with the opportunity to interact with employed or otherwise independent blind persons, or deafblind persons if applicable, who are not in need of rehabilitation services.
E. The services must include a requirement that eligible individuals use the alternative technique skills they are learning outside of the training setting to manage their own lives in the activities of daily living and use of rehabilitation technology.
Subp. 7. Progress reports.
Community rehabilitation programs must provide timely written reports as required by SSB concerning the progress of eligible individuals in the development of self-confidence, the performance of activities of daily living, and the use of rehabilitation technology, if applicable.
Subp. 8. Location of community rehabilitation programs.
SSB may purchase services from a community rehabilitation program located outside Minnesota only if:
A. the eligible individual needs rehabilitation services which are not available at community rehabilitation programs within Minnesota;
B. the eligible individual's residence is geographically closer to a community rehabilitation program outside Minnesota than it is to any community rehabilitation program within Minnesota; or
C. the eligible individual expressly indicates that adjustment to blindness training is wanted at a community rehabilitation program outside the state. If an eligible individual obtains training at a non-Minnesota community rehabilitation program under this item, SSB must not pay more for the eligible individual's training, maintenance, and transportation than it would otherwise pay for the eligible individual's training, maintenance, and transportation at the community rehabilitation program located in Minnesota which would be the least costly for the eligible individual to attend.
History
- Statutory Authority: MS s 248.07
- History: 11 SR 1784; L 2005 c 56 s 2; 36 SR 33; 39 SR 513
Minn. R. 3325.0478 Review and Mediation of Determinations
Subpart 1. Written request.
An appellant may make a written request for review and mediation to the director if dissatisfied with any determination that affects the provision of rehabilitation services. To preserve the appellant's right to a review and mediation, the request must be received by the director no more than 60 calendar days after the appellant is notified of the action for which the review is requested. The appellant must identify the determination with which the appellant is dissatisfied. SSB must not institute a suspension, reduction, or termination of rehabilitation services being provided to an appellant until completion of the review process unless the appellant requests a suspension, reduction, or termination, or if SSB has evidence that the services have been obtained through misrepresentation, fraud, collusion, or criminal conduct on the part of the appellant.
Subp. 2. Review and mediation options.
SSB must contact the appellant within five calendar days following receipt of the request and explain review and mediation options. SSB must also provide the appellant a description of services available from and information on how to contact the client assistance program, established under Code of Federal Regulations, title 34, section 370, to assist the appellant in the review of determinations. An appellant may request one or more of the following options: informal review, mediation, or impartial hearing. If the appellant is dissatisfied with the results of an informal review or mediation, or chooses an impartial hearing initially, an impartial hearing must commence within 60 calendar days of the request in subpart 1 unless the parties agree to a specific extension of time.
Subp. 3. Communication.
If the appellant is disabled in communication, then SSB must appoint an interpreter, consistent with Minnesota Statutes, sections 546.42 to 546.44. Review and mediation process information, decisions and reports, agreements if applicable, and any required supporting documentation resulting from a request under subpart 1 must be provided to the appellant in writing. Consistent with the informed choice of the appellant, review and mediation proceedings and related communication must be provided in the native language of the appellant, supplemented as necessary by other appropriate modes of communication including the use of auxiliary aids and services.
Subp. 4. Informal review.
An appellant may request an informal review. An informal review must not be used to deny the right of an appellant to pursue mediation or an impartial hearing.
A. Participation in the informal review is voluntary on the part of the appellant and on the part of SSB. The appellant or SSB may terminate the informal review at any time. In the event an informal review is terminated, the appellant or SSB may pursue resolution through mediation or an impartial hearing.
B. The informal review must be conducted by supervisory staff not involved in the original determination that caused the appellant to ask for a review. An appellant may choose:
C. The final decision regarding the informal review must be made by the reviewing supervisory staff either within ten calendar days following the request for an informal review of written materials only, or within ten calendar days following the conclusion of an informal review conference, unless the parties agree to a specific extension of time. The supervisory staff conducting the informal review must notify the appellant in writing by mail of the informal review decision. The informal review decision must contain a summary of the nature and basis of the decision and the appellant's review rights under this part.
Subp. 5. Mediation.
An appellant may request mediation at any time. Mediation must not be used to deny the right of an appellant to pursue an impartial hearing.
A. Participation in the mediation process is voluntary on the part of the appellant and on the part of SSB. The appellant, SSB, or mediator may terminate mediation at any time. In the event mediation is terminated, the appellant or SSB may pursue resolution through an impartial hearing.
B. A qualified and impartial mediator who meets the requirements of Code of Federal Regulations, title 34, section 361.5(b)(43), must be chosen on a random basis, by mutual agreement of the director of SSB and the appellant or, as appropriate, the appellant's designated representative, or in accordance with SSB's procedure for assigning mediators in a neutral manner. Mediation sessions must be held in a timely manner and at a location convenient to both parties.
C. Mediation discussions are confidential and may not be used as evidence in any subsequent due process hearings or civil proceedings, and the parties may be required to sign a confidentiality pledge prior to the commencement of mediation. Any agreement resulting from mediation must be in writing with the assistance of the mediator, signed by both parties, and copies provided to both parties. SSB must pay for the cost of mediation, but is not required to pay for any costs related to the representation of an appellant.
Subp. 6. Impartial hearing.
An appellant may choose an impartial hearing.
A. The impartial hearing officer for a particular case must be selected on a random basis from a list of qualified impartial hearing officers who have been jointly identified by SSB and the State Rehabilitation Council for the Blind.
B. The hearing must be initiated and conducted according to parts 1400.5100 to 1400.8400; Minnesota Statutes, sections 14.57 to 14.62; and Code of Federal Regulations, title 34, part 361.57 (e).
C. The impartial hearing officer must provide by mail to both parties a full written report of the findings and grounds for the decision within 30 calendar days of the completion of the hearing. The impartial hearing officer's decision is final unless a review is requested under item D.
D. A party may request a review of the impartial hearing officer's decision using the following process:
History
- Statutory Authority: MS s 248.07
- History: 36 SR 33; 39 SR 513
Minn. R. 3325.0480 [Repealed, 36 SR 33]
[Repealed, 36 SR 33]
Minn. R. 3325.0490 [Repealed, 36 SR 33]
[Repealed, 36 SR 33]
Chapter 3350 COMMUNITY ACTION AGENCIES
Minn. R. 3350.0010 [Renumbered 9571.0010]
[Renumbered 9571.0010]
Minn. R. 3350.0020 [Renumbered 9571.0020]
[Renumbered 9571.0020]
Minn. R. 3350.0030 Repealed by subpart
Subpart 1.
[Renumbered 9571.0030, subpart 1]
Subp. 2.
[Renumbered 9571.0030, subp 2]
Subp. 3.
[Renumbered 9571.0030, subp 3]
Subp. 4.
[Renumbered 9571.0030, subp 4]
Subp. 5.
[Renumbered 9571.0030, subp 5]
Subp. 6.
[Renumbered 9571.0030, subp 6]
Subp. 7.
[Repealed, 33 SR 1300]
Subp. 8.
[Renumbered 9571.0030, subp 7]
Subp. 9.
[Renumbered 9571.0030, subp 8]
Subp. 10.
[Renumbered 9571.0030, subp 9]
Minn. R. 3350.0040 Repealed by subpart
Subpart 1.
[Renumbered 9571.0040, subpart 1]
Subp. 2.
[Renumbered 9571.0040, subp 2]
Subp. 3.
[Renumbered 9571.0040, subp 3]
Subp. 4.
[Repealed, 33 SR 1300]
Subp. 5.
[Renumbered 9571.0040, subp 4]
Subp. 6.
[Renumbered 9571.0040, subp 5]
Minn. R. 3350.0050 [Renumbered 9571.0050]
[Renumbered 9571.0050]
Minn. R. 3350.0060 Repealed by subpart
Subpart 1.
[Renumbered 9571.0060, subpart 1]
Subp. 2.
[Renumbered 9571.0060, subp 2]
Subp. 3.
[Renumbered 9571.0060, subp 3]
Subp. 4.
[Repealed, 33 SR 1300]
Subp. 4a.
[Renumbered 9571.0060, subp 4]
Subp. 5.
[Renumbered 9571.0060, subp 5]
Subp. 6.
[Renumbered 9571.0060, subp 6]
Subp. 7.
[Renumbered 9571.0060, subp 7]
Subp. 8.
[Renumbered 9571.0060, subp 8]
Minn. R. 3350.0070 [Renumbered 9571.0070]
[Renumbered 9571.0070]
Minn. R. 3350.0080 [Repealed, 33 SR 1300]
[Repealed, 33 SR 1300]
Minn. R. 3350.0090 [Renumbered 9571.0080]
[Renumbered 9571.0080]
Minn. R. 3350.0100 [Renumbered 9571.0090]
[Renumbered 9571.0090]
Minn. R. 3350.0110 [Renumbered 9571.0100]
[Renumbered 9571.0100]
Minn. R. 3350.0120 [Renumbered 9571.0110]
[Renumbered 9571.0110]
Minn. R. 3350.0130 [Renumbered 9571.0120]
[Renumbered 9571.0120]
Minn. R. 3350.0140 [Renumbered 9571.0130]
[Renumbered 9571.0130]
Minn. R. 3350.0150 [Repealed, 33 SR 1300]
[Repealed, 33 SR 1300]
Minn. R. 3350.0160 [Renumbered 9571.0140]
[Renumbered 9571.0140]
Minn. R. 3350.0170 Repealed by subpart
Subpart 1.
[Renumbered 9571.0150, subpart 1]
Subp. 2.
[Repealed, 33 SR 1300]
Subp. 3.
[Renumbered 9571.0150, subp 2]
Subp. 4.
[Renumbered 9571.0150, subp 3]
Subp. 5.
[Renumbered 9571.0150, subp 4]
Subp. 6.
[Renumbered 9571.0150, subp 5]
Minn. R. 3350.0180 [Renumbered 9571.0160]
[Renumbered 9571.0160]
Minn. R. 3350.0190 [Renumbered 9571.0170]
[Renumbered 9571.0170]
Minn. R. 3350.0200 [Renumbered 9571.0180]
[Renumbered 9571.0180]
Chapter 4300 COMMUNITY BLOCK GRANTS
Minn. R. 4300.0100 Definitions
Subpart 1. Scope.
As used in this chapter, the following terms have the meanings given them.
Subp. 2. Application year.
"Application year" means the state fiscal year beginning July 1 and ending June 30.
Subp. 2a.
[Renumbered subp. 3a]
Subp. 2b. Business and community development application.
"Business and community development application" means the official consolidated application form as developed by the Department of Employment and Economic Development to be used to apply for funding assistance from various assistance programs administered by the Business and Community Development Division.
Subp. 3. Business and community development need.
"Business and community development need" means a demonstrated deficiency in housing stock, public facilities, economic development opportunities consistent with part 4300.1901, or other services which are necessary for developing or maintaining viable communities.
Subp. 3a. Commissioner.
"Commissioner" means the commissioner of the Minnesota Department of Employment and Economic Development.
Subp. 4. Competitive grant.
"Competitive grant" means a grant application that is evaluated and ranked in comparison to other applications in the same grant category and includes housing, public facilities, and comprehensive applications.
Subp. 5. Comprehensive program.
"Comprehensive program" means a combination of at least two interrelated projects which are designed to address community development needs which by their nature require a coordination of housing, public facilities, or economic development activities. A comprehensive program must be designed to benefit a defined geographic area, otherwise known as a program area.
Subp. 5a. Division.
"Division" means the Business and Community Development Division in the Department of Employment and Economic Development to which the program is assigned.
Subp. 5b. Economic development grant.
"Economic development grant" means an agreement between the state and an eligible recipient through which the state provides money to carry out specified programs, services, or activities designed to create new employment, maintain existing employment, increase the local tax base, or otherwise increase economic activity in a community.
Subp. 6. Economic development project.
"Economic development project" means one or more activities designed to create new employment, maintain existing employment, increase the local tax base, or otherwise increase economic activity in a community.
Subp. 7. Eligible activities.
"Eligible activities" means those activities so designated in United States Code, title 42, section 5305 (1981) and as described in Code of Federal Regulations, title 24, sections 570.200 to 570.207 (1981).
Subp. 8. General purpose local government.
"General purpose local government" means townships as described in Minnesota Statutes, chapter 365; cities as described in Minnesota Statutes, chapters 410 and 412; and counties.
Subp. 9. Grant.
"Grant" means an agreement between the state and an eligible recipient through which the state provides funds to carry out specified programs, services, or activities.
Subp. 10. Grant close out.
"Grant close out" means the process by which the division determines that all applicable administrative actions and all required work have been completed by the grant recipient and the department.
Subp. 11. Grant year.
"Grant year" means any period of time during which the United States Department of Housing and Urban Development makes funds from any federal fiscal year available to the state for distribution to local governments under United States Code, title 42, sections 5301 to 5316 (1981), and includes the period of time during which the division solicits applications and makes grant awards.
Subp. 11a. Housing and community development needs assessment.
"Housing and community development needs assessment" means an analysis of priority community needs as required by Section 104 of the Housing and Community Development Act of 1974, United States Code, title 42, section 5304(b)(3).
Subp. 12. Infrastructure.
"Infrastructure" means the basic physical systems, structures, and facilities, such as roads, bridges, water, and sewer, which are necessary to support a community.
Subp. 13. Low and moderate income.
As it applies to federal sources of funding, "low and moderate income" means income which does not exceed 80 percent of the median income for the area, with adjustments for smaller and larger families. State funds are not limited to or constrained by low and moderate income requirements.
Subp. 14. Metropolitan city.
"Metropolitan city" means a city over 50,000 population or a central city of a standard metropolitan statistical area that receives entitlement grants under United States Code, title 42, section 5306 (1981) directly from the United States Department of Housing and Urban Development.
Subp. 15. Nonentitlement area.
"Nonentitlement area" means an area that is not a metropolitan city or part of an urban county.
Subp. 16.
[Repealed, 14 SR 1098]
Subp. 17. Per capita assessed valuation.
"Per capita assessed valuation" means the adjusted assessed valuation divided by population.
Subp. 18.
[Repealed, 20 SR 2254(NO. 42)]
Subp. 19. Poverty persons.
"Poverty persons" means individuals or families whose incomes are below the poverty level as determined by the most current data available from the United States Department of Commerce, taking into account variations in cost of living for the area affected.
Subp. 20. Program.
"Program" means the community development block grant program for nonentitlement areas.
Subp. 21. Program area.
"Program area" means a defined geographic area within which an applicant has determined that there exists a need for community development activities. A program area may be a neighborhood in a community or an entire community.
Subp. 22. Program income.
"Program income" means gross income earned by the grant recipient from grant supported activities, excluding interest earned on advances.
Subp. 23.
[Repealed, 20 SR 2254(NO. 42)]
Subp. 24.
[Repealed, 14 SR 1098]
Subp. 25. Slums and blight.
"Slums and blight" means areas or neighborhoods which are characterized by conditions used to describe deteriorated areas in Minnesota Statutes, section 462.421, or which are characterized by the conditions used to describe redevelopment districts in Minnesota Statutes, section 273.73, subdivision 10.
Subp. 26. Single purpose project.
"Single purpose project" means one or more activities designed to meet a specific housing or public facilities community development need within a defined program area.
Subp. 27. Urban county.
"Urban county" means a county which is located in a metropolitan area and is entitled to receive grants under United States Code, title 42, section 5306 (1981), directly from the United States Department of Housing and Urban Development.
History
- Statutory Authority: MS s 116J.035; 116J.401; 116J.403; 116J.873
- History: 8 SR 1263; L 1987 c 312 art 1; 14 SR 1098; 20 SR 2254(NO. 42); L 2003 1Sp4 s 1
Minn. R. 4300.0200 Purpose
This chapter gives procedures for evaluating applications for grants and awarding them to eligible applicants by the Department of Employment and Economic Development under United States Code, title 42, sections 5301 to 5316 (1981), and regulations adopted in Code of Federal Regulations, title 24, part 570, and under Minnesota Statutes, section 116J.873.
History
- Statutory Authority: MS s 116J.401; 116J.403; 116J.873
- History: 8 SR 1263; L 1987 c 312 art 1; 14 SR 1098; L 2003 1Sp4 s 1
Minn. R. 4300.0300 Objective of the Competitive Program
The primary objective of this program is to develop viable urban communities by providing decent housing and a suitable living environment and by expanding economic opportunities, principally for persons of low and moderate income. Activities funded under this program shall not benefit moderate income persons to the exclusion of low income persons. All funded activities must be designed to:
A. benefit low and moderate income persons;
B. prevent or eliminate slums and blight; or
C. alleviate urgent community development needs caused by existing conditions which pose a serious and immediate threat to the health or welfare of the community where other financial resources are not available to meet those needs.
History
- Statutory Authority: MS s 116J.035; 116J.401; 116J.403
- History: 8 SR 1263; L 1987 c 312 art 1; 20 SR 2254(NO. 42)
Minn. R. 4300.0400 Application of Federal Law
If it is determined that any provisions of parts 4300.0100 to 4300.3200 are inconsistent with federal law, then federal law controls to the extent necessary to eliminate the conflict.
History
- Statutory Authority: MS s 116J.401; 116J.403
- History: L 1987 c 312 art 1
Minn. R. 4300.1100 Types of Competitive Grants Available
Subpart 1. Single purpose grants.
The division shall approve grant applications for funding for single purpose projects. The division shall place single purpose grant applications in one of the following categories for purposes of evaluation:
A. housing projects which include one or more activities designed to increase the supply or quality of dwellings suited to the occupancy of individuals and families; or
B. public facilities projects which include one or more activities designed to acquire, construct, reconstruct, or install buildings or infrastructure which serve a neighborhood area or community.
Subp. 2. Comprehensive grants.
The division shall approve comprehensive grants for two or more projects which constitute a comprehensive program as described in part 4300.0100.
Subp. 3.
[Repealed, 11 SR 2416]
History
- Statutory Authority: MS s 116J.401; 116J.403; 116J.873
- History: 8 SR 1263; 11 SR 2416; L 1987 c 312 art 1; 14 SR 1098
Minn. R. 4300.1101 Economic Development Grants; Noncompetitive
The division shall approve grants for economic development projects for funding throughout the application year, or until the funds reserved have been exhausted.
History
- Statutory Authority: MS s 116J.401; 116J.403; 116J.873
- History: 8 SR 1263; L 1987 c 312 art 1; 14 SR 1098
Minn. R. 4300.1200 Application Process and Requirements
Subpart 1. Business and community development application manual.
The division shall make the business and community development application manual, additional instructional materials, and forms available on a year-round basis. The manual and additional materials and forms shall instruct applicants in the preparation of applications and describe the method by which the division will evaluate and rank applications.
Subp. 2. Eligibility requirements.
Any unit of general purpose local government, including cities, counties, and townships located in a nonentitlement area or electing exclusion from an urban county under United States Code, title 42, section 5302 (1981), may apply for a grant. An eligible applicant may apply on behalf of other eligible applicants. Applications submitted on behalf of other applicants must be approved by the governing body of all local governments party to the application. An eligible applicant may receive only one competitive grant per grant year and no eligible applicant shall be included in more than one competitive application. An eligible applicant may receive one economic development grant in addition to a competitive grant each application year.
Subp. 3. Disqualification of applicants.
Applications from otherwise eligible applicants shall be disqualified if it is determined by the division that any of the following conditions exist:
A. there are outstanding audit findings on previous economic development or competitive grants and the grantee has not objected on a reasonable basis to the findings or demonstrated a willingness to resolve the findings;
B. previously approved projects have passed scheduled dates for grant close out and the grantee's ability to complete the project in an expeditious manner is in question; or
C. the applicant has not made scheduled progress on previously approved projects and the grantee's ability to complete the project in an expeditious manner is in question.
Subp. 4. Contents of business and community development application.
The contents of a business and community development application must be consistent with the informational requirements of this chapter and must be on a form prescribed by the division. A complete business and community development application shall include, but not be limited to:
A. needs narrative, summarizing the needs for the proposed project;
B. project summary, summarizing the activities to be completed and the scope of the project;
C. activities and budget, detailing the estimates associated with each proposed activity;
D. assurances, necessary to comply with the federal or state requirements as a prerequisite to receiving state or federal funding;
E. resolution, from the submission of the local government applicant approving the application and authorizing execution of the grant agreement according to the requirements of the Business and Community Development Division if funds are made available; and
F. supporting materials, attachments that are designed to verify or support information in items A to E. The division may request additional information from the applicant if it is necessary to clarify and evaluate the application.
Subp. 5. Time limit for submitting applications.
While competitive applications may be submitted at any time during the year, a formal yearly closing date for receipt of applications shall be established. Complete competitive applications shall be evaluated following the closing date for competitive applications. The notice must be published in the State Register at least 120 days before the closing date. Economic development project applications may be submitted at any time during the application year.
Subp. 6. Regional review.
The applicant must submit a complete copy of the application to the Regional Development Commission, where such a commission exists, or the Metropolitan Council, where it has jurisdiction, for review and comment in accordance with Minnesota Statutes, section 462.391, subdivision 3, or Minnesota Statutes, section 473.171, respectively.
History
- Statutory Authority: MS s 116J.035; 116J.401; 116J.403; 116J.873
- History: 8 SR 1263; 11 SR 2416; L 1987 c 312 art 1; 14 SR 1098; 20 SR 2254(NO. 42)
Minn. R. 4300.1300 Evaluation of Applications
All applications shall be evaluated by the division. A fixed amount of points shall be established as the maximum score attainable by any application. Points shall be made available within each class of rating criteria according to parts 4300.1400 to 4300.1900. Economic development project applications must meet threshold criteria in order to be evaluated.
History
- Statutory Authority: MS s 116J.401; 116J.403; 116J.873
- History: 8 SR 1263; L 1987 c 312 art 1; 14 SR 1384
Minn. R. 4300.1400 Comparison of All Competitive Applications; Demographic Points
Subpart 1.
[Repealed, 14 SR 1384]
Subp. 2. Evaluation of community need.
Up to 30 demographic points shall be awarded based on evaluation of community need, which shall include:
A. the number of poverty persons in the area under the applicant's jurisdiction;
B. the percentage of persons resident in the area under the applicant's jurisdiction who are poverty persons; and
C. the per capita assessed valuation of the area under the jurisdiction of the applicant, such that points are awarded in inverse relationship to applicants' per capita assessed valuation.
Subp. 3.
[Repealed, 14 SR 1384]
History
- Statutory Authority: MS s 116J.401; 116J.403; 116J.873
- History: 8 SR 1263; L 1987 c 312 art 1; 14 SR 1098; 14 SR 1384
Minn. R. 4300.1500 Comparison of Competitive Applications Within Categories
After completing the general competition described in part 4300.1400, the division shall place each application in the appropriate grant category in accordance with part 4300.1100. The categories are housing projects, public facilities projects, and comprehensive programs. Two hundred and ten of the total 240 points available for each application shall be awarded based on a comparison of the applications within each of the categories as further described in parts 4300.1600 to 4300.1900.
History
- Statutory Authority: MS s 116J.401; 116J.403; 116J.873
- History: 8 SR 1263; L 1987 c 312 art 1; 14 SR 1384
Minn. R. 4300.1600 Evaluation of Housing Projects
Subpart 1. Project need.
Up to 90 of the points available in the housing category competition shall be awarded by the division based on evaluation of the need for improvements or additions to the housing stock serving low and moderate income persons as evidenced by:
A. housing units that are occupied by low and moderate income persons and are either substandard or pose a threat to the health or safety of the occupants;
B. an inadequate supply of affordable housing for low or moderate income persons; or
C. other documented conditions that give evidence of the need for improvements or additions to the housing stock serving low and moderate income persons.
Subp. 2. Project impact.
Up to 90 of the points available in the housing category competition shall be awarded by the division based on evaluation of the extent to which the proposed activities will eliminate deficiencies in the housing stock serving low and moderate income persons.
Subp. 3. Project cost-effectiveness.
Up to 30 of the points available in the housing category competition shall be awarded by the division based on:
A. evaluation of the extent to which the proposed activities will make cost-effective use of grant funds including coordination with, and use of, funds from other public and private sources; and
B. evidence that the cost of the proposed activities per benefiting household is reasonable.
History
- Statutory Authority: MS s 116J.401; 116J.403; 116J.873
- History: L 1987 c 312 art 1; 14 SR 1384
Minn. R. 4300.1700 Evaluation of Public Facilities Projects
Subpart 1. Project need.
Up to 90 of the points available in the public facilities category competition shall be awarded by the division based on evaluation of the extent to which the proposed activities are necessary to improve provision of public services to low and moderate income persons or to eliminate an urgent threat to public health or safety.
Subp. 2. Project impact.
Up to 90 of the points available in the public facilities category competition shall be awarded by the division based on evaluation of the extent to which the proposed activities will reduce or eliminate the need identified under subpart 1, and, in the case of activities designed to improve the provision of public services to low and moderate income persons, an evaluation of the extent to which the proposed activities directly benefit low and moderate income persons.
Subp. 3. Project cost-effectiveness.
Up to 30 of the points available in the public facilities category competition shall be awarded by the division based on evaluation of the extent to which the proposed activities will make cost-effective use of grant funds, including consideration of:
A. the extent to which the requested grant funds are necessary to finance all or a portion of the costs;
B. evidence that the cost of the proposed activities per benefiting household or person is reasonable; and
C. the extent to which the project benefits existing, rather than future, population, except in cases where the proposed activities are necessary due to expected development or growth which is beyond the applicant's control.
History
- Statutory Authority: MS s 116J.401; 116J.403; 116J.873
- History: L 1987 c 312 art 1; 14 SR 1384
Minn. R. 4300.1800 [Repealed, 8 SR 1263]
[Repealed, 8 SR 1263]
Minn. R. 4300.1900 Evaluation of Comprehensive Program Projects
Subpart 1. Program need.
Up to 90 of the points available in the comprehensive program category competition shall be awarded by the division based on evaluation of need for the proposed comprehensive program, including consideration of:
A. the number of low and moderate income persons in the program area;
B. the percentage of residents in the program area which are of low or moderate income; and
C. the need for the proposed comprehensive program as evidenced by at least two of the following: the need for improvements or additions to the housing stock serving low and moderate income persons, the need for new or improved public facilities in the program area, or employment problems in the program area.
Subp. 2. Program impact.
Up to 90 of the points available in the comprehensive program category competition shall be awarded by the division based on evaluation of the extent to which the proposed comprehensive program will eliminate or reduce the need identified under subpart 1, and the extent to which the proposed program will improve the long term physical or economic condition of the program area and its residents.
Subp. 3. Program cost-effectiveness.
Up to 30 of the points available in the comprehensive program category competition shall be based on evaluation of the extent to which the proposed comprehensive program will make cost-effective use of grant funds, including consideration of coordination with, and use of, funds from other public and private sources.
History
- Statutory Authority: MS s 116J.401; 116J.403; 116J.873
- History: L 1987 c 312 art 1; 14 SR 1384
Minn. R. 4300.1901 Evaluation of Economic Development Projects
Subpart 1. In general.
Evaluation of economic development applications consists of eligibility threshold screening and project review. Applications must meet the eligibility thresholds in order to be referred for project review. Applications that fail to meet eligibility thresholds may be revised and resubmitted.
Subp. 2. Federal and state eligibility thresholds.
Applicants for federal funds shall provide a description of the ways that activities address one of the federal objectives described in part 4300.0300 and the state economic development objectives in items A to D. Each activity proposed for funding must be eligible under current federal regulations.
Applicants for state funds shall describe how they will meet the following state economic development objectives:
A. creation or retention of permanent private sector jobs;
B. stimulation or leverage of private investment;
C. increase in local tax base; or
D. improved employment and economic opportunity for Minnesota citizens to create a reasonable standard of living.
Subp. 3. Project review.
Applications that meet eligibility thresholds will be awarded points by the division based on evaluation of the two rating categories: project design and financial feasibility. Applications must attain at least 400 of the 600 available points for economic development to be recommended for funding. Applications must score at least half of the points available in each of the two rating categories.
Four hundred points will be awarded based on an evaluation of project design including an assessment of need, impact, and the capacity of the applicant to complete the project in a timely manner. Need for an economic development project must be based on the value and benefit of the project as it relates to securing and improving economic stability while giving consideration to deficiencies in employment opportunities and circumstances contributing to economic vulnerability and distress. Consideration of impact must be based on the extent to which the project positively affects or addresses the creation or retention of permanent private sector jobs, the wage level of those jobs, and the increase in tax base. Consideration of capacity must be based on demonstration of administrative capability, realistic implementation schedules, and the ability to conform to state and federal requirements.
Two hundred points will be awarded based on an evaluation of the effective use of program funds to induce economic development. Consideration of financial feasibility must include investment analysis, commitment of other funds, and other factors relating to the type of program assistance requested.
Subp. 4. Funding recommendations.
Applications that attain at least 400 points will be recommended to the commissioner for funding. Applications not recommended for funding may be revised and resubmitted.
History
- Statutory Authority: MS s 116J.035; 116J.401; 116J.403; 116J.873
- History: 8 SR 1263; L 1987 c 312 art 1; 14 SR 1384; 20 SR 2254(NO. 42)
Minn. R. 4300.2000 Determination of Grant Awards
Subpart 1. Funds available for grants.
The amount of funds available for grants shall be equal to the total allocation of federal funds made available to the state under United States Code, title 42, section 5306, after subtracting an amount for costs available to the division for administration of the program, as allowed by that law, plus any money made available by the state legislature. The department is not liable for any grants under this chapter until funds are received from the United States Department of Housing and Urban Development.
Subp. 2. Division of funds.
Of the federal funds available in each grant year, 30 percent shall be reserved to fund single purpose grants, 15 percent shall be reserved for economic development grants, and 55 percent shall be reserved by the commissioner to fund comprehensive grants. However, the commissioner may modify the proportions of funds available if the commissioner determines that there is a shortage of fundable applications in any category.
Subp. 3. Funding list.
Within each grant category, a list of applications shall be prepared in rank order of the scores received after evaluation pursuant to parts 4300.1300 to 4300.1900. Based on these lists, and subject to the availability of funds within each category, applications with the highest rank shall be recommended to the commissioner for funding. In the case of a tie between any two applications within any category, the application with the higher demographic points shall receive the higher ranking on the list.
Subp. 4. Approval by commissioner.
The list of applications recommended for funding, including recommended grant awards, shall be submitted by the division to the commissioner for approval. A decision by the commissioner not to approve any application recommended for funding must be made in writing to the applicant, giving reasons for disapproval.
Subp. 5. Reduction in amount requested.
The division may recommend an application for funding in an amount less than requested if, in the opinion of the division, the amount requested is more than is necessary to meet the applicant's need. If the amount of the grant is reduced, the reasons for the reduction shall be given to the applicant.
Subp. 6. Grant ceilings.
No competitive single purpose grant may be approved for an amount over $600,000. No comprehensive grant may be approved for an amount over $1,400,000. No economic development grant may be approved for an amount over $500,000.
History
- Statutory Authority: MS s 116J.035; 116J.401; 116J.403; 116J.873
- History: 8 SR 1263; 11 SR 2416; L 1987 c 312 art 1; 14 SR 1384; 20 SR 2254(NO. 42)
Minn. R. 4300.3100 Grant Agreements
Subpart 1. Grant contract required.
A grant contract shall be offered to each applicant whose application is approved for funding. The contract must be signed by a person authorized to commit the applicant to legally binding agreements and to execute the contract.
Subp. 2. Contents of grant contract.
The grant contract must include:
A. a work program that indicates completion dates for major parts of the project and a projected budget supporting the work program;
B. a description of the manner in which payments will be made to grant recipients; and
C. assurances that the grant recipient will comply with all applicable state and federal laws, including the federal laws or regulations for which the state is made responsible for enforcement in Code of Federal Regulations, title 24, sections 570.495 and 570.496.
Subp. 3. Use of program income.
Program income from sources such as reimbursements to and interest from a grant recipient's loan program, proceeds from disposition of real property, and proceeds from special assessments must be used for eligible activities. The division shall reduce future grant payments by the amount of any unobligated program income that an applicant has and shall take whatever additional action is necessary to recover any remaining amounts owed. In accordance with Code of Federal Regulations, title 24, section 570.494(b)(4), interest earned by grant recipients on grant funds before disbursement is not program income, and it must be returned to the United States treasury.
Subp. 4. Grant account required.
Grant recipients must establish and maintain separate accounts for grant funds.
Subp. 5. Restrictions on use of funds.
No grant funds shall be used to finance activities not included in the grant agreement. If it is determined that an improper use of funds has occurred, the division will take whatever action is necessary to recover improperly spent funds.
Subp. 6. Suspension of payments.
The division shall suspend payments of funds to grant recipients that are not in compliance with applicable state and federal laws, rules, and regulations. Grant recipients must return funds that are improperly expended.
Subp. 7. Amendments to the agreement.
Amendments to the grant agreement must be in writing.
Subp. 8. Grant termination.
If the department finds that there has been a failure to comply with the provisions of the grant agreement, that reasonable progress has not been made, or that the purposes for which the funds were granted have not been made, the department may take action to terminate the grant and/or protect the interests of the state, including requiring the return of all or part of the funds already disbursed.
History
- Statutory Authority: MS s 116J.035; 116J.401; 116J.403; 116J.873
- History: 11 SR 1042; 11 SR 2416; L 1987 c 312 art 1; 14 SR 1384; 20 SR 2254(NO. 42)
Minn. R. 4300.3200 Record Keeping and Monitoring
Subpart 1. Financial records.
Grant recipients shall maintain financial records that identify the source and application of funds for grant supported activities. These records must contain information about grant awards and authorizations, obligations, unobligated balances, assets, liabilities, outlays, income, and other information required by the division under the responsibilities it assumes under Code of Federal Regulations, title 24, section 570.497(b). Financial records, supporting documents, statistical records, and all other records pertinent to a grant must be retained by the grant recipient for three years from the date of submitting the final financial report. No such records or documents may be disposed of while audits, claims, or litigations involving the records are in progress.
Subp. 2. Audits.
Grant recipients must arrange for and pay for an acceptable independent audit prepared in compliance with OMB Circular A-128, which was published in the Federal Register, volume 50, number 188, page 39083, on September 27, 1985, and the Single Audit Act of 1984, Public Law 98-502, codified as United States Code, title 31, sections 7501 to 7507. Costs incurred pursuant to this requirement are eligible under this program.
Subp. 3. Financial status report.
Grant recipients shall file financial status reports at the close of each reporting period as designated by the division and shall file a final financial report before grant close out. Financial status reports must be on forms prescribed by the division. The division may not require these reports more often than quarterly.
Subp. 4. Performance report.
Grant recipients shall also file performance reports at the close of each reporting period as designated by the division and shall file a final performance report before grant close out. Performance reports shall be on forms prescribed by the division. The division may not require these reports more often than quarterly.
Subp. 5. Access to records.
Representatives of the department, either the state auditor or legislative auditor as is appropriate, and federal auditors shall have access to all books, records, accounts, reports, files, and other papers, things, or property belonging to grant recipients which are related to the administration of grants and necessary for audits and monitoring compliance with parts 4300.0100 to 4300.3200.
History
- Statutory Authority: MS s 116J.401; 116J.403; 116J.873
- History: 11 SR 2416; L 1987 c 312 art 1; 14 SR 1384
Chapter 4301 JOB CREATION FUND
Minn. R. 4301.0100 Purpose and Authority
Parts 4301.0100 to 4301.0800 provide for the administration of the job creation fund under Minnesota Statutes, section 116J.8748.
History
- Statutory Authority: MS s 116J.8748
- History: 38 SR 944
Minn. R. 4301.0200 Definitions
Subpart 1. Scope.
For the purpose of this chapter, the terms defined in this part have the meanings given them.
Subp. 2. Agreement or business subsidy agreement.
"Agreement" or "business subsidy agreement" has the meaning given in Minnesota Statutes, section 116J.8748, subdivision 1, paragraph (b).
Subp. 3. Application.
"Application" means a submittal requesting designation as a job creation fund business.
Subp. 4. Benefit date.
"Benefit date" means the date a business is designated by the commissioner as a job creation fund business.
Subp. 5. Benefits.
"Benefits" means a job creation award or capital investment rebate.
Subp. 6. Capital investment.
"Capital investment" has the meaning given in Minnesota Statutes, section 116J.8748, subdivision 1, paragraph (d). Capital investment does not include costs associated with acquiring real property but does include expenditures made by a third-party business only if expenditures are reimbursed directly by the designated job creation fund business.
Subp. 7. Commissioner.
"Commissioner" means the commissioner of the Department of Employment and Economic Development.
Subp. 8. Department.
"Department" means the Minnesota Department of Employment and Economic Development.
Subp. 9. General purpose local government or local government.
"General purpose local government" or "local government" means a statutory city, home rule charter city, town, or county.
Subp. 10. Job creation fund business.
"Job creation fund business" means a business that is designated by the commissioner to receive benefits under the job creation fund program upon achieving job creation, retention, and capital investment goals as specified in the business subsidy agreement.
Subp. 11. Metropolitan area.
"Metropolitan area" means the area defined in Minnesota Statutes, section 200.02, subdivision 24.
Subp. 12. New full-time employee.
A. "New full-time employee" has the meaning given in Minnesota Statutes, section 116J.8748, subdivision 1, paragraph (h).
B. In the case of employee turnover or voluntary leave, a full-time employee position must not be vacant for more than 90 consecutive days to be considered a new full-time employee and counted toward the full-time job creation goal.
C. New full-time employees include employees who were working 1,040 or fewer hours annually for the business prior to employment as a full-time employee.
Subp. 13. Project.
"Project" is the location where the business will be making capital investment and hiring or retaining employees, and is the subject of the agreement.
Subp. 14. Qualifying expenditures.
"Qualifying expenditures" means capital investment expenditures that are paid for with nongovernmental funds and are made after a business becomes designated as a job creation fund business.
Subp. 15. Retained job.
"Retained job" has the meaning given in Minnesota Statutes, section 116J.8748, subdivision 1, paragraph (j). If the workers formerly working at another Minnesota facility will be located in a new facility, the workers at the former facility must be counted as retained. To determine the number of retained jobs, the commissioner shall use the employment period at the time of application and during the previous 12 months.
Subp. 16. Wages.
"Wages" has the meaning given in Minnesota Statutes, section 290.92, subdivision 1, clause (1).
History
- Statutory Authority: MS s 116J.8748
- History: 38 SR 944
Minn. R. 4301.0300 Eligibility of Businesses
Subpart 1. Designation requirements.
A. To receive designation by the commissioner as a job creation fund business, a business must satisfy all of the eligibility requirements of Minnesota Statutes, section 116J.8748, subdivision 3, paragraph (a).
B. In addition to the eligibility requirements in Minnesota Statutes, section 116J.8748, subdivision 3, paragraph (a), the commissioner shall also consider the factors in Minnesota Statutes, section 116J.8748, subdivision 3, paragraph (b), and whether the business:
Subp. 2. Ineligible projects.
Businesses ineligible for job creation fund designation include those under Minnesota Statutes, section 116J.8748, subdivision 3, paragraph (a), clause (2).
History
- Statutory Authority: MS s 116J.8748
- History: 38 SR 944
Minn. R. 4301.0400 Application Procedures
Subpart 1. Submission of application.
A general purpose local government must submit application materials to the commissioner on behalf of a business applying for job creation fund designation for a project.
Subp. 2. Application content.
The application must include the following information:
A. description of the business including:
B. description of the project including:
C. the business's current full-time positions;
D. the business's projected full-time job creation and wage levels;
E. the number of jobs to be retained and documentation of those jobs;
F. certification by the business that the project would not happen without financial assistance;
G. certification that the business will comply with Minnesota Statutes, sections 116J.871, 116J.994, and 116L.66;
H. a resolution of support for the project from the local government where the project will occur;
I. in the case of a business that proposes to move from one location to another within Minnesota due to facility or land limitations, the local government from where the business is currently located must provide a written statement to the commissioner that the local government does not object to the move;
J. a certification from the business that it will not terminate, lay off, or reduce the working hours of an employee for the purpose of hiring an individual to satisfy job creation goals; and
K. any other information requested by the commissioner deemed necessary to review an application.
History
- Statutory Authority: MS s 116J.8748
- History: 38 SR 944
Minn. R. 4301.0500 Application Review and Notification
Subpart 1. Commissioner's review and determination.
The commissioner must accept applications at any time and designate businesses until all available funds are committed.
Subp. 2. Criteria for designation.
A business is eligible for job creation fund designation if the commissioner determines that the project meets the eligibility requirements in part 4301.0300 and fulfills the application requirements in part 4301.0400, and is in the best interests of the state and local area. Following designation, the commissioner shall evaluate the project and award points using the economic and business rating factors in subparts 3 and 4.
Subp. 3. Economic factors.
The economic factors include:
A. current number of employees in the business;
B. the number of full-time jobs to be created;
C. the wages and voluntary benefits paid in the jobs to be created;
D. the amount of private capital investment in the project;
E. how the business will diversify or strengthen the state or regional economy;
F. the overall return on investment to the state; and
G. local economic conditions.
Subp. 4. Business factors.
The business factors include:
A. industry or product outlook;
B. projected sales generated from outside Minnesota and the sales that will replace or substitute purchases made outside the state, if any;
C. amount of local government assistance, including but not limited to tax increment financing, tax abatement, and low-interest loans;
D. business history; and
E. project viability including funding commitments.
Subp. 5. Scoring.
Each project is eligible for a maximum of 100 points. The maximum benefit amount for a project is determined by dividing total points earned by 100, and applying that percentage to the maximum award. The commissioner is authorized to decrease the award if funds are not available, to offset other government assistance, or if other conditions warrant a decrease.
Subp. 6. Time frame for benefits.
The maximum allowed time for benefits and certification is as provided in Minnesota Statutes, section 116J.8748, subdivision 4, paragraph (b). The time frame is determined by the commissioner based on the scoring in subpart 5 and the estimated length of time needed by the business to receive benefits.
Subp. 7. Notification.
The commissioner must notify the business in writing of the approval and associated benefits or disapproval of its application.
History
- Statutory Authority: MS s 116J.8748
- History: 38 SR 944
Minn. R. 4301.0600 Business Subsidy Provisions
Subpart 1. Requirements.
All projects are subject to the business subsidy requirements under Minnesota Statutes, section 116J.994.
Subp. 2. Business subsidy agreement.
A designated business must execute a business subsidy agreement between the commissioner and the business before benefits may be provided. The agreement may require higher job creation, investment, or other goals to be achieved before benefits are provided. The following information, in addition to other requirements in Minnesota Statutes, section 116J.994, must be specified in the agreement:
A. the number of full-time jobs existing at the job creation fund designated location, if applicable;
B. estimated number of full-time jobs to be created and time frame for full-time job creation;
C. wages to be paid for each full-time job to be created, which on an annualized basis must be at least equal to 110 percent of the federal poverty level for a family of four;
D. estimated total capital investment to be made during the duration of the agreement;
E. expected financial value of any Minnesota job creation fund benefits;
F. duration of the designation; and
G. when benefits will be provided.
History
- Statutory Authority: MS s 116J.8748
- History: 38 SR 944
Minn. R. 4301.0700 Certification and Disbursement
Subpart 1. Certification.
Except in the case of retention projects in subpart 2, a business is eligible for certification by the commissioner to receive benefits upon providing verification that the business has met the requirements of Minnesota Statutes, section 116J.8748, subdivision 4, paragraph (d). Once the capital investment and job creation requirements have been met, annual recertification is required to ensure that job creation or retention requirements are met.
Subp. 2. Retained jobs projects.
If the project is a retained jobs project, a business may be certified by the commissioner to receive benefits upon receiving verification that the business has:
A. spent at least $25,000,000 in capital investment, including the purchase and installation of machinery and equipment; and
B. retained at least 200 employees if the project is in the metropolitan area, or retained at least 75 employees if the project is outside the metropolitan area. If fewer retained jobs are maintained, the benefit must be reduced according to Minnesota Statutes, section 116J.8748, subdivision 4, paragraph (d).
Subp. 3. Capital investment rebate.
A certified job creation fund business is eligible for a rebate on the qualifying expenditures as described in Minnesota Statutes, section 116J.8748, subdivision 5. Each expenditure made by the job creation fund business submitted for a capital investment rebate is eligible for one rebate. Expenditures may be submitted over the life of the agreement as long as the maximum rebate allocated to a job creation fund business is not exceeded.
Subp. 4. Job creation award.
A job creation fund business is eligible for an annual award for each new full-time job created and maintained for at least one year by the business using the schedule in Minnesota Statutes, section 116J.8748, subdivision 6. Each job is eligible for an award every year during the agreement as long as the maximum award allocated to a job creation fund business is not exceeded.
Subp. 5. Wages.
To meet eligibility for any benefits under the job creation fund program, the business must also, at a minimum, provide total compensation according to Minnesota Statutes, section 116J.8748, subdivision 4, paragraph (f), and wage requirements must be adjusted annually as provided in Minnesota Statutes, section 116J.8748, subdivision 6, paragraph (b).
Subp. 6. Request for disbursement.
A business may request disbursement of benefits under subparts 3 and 4 at any time, but no sooner than one year after the date the commissioner designates the business and all agreement conditions for that time period are met. Job creation fund businesses seeking a disbursement must submit invoices, payroll reports, and other forms and documentation to the commissioner. The forms must include documentation and certification by the business that it is in compliance with the agreement, Minnesota Statutes, sections 116J.871 and 116L.66. Subsequent requests must be made annually on the anniversary of the first request. The submitted forms and documentation serve the purposes of the annual report required in part 4301.0800, subpart 2. A request for disbursement must be made within 90 days following the end of the agreement.
Subp. 7. Removal from program.
Upon request from the job creation fund business, the commissioner must remove the requesting business from the program prior to the end of the contract period without penalty.
History
- Statutory Authority: MS s 116J.8748
- History: 38 SR 944
Minn. R. 4301.0800 Reports
Subpart 1. Progress report.
A job creation fund business must provide a progress report within six months following designation as a job creation fund business as provided in Minnesota Statutes, section 116J.8748, subdivision 4, paragraph (g). Reasonable progress on capital investment goals may be shown with evidence of building permits, contracts, or other similar actions.
Subp. 2. Annual report.
An annual report must be submitted, based on the date of designation, to document capital investment and job creation performance by the job creation fund business. Once the first disbursement request has been submitted, subsequent annual reports should be submitted on the anniversary of the first disbursement request. The report must include, at a minimum, information on retained jobs, new full-time jobs by position, hire dates for new full-time job positions, hourly wage and benefit information, and capital investment verification. The commissioner is authorized to request verification in the form of invoices, unemployment insurance reports, business payroll reports, and other information the commissioner requires to verify information submitted in the report.
Subp. 3. Failure to meet goals.
A job creation fund business that has not met one-year capital investment goals or two-year job creation goals must lose job creation fund designation. The business may reapply for future designation.
Subp. 4. Monitoring.
The commissioner is authorized to conduct on-site monitoring of the project and examine documents relevant to the project.
History
- Statutory Authority: MS s 116J.8748
- History: 38 SR 944
Chapter 4305 MILITARY RESERVIST ECONOMIC INJURY LOAN PROGRAM
Minn. R. 4305.0010 Scope and Purpose
Parts 4305.0010 to 4305.0080 govern the implementation of the military reservist economic injury loan program.
History
- Statutory Authority: MS s 14.389; 116J.996
- History: 33 SR 2052
Minn. R. 4305.0020 Definitions
Subpart 1. Scope.
For purposes of parts 4305.0010 to 4305.0080, the terms defined in this part have the meanings given them.
Subp. 2. Active service.
"Active service" means state active service, federally funded state active service, or federal active service, as defined in Minnesota Statutes, section 190.05.
Subp. 3. Agency.
"Agency" means the Department of Employment and Economic Development.
Subp. 4. Application.
"Application" means a submittal requesting a loan from the military reservist economic injury loan program.
Subp. 5. Applicant.
"Applicant" means an eligible business that submits an application to the military reservist economic injury loan program.
Subp. 6. Commissioner.
"Commissioner" means the commissioner of the Department of Employment and Economic Development.
Subp. 7. Eligible business.
"Eligible business" means a small business as defined in Minnesota Statutes, section 645.445, which was operating in Minnesota on the date that one or more of its essential employees received orders for active service of 180 days or more.
Subp. 8. Essential employee.
"Essential employee" means a military reservist:
A. who is the owner or employee of an eligible business; and
B. whose managerial or technical expertise is critical to the day-to-day operation of the eligible business.
Subp. 9. Military reservist.
"Military reservist" means a member of the reserve component of the armed services.
Subp. 10. Program.
"Program" means the military reservist economic injury loan program as authorized by Minnesota Statutes, section 116J.996.
Subp. 11. Reserve component of the armed services.
"Reserve component of the armed services" means reserve components as defined by United States Code, title 10, section 101(c), which includes the Army National Guard and the Air National Guard.
Subp. 12. Reservist economic injury loan or loan.
"Reservist economic injury loan" or "loan" means a disbursement under the military reservist economic injury loan program.
Subp. 13. Substantial economic injury.
"Substantial economic injury" means an economic harm to an eligible business that results in the inability of the business to:
A. meet its obligations as they mature;
B. pay its ordinary and necessary operating expenses, meaning its business expenses as defined by United States Code, title 26, section 162, and Code of Federal Regulations, title 26, section 1.162 -1, but excluding taxes, civil or criminal fines or penalties, and lobbying expenses; or
C. manufacture, produce, market, or provide a product or service ordinarily manufactured, produced, marketed, or provided by the eligible business.
History
- Statutory Authority: MS s 14.389; 116J.996
- History: 33 SR 2052
Minn. R. 4305.0030 Application Requirements and Process
Subpart 1. Requirements.
The applicant must submit to the agency an application in the form prescribed by the agency. At a minimum, the application must include:
A. the name of each essential employee who has been called to active service for 180 days or more, including:
B. the name of the business, including:
C. a proposed budget for the use of the loan funds received from the program; and
D. a statement of how this use will prevent, remedy, or ameliorate the business's substantial economic injury.
Subp. 2. Process.
The agency shall accept applications on an open application basis and make loans until all funds are committed. When all funds are committed, the agency may suspend the program until sufficient funds to make additional loans are available.
History
- Statutory Authority: MS s 14.389; 116J.996
- History: 33 SR 2052
Minn. R. 4305.0040 Selection Criteria
The agency shall consider the following criteria when determining whether an applicant is eligible for a loan under the program:
A. the likelihood of repayment of the loan funds; and
B. the extent to which the loan funds will help to prevent, remedy, or ameliorate substantial economic injury shown by the applicant.
History
- Statutory Authority: MS s 14.389; 116J.996
- History: 33 SR 2052
Minn. R. 4305.0050 Eligible Uses of Loan Funds
Subpart 1. In general.
The agency shall make interest-free loans to eligible businesses that sustain or are likely to sustain a substantial economic injury resulting from an essential employee being called to active duty according to parts 4305.0010 to 4305.0080 and Minnesota Statutes, section 116J.996.
Subp. 2. Permitted uses of loan.
An eligible business must use a loan under the program to:
A. meet its obligations as they mature;
B. pay its ordinary and necessary operating expenses as defined by United States Code, title 26, section 162, and Code of Federal Regulations, title 26, section 1.162-1; or
C. manufacture, produce, market, or provide a product or service ordinarily manufactured, produced, marketed, or provided by the eligible business.
Subp. 3. Prohibited uses of loan funds.
An eligible business may not use loan funds for the following:
A. charitable contributions and gifts;
B. illegal payments to government officials or employees;
C. illegal payments under any Minnesota or federal law;
D. kickbacks, rebates, and bribes under Medicare and Medicaid;
E. lobbying and political expenditures;
F. fines and penalties due or paid to a government for the violation of any civil or criminal law;
G. payment of taxes;
H. treble damage payments under the antitrust laws; or
I. employee remuneration exceeding $1,000,000.
History
- Statutory Authority: MS s 14.389; 116J.996
- History: 33 SR 2052
Minn. R. 4305.0060 Loan Terms
The loan agreement must identify specific loan terms and include, at a minimum, the following:
A. maximum loan period;
B. repayment terms; and
C. default terms.
History
- Statutory Authority: MS s 14.389; 116J.996
- History: 33 SR 2052
Minn. R. 4305.0070 Loan Default
The loan agreement must identify what constitutes default of the loan. The agency may pursue any course of action authorized by statute, rule, or loan agreement to remedy default.
History
- Statutory Authority: MS s 14.389; 116J.996
- History: 33 SR 2052
Minn. R. 4305.0080 Security Requirements
The agency must require applicants to provide security for the loan equal to or in excess of the loan value. Security may be in the form of one or more of the following:
A. a lien on real property owned by the applicant; or
B. other security satisfactory to the agency such as:
History
- Statutory Authority: MS s 14.389; 116J.996
- History: 33 SR 2052
Chapter 4308 TOURISM LOAN PROGRAM
Minn. R. 4308.0010 Purpose of Tourism Loan Program
The purpose of the tourism loan program of the department is to provide loans or to participate in loans to tourism-related businesses in Minnesota for upgrading and improvement of facilities. The program will provide direct loans, participation loans, or loan guarantees in cooperation with local financial institutions. The state will share credit risks with the financial institutions and provide for lower interest rates than are otherwise available.
History
- Statutory Authority: MS s 116J.035; 116J.617; 116J.980
- History: 14 SR 1419; 19 SR 887
Minn. R. 4308.0020 Definitions
Subpart 1. Scope.
The following terms used in parts 4308.0010 to 4308.0110 have the meanings given them.
Subp. 2. Commissioner.
"Commissioner" means the commissioner of the Department of Employment and Economic Development or persons delegated to act in the commissioner's behalf.
Subp. 3. Community development application.
"Community development application" means the official consolidated development application form as developed by the department to be used to apply for funding assistance from various community assistance programs administered by the Community Development Division.
Subp. 4. Community Development Division.
"Community Development Division" means the Community Development Division of the Department of Employment and Economic Development. The Community Development Division has been designated by the commissioner to receive applications, administer the program, review applications, and approve loans.
Subp. 5. Department.
"Department" means the Department of Employment and Economic Development.
Subp. 6. Eligible borrower.
"Eligible borrower" means a sole proprietorship, partnership, corporation, or other person engaged in, and determined by the Community Development Division to constitute, a tourism-related business or other entity that is defined by the standard industrial classification codes of 7011 and 7033 in Code of Federal Regulations, title 13, section 121.2. A person to whom a loan has been made under parts 4308.0010 to 4308.0110 must maintain the standard industrial classification code through the term of the loan. A borrower is not eligible to receive another loan under the tourism loan program for three years from approval of the earlier loan to approval of the next loan, except that if the loan is a septic system loan, the three-year waiting period shall be waived.
Subp. 7. Eligible project.
"Eligible project" means a project proposed by an eligible borrower that meets the requirements of parts 4308.0010 to 4308.0110.
Subp. 8. Financial institution.
"Financial institution" means a bank, trust company, mortgage company, credit union, mortgage banker, national banking association, savings bank, savings association, building and loan association, insurance company, financial organization dealing in commercial credit or venture capital, or a lender certified by the secretary of Housing and Urban Development or by the secretary of Veterans Affairs, or approved or certified by the administrator of the Farmers Home Administration or any other financial lending institution, whether organized under federal law or the laws of any state of the United States, and whether located within or without this state.
Subp. 8a. Guaranteed loan.
"Guaranteed loan" means a loan made by a financial institution to an eligible borrower for which payment is guaranteed by the full faith and credit of the state.
Subp. 9. Local unit of government.
"Local unit of government" means a county, city, township, or Indian tribe or band recognized by the federal government.
Subp. 10. Real property.
"Real property" means property consisting of land and all appurtenances, such as buildings and other immovable articles, including improvements made to or upon land and buildings.
Subp. 11. Participation loan.
"Participation loan" means a loan made under a contract with a financial institution in which the department purchases a share of a financial institution's loan to an eligible borrower.
Subp. 11a. Septic system loan.
"Septic system loan" means a loan in which the proceeds of the loan will be used only for the replacement or upgrading of a failing or nonconforming septic system or systems with a new sewage treatment system or connection to a sewer system. Septic system loan disbursements must be debited to the state clean water revolving fund created in Minnesota Statutes, section 446A.07, not the tourism loan account, in order to be considered a septic system loan.
Subp. 12. Tourism loan.
"Tourism loan" means a loan for which the disbursements are made out of the tourism loan account created in Minnesota Statutes, section 116J.617.
History
- Statutory Authority: MS s 116J.035; 116J.617; 116J.980
- History: 14 SR 1419; 19 SR 887; L 1995 c 202 art 1 s 25; L 2003 1Sp4 s 1; L 2008 c 277 art 3 s 4
Minn. R. 4308.0030 Eligibility of Project for Loans
A loan must be to an eligible borrower for an eligible cost in an eligible project. The maximum state contribution for a loan may not be for more than 50 percent of the total cost of the project loan, with a maximum state loan of $65,000 for any one project.
Proposed eligible projects of $10,000 or greater require a participation loan. Proposed eligible projects of under $10,000 may receive a direct loan. The Community Development Division may require a participation loan in lieu of a direct loan if it determines that such action would further the purposes of the loan program.
History
- Statutory Authority: MS s 116J.035; 116J.617; 116J.980
- History: 14 SR 1419; 19 SR 887
Minn. R. 4308.0040 Eligible Costs for Loans
Subpart 1. Eligible costs.
Eligible costs for the program include costs not prohibited by subpart 2 for:
A. building construction and improvement;
B. site preparation;
C. equipment;
D. other construction costs, such as construction of facilities other than buildings, or costs that may be capitalized as part of overall construction costs;
E. fees that may be required by the department for administration of the loan; and
F. septic systems.
Subp. 2. Ineligible costs.
Project-related costs incurred more than 30 days before submission of a completed application as required by the community development application process are ineligible costs.
Subp. 3. Determination of eligible or ineligible costs.
The Community Development Division shall make the determination of which proposed project costs are eligible or ineligible.
History
- Statutory Authority: MS s 116J.035; 116J.617; 116J.980
- History: 14 SR 1419; 19 SR 887
Minn. R. 4308.0050 Interest Rate for Loans
The interest rate on a direct loan or on the department's portion of a participation loan shall be determined at the time of closing by the department and shall be set at, or up to, three percentage points below a full faith and credit obligation of the United States government of comparable maturity, calculated at the time of initial implementation of the program, rounded to the nearest one-half percent, and revised as needed on a semiannual basis. The interest rate for septic system loans shall be fixed at two percent per annum. The interest rate on a participation loan to the borrower shall be a blended rate of the bank's rate and the state's rate in proportion to the respective rate of participation.
History
- Statutory Authority: MS s 116J.035; 116J.617; 116J.980
- History: 14 SR 1419; 19 SR 887
Minn. R. 4308.0060 Term of Loans
The maximum term of a loan must not exceed the useful life of the real property, or 80 percent of the useful life of the equipment or machinery, or the following limits, whichever is less:
A. ten years for land, buildings, septic systems, or other real property;
B. five years for equipment or machinery; or
C. a weighted average of the limits under items A and B for loans for a combination of real property and equipment or machinery.
History
- Statutory Authority: MS s 116J.035; 116J.617; 116J.980
- History: 14 SR 1419; 19 SR 887
Minn. R. 4308.0070 Security Requirements for Loans
All loans must be secured by collateral. The financial institution or the department shall take a security interest in any collateral acceptable to the financial institution and the state. The personal guarantee of principal owners must also be given to the financial institution or department before the loan is approved. For purposes of this part, principal owners are those having 20 percent or more ownership of a tourism project.
History
- Statutory Authority: MS s 116J.035; 116J.617; 116J.980
- History: 14 SR 1419; 19 SR 887
Minn. R. 4308.0080 Application Process for Loans
Subpart 1. General procedures.
Applications for loans under the program must be made by the borrower and, if applicable, in coordination with a financial institution. Written evidence of support for the proposed project by the local unit of government within which it would be located must accompany the application. Applications may be submitted year round to the Community Development Division using the Community Development Division's community development application.
Subp. 2. First part of application.
The first part of the community development application must include:
A. a description of the borrower, including the borrower's standard industrial classification code;
B. a narrative summarizing the need for the proposed tourism-related project; and
C. a project summary outlining the construction, site preparation, equipment, or other activities or items to be completed or acquired and the scope of the project.
Subp. 3. Second part of application.
The second part of the community development application must include:
A. an activities description and budget detailing the specific estimated costs associated with each proposed activity or acquisition;
B. a description of the proposed collateral;
C. supporting materials that are designed to verify or support information presented in subparts 1 and 2 and in items A and B including, if applicable, a copy of the financial institution's file regarding the borrower's loan application and a letter containing the financial institution's assessment of the risks associated with the loan, and the creditworthiness of the borrower;
D. a statement by the borrower, in the form provided in Minnesota Statutes, section 13.05, subdivision 4, paragraph (d), or a form similar to it if the borrower is a corporation, consenting to the dissemination of private or nonpublic data applicable to the loan; and
E. copies of building permits, conditional use permits, resolutions, correspondence, and other documentation that the proposed project has been reviewed and approved by the appropriate local government officials.
Subp. 4. Additional information.
The Community Development Division may require additional information from the applicant if it is necessary to clarify and evaluate the application.
History
- Statutory Authority: MS s 116J.035; 116J.617; 116J.980
- History: 14 SR 1419; 19 SR 887
Minn. R. 4308.0090 Procedure for Tourism Loan Evaluation and Approval
Subpart 1. Evaluation of eligibility.
Upon receipt of the first part of the community development application, the Community Development Division shall make a determination whether the borrower, project, and costs are eligible for consideration. If it is determined that the borrower, project, or costs are ineligible, the Community Development Division shall notify the borrower and, if applicable, the financial institution and suggest any modifications that would make the application eligible for consideration. If it is determined that the borrower, project, and costs are eligible, the Community Development Division shall notify the borrower and, if applicable, the financial institution and advise the borrower and, if applicable, the financial institution of the additional information required to complete the second part of the community development application.
Subp. 2. Evaluation of the completed application.
Upon receipt of the completed community development application, the Community Development Division shall evaluate the application based on the following criteria:
A. the ability of the borrower to reasonably repay the loan;
B. the extent to which the proposed project would contribute to upgrading, expanding, and improving Minnesota's tourism industry;
C. the degree to which the proposed project would contribute to the economic viability of the tourism-related facility operated by the borrower;
D. the degree to which the proposed project would contribute to protection or enhancement of the local tax base;
E. demonstration of an overall positive economic impact on the surrounding community; and
F. the degree to which the proposed project would help retain lakeshore and other outdoor recreation and tourism amenities for general use.
Subp. 3. Approval.
The Community Development Division may reject or disapprove an application for a loan that does not provide sufficient documentation or otherwise comply with parts 4308.0010 to 4308.0110. If the Community Development Division approves an application for a loan, it shall address a commitment letter to the financial institution and the borrower. It shall also notify the financial institution and the borrower of the amount of the loan and the amount of interest charged on the department's portion of the loan.
Subp. 4. Documentation required.
The state shall require an executed promissory note or notes, an executed participation agreement, recorded mortgage, security agreements, personal guarantees, assignments, title opinion or title insurance, fire insurance, recorded UCC documents, and other documentation needed to close the loan. The Community Development Division shall prepare a loan agreement to be signed by the financial institution, the borrower, and the state. The financial institution shall also certify in the participation agreement that the interest rate approved by the Community Development Division will be passed on to the borrower.
History
- Statutory Authority: MS s 116J.035; 116J.617; 116J.980
- History: 14 SR 1419; 19 SR 887
Minn. R. 4308.0100 Loan Servicing
Subpart 1. Collection responsibilities.
In cases where a participation loan is approved, the financial institution shall collect payments according to the payment schedule outlined in the promissory note. The financial institution must remit to the department its pro rata share of a payment within 15 days of receipt. The financial institution may retain interest collected as payment for duties performed by it under the contract in the amount of one percent per annum of the department's share of the loan.
Subp. 2. Loan default.
The financial institution shall notify the Community Development Division within 30 days after a determination by the financial institution of a default. The financial institution must pursue all reasonable means to collect the defaulted loan from the borrower and must apply and exhaust the loan security as necessary to effect payment of the loan. The financial institution must remit to the department its pro rata share of any amounts collected after subtracting costs to collect upon the defaulted loan. In lieu of foreclosure, either before or after declaring a default, the financial institution and the Community Development Division may agree to refinance or renegotiate the loan when doing so will enhance the possibility of recovery of the debt.
History
- Statutory Authority: MS s 116J.035; 116J.617; 116J.980
- History: 14 SR 1419
Minn. R. 4308.0110 Amortization Schedules
Loan payments shall be made according to an amortization schedule established by the Community Development Division for direct loans, or by the financial institution for department participation loans. In the case of participation loans, the Community Development Division shall review and approve the proposed amortization schedule.
The financial institution shall allow loan payments to be made on other than a monthly basis to meet the amortization schedule established by the financial institution. A nonmonthly payment schedule shall allow for seasonal payments, where income is generated or primarily generated, because of seasonal business.
History
- Statutory Authority: MS s 116J.035; 116J.617; 116J.980
- History: 14 SR 1419
Chapter 4309 PROJECT GRANTS
Minn. R. 4309.0100 Definitions
Subpart 1. Scope.
As used in parts 4309.0100 to 4309.0600, the following words and terms shall have the meanings given.
Subp. 2. Commissioner.
"Commissioner" means the commissioner of the Minnesota Department of Employment and Economic Development, or the commissioner's designated representative.
Subp. 3. Department.
"Department" means the Minnesota Department of Employment and Economic Development.
Subp. 4. Economic development region.
"Economic development region" means any of the geographical areas defined as such by Executive Order number 60 of Governor Wendell Anderson, dated June 12, 1970.
Subp. 5. Federal poverty level.
"Federal poverty level" means the income level established by the United States Office of Economic Opportunity, in Community Services Administration Instruction 6004-1.
Subp. 6. Low income.
"Low income" means having an annual income below the federal poverty level.
Subp. 7. Program.
"Program" means the program of funding of pilot community development corporation projects pursuant to Laws of Minnesota 1975, chapter 331, section 3.
History
- Statutory Authority: MS s 15.039; 116J.980; 116J.982
- History: 9 SR 111; L 1987 c 312 art 1, c 386 art 4 s 1; 17 SR 1279; L 2003 1Sp4 s 1
Minn. R. 4309.0200 Purpose
The purpose of parts 4309.0100 to 4309.0600 is to augment Laws of Minnesota 1975, chapter 331, section 3, by establishing criteria for the establishment of pilot community development corporation projects.
History
- Statutory Authority: MS s 116J.980; 116J.982
- History: L 1987 c 386 art 4 s 1
Minn. R. 4309.0300 Availability of Program Funds
Program funds shall be available only to eligible community development corporations designated as such by the department.
History
- Statutory Authority: MS s 15.039; 116J.980; 116J.982
- History: 9 SR 111; L 1987 c 386 art 4 s 1
Minn. R. 4309.0400 Organizational Criteria for Community Development Corporations
Subpart 1. Eligibility.
No corporation shall be designated an eligible community development corporation unless it conforms to the following requirements.
Subp. 2. Form of organization.
A community development corporation must be incorporated under the Minnesota Nonprofit Corporations Act, Minnesota Statutes, chapter 317A.
Subp. 3. Designated community.
A community development corporation must identify in its articles of incorporation or its bylaws a defined geographic area within which it will operate, called its designated community.
A. At least ten percent of the population of the designated community must have incomes below the existing federal poverty level at the time of incorporation.
B. No more than one community development corporation shall be designated within any one outstate economic development region, with the exception of economic development regions in which a community development corporation was in existence at the time of promulgation of these rules.
C. Within the metropolitan area, the designated community shall be an identifiable neighborhood or combination of neighborhoods where designated by the Metropolitan Council. Elsewhere in region eleven, the designated community shall be townships, cities, unincorporated areas or combinations thereof.
Subp. 4. Membership.
Voting membership in a community development corporation shall be limited to residents of the corporation's designated community.
Subp. 5. Board of directors.
The articles of incorporation or bylaws of a community development corporation shall conform to the following requirements concerning its board of directors:
A. Size: the board shall be composed of not less than 15 and not more than 30 directors, unless the corporation can demonstrate to the satisfaction of the assistant commissioner that the disadvantages of a smaller or larger board will be overcome.
B. Not less than 60 percent of the directors of a community development corporation shall be low income members of the corporation.
C. The remaining directors shall be members of the business, financial, and general communities who, to the maximum extent possible, shall be residents of the designated community.
D. Election of directors: The low income directors shall be elected by the members of the community development corporation. The remaining directors shall be elected either by the members of the corporation or by the low income directors.
Subp. 6. Employees.
Nonmanagerial and nonprofessional employees of a community development corporation shall be hired from among the low income residents of the designated community.
History
- Statutory Authority: MS s 116J.980; 116J.982
- History: L 1987 c 386 art 4 s 1; L 1989 c 304 s 137
Minn. R. 4309.0500 Project Grants
Subpart 1. Program funds.
Program funds shall be made available to eligible community development corporations in the form of project grants, on approval by the department of an application therefor. All applications shall be in a form prescribed by the commissioner. Project grants shall be made only with respect to projects that will be carried on within the designated community of the applicant community development corporation, except where the applicant demonstrates that a project carried on outside the designated community will have a significant impact within the designated community.
Subp. 2. Types of grants.
Grants shall be available for planning and capital venture projects.
Subp. 3. Planning grants.
Planning grants shall be available for:
A. the organizational development of a community development corporation;
B. comprehensive economic development planning for the designated community; and
C. the development of operational funding proposals.
Subp. 4. Capital venture grants.
Capital venture grants shall be available for two categories of projects:
A. Business ventures: projects in this category involve the community development corporation's establishment of, assistance to existing, or purchase of a partial or full ownership interest in a business venture to be carried on for profit within the designated community.
B. Infrastructure development: projects in this category involve the community development corporation's development of resources or facilities within its designated community that are necessary preconditions to the development of business ventures. Such projects shall be approved only where it can be shown that they will, in fact, lead to immediate business development and employment opportunities.
Subp. 5. Priorities for approval of project applications.
Project applications that present the greatest potential for achievement of the following goals shall receive priority in the distribution of program funds:
A. creation of employment opportunities;
B. maximization of profits;
C. short term economic impact on the designated community; and
D. use of nonstate funds to complement program funds.
Subp. 6. Restrictions on use of program funds.
No part of a project funded by program funds shall be conducted by a religious or church related institution. Projects must be entirely secular in content and purpose.
No program funds shall be expended for the cost of meals for employees or officers of community development corporations or authorized business ventures.
No program funds shall be expended for the cost of securing or developing social services.
History
- Statutory Authority: MS s 15.039; 116J.980; 116J.982
- History: 9 SR 111; L 1987 c 386 art 4 s 1
Minn. R. 4309.0600 No Discrimination
No person shall, on the grounds of race, color, religion, sex, age, or national origin, be excluded from participation in, be denied the proceeds of, or be the subject of discrimination in a project approved and funded under the program. In all hiring or employment made possible by or resulting from a grant action, each employer will not discriminate against any employee or applicant for employment because of race, color, religion, sex, age, or national origin, and will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, sex, age, or national origin.
History
- Statutory Authority: MS s 116J.980; 116J.982
- History: L 1987 c 386 art 4 s 1
Minn. R. 4309.1000 Additional Information
To apply for a contamination cleanup development grant, an applicant must submit the following information to the Department of Employment and Economic Development in addition to the requirements in Minnesota Statutes, section 116J.553, subdivision 2:
A. an estimation of the number of jobs that will be created after cleanup and development of the site;
B. the total project cost;
C. the anticipated value of proposed public and private future developments including the potential tax base increase of the local taxing jurisdictions;
D. the amount and source of the commitment of municipal or other local resources to pay for the cleanup costs; and
E. the relative financial health of the local taxing jurisdiction as demonstrated by tax capacity, bonded indebtedness, and an audit or financial statement if an audit is not available.
History
- Statutory Authority: MS s 116J.035
- History: 19 SR 765; L 2003 1Sp4 s 1
Chapter 4310 OUTDOOR RECREATION; RDC'S
Minn. R. 4310.0200 MR 1991 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
MR 1991 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
Minn. R. 4310.0300 MR 1991 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
MR 1991 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
Minn. R. 4310.0400 MR 1991 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
MR 1991 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
Minn. R. 4310.0500 MR 1991 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
MR 1991 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
Minn. R. 4310.0600 MR 1991 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
MR 1991 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
Minn. R. 4310.0700 MR 1991 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
MR 1991 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
Minn. R. 4310.0800 MR 1991 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
MR 1991 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
Minn. R. 4310.0900 MR 1991 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
MR 1991 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
Minn. R. 4310.1000 MR 1991 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
MR 1991 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
Minn. R. 4310.1100 MR 1991 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
MR 1991 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
Minn. R. 4310.1200 MR 1991 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
MR 1991 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
Minn. R. 4310.1300 MR 1991 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
MR 1991 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
Minn. R. 4310.1400 MR 1991 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
MR 1991 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
Minn. R. 4310.1500 MR 1991 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
MR 1991 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
Minn. R. 4310.1600 MR 1991 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
MR 1991 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
Minn. R. 4310.1700 MR 1991 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
MR 1991 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
Minn. R. 4310.1800 MR 1991 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
MR 1991 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
Minn. R. 4310.1900 MR 1991 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
MR 1991 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
Minn. R. 4310.2000 MR 1991 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
MR 1991 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
Minn. R. 4310.2100 MR 1991 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
MR 1991 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
Minn. R. 4310.2200 MR 1991 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
MR 1991 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
Minn. R. 4310.2300 MR 1991 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
MR 1991 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
Minn. R. 4310.2400 MR 1991 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
MR 1991 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
Minn. R. 4310.2500 MR 1991 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
MR 1991 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
Minn. R. 4310.2600 MR 1991 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
MR 1991 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
Minn. R. 4310.3100 MR 1991 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
MR 1991 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
Minn. R. 4310.3200 MR 1991 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
MR 1991 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
Minn. R. 4310.3300 MR 1991 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
MR 1991 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
Minn. R. 4310.3400 MR 1991 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
MR 1991 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
Minn. R. 4310.3500 MR 1991 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
MR 1991 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
Minn. R. 4310.3600 MR 1991 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
MR 1991 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
Minn. R. 4310.3700 MR 1991 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
MR 1991 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
Minn. R. 4310.3800 MR 1991 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
MR 1991 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
Minn. R. 4310.3900 MR 1991 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
MR 1991 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
Minn. R. 4310.4000 MR 1991 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
MR 1991 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
Minn. R. 4310.4100 MR 1991 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
MR 1991 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
Minn. R. 4310.4200 MR 1991 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
MR 1991 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
Minn. R. 4310.4300 MR 1991 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
MR 1991 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
Minn. R. 4310.4400 MR 1991 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
MR 1991 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
Minn. R. 4310.4500 MR 1991 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
MR 1991 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
Minn. R. 4310.4600 MR 1991 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
MR 1991 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
Minn. R. 4310.4700 MR 1991 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
MR 1991 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
Minn. R. 4310.4800 MR 1991 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
MR 1991 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
Minn. R. 4310.4900 MR 1991 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
MR 1991 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
Minn. R. 4310.5000 MR 1991 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
MR 1991 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
Minn. R. 4310.5100 MR 1991 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
MR 1991 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
Minn. R. 4310.5200 MR 1991 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
MR 1991 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
Minn. R. 4310.5300 MR 1991 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
MR 1991 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
Minn. R. 4310.5400 MR 1991 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
MR 1991 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
Minn. R. 4310.5500 MR 1991 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
MR 1991 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
Minn. R. 4310.6100 MR 1991 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
MR 1991 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
Minn. R. 4310.6200 MR 1991 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
MR 1991 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
Minn. R. 4310.6300 MR 1991 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
MR 1991 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
Minn. R. 4310.6310 MR 1991 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
MR 1991 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
Minn. R. 4310.6320 MR 1991 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
MR 1991 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
Minn. R. 4310.6330 MR 1991 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
MR 1991 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
Minn. R. 4310.6340 MR 1991 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
MR 1991 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
Minn. R. 4310.6500 MR 1991 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
MR 1991 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
Minn. R. 4310.6600 MR 1991 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
MR 1991 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
Minn. R. 4310.6700 MR 1991 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
MR 1991 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
Minn. R. 4310.6800 MR 1991 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
MR 1991 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
Minn. R. 4310.6900 MR 1991 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
MR 1991 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
Minn. R. 4310.7000 MR 1991 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
MR 1991 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
Minn. R. 4310.7100 MR 1991 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
MR 1991 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
Minn. R. 4310.8100 [Repealed, 13 SR 2933]
[Repealed, 13 SR 2933]
Minn. R. 4310.8105 Definitions
Subpart 1. Scope.
The following terms used in parts 4310.8105 to 4310.8160 have the meanings given them.
Subp. 2. Community development application.
"Community development application" means the official consolidated application form as developed by the department to be used to apply for funding assistance from various community assistance programs administered by the Community Development Division.
Subp. 3. Community Development Division.
"Community Development Division" means the Community Development Division of the Department of Employment and Economic Development.
Subp. 4. Eligible applicant.
"Eligible applicant" means local units of government that are eligible to apply for an outdoor recreation grant.
Subp. 5. LAWCON.
"LAWCON" means the program established by the act of Congress entitled "The Land and Water Conservation Fund Act of 1965," as amended, Statutes at Large, volume 87, page 897, which provides federal grants to Minnesota for the acquisition and development of outdoor recreation projects.
Subp. 6. Local units of government.
"Local units of government" means counties, cities, townships, and Indian tribes and bands recognized by the federal government.
Subp. 7. NPS.
"NPS" means the National Park Service of the United States Department of the Interior.
Subp. 8. NPS guidelines.
"NPS guidelines" means those guidelines established by the National Park Service and contained in the "Land and Water Conservation Fund Grants Manual," prepared by the National Park Service. This manual is incorporated by reference, is available through the Minitex interlibrary loan system, and is subject to frequent change.
Subp. 9. Outdoor recreation grant.
"Outdoor recreation grant" means a specific sum of money made available by the federal government or Minnesota to an eligible applicant for the execution of outdoor recreation projects.
Subp. 10. Project.
"Project" means a planned undertaking for outdoor recreation, proposed by an eligible applicant, having fixed beginning and ending dates and consisting of either or both of the following two types:
A. "acquisition project" means the acquisition of real property or an interest and rights to the property for a well-defined outdoor recreation area and purpose; and
B. "development project" means the development of structures, utilities, or facilities necessary for the purpose of outdoor recreation on publicly-owned or controlled land.
Subp. 11. Project agreement.
"Project agreement" means the contract executed between the NPS and the state, or the state and the eligible applicant, that sets forth the mutual obligations with regard to a portion or all of a specific project.
Subp. 12. SCORP.
"SCORP" means the Minnesota Statewide Comprehensive Outdoor Recreation Plan prepared by the Minnesota Department of Natural Resources as required by the NPS as a prerequisite to distribution of LAWCON funds. This plan is incorporated by reference, is available through the Minitex interlibrary loan system, and is subject to change every five years.
History
- Statutory Authority: MS s 86.71; 116J.035; 116J.401; 116J.406
- History: 13 SR 2933; L 2003 1Sp4 s 1
Minn. R. 4310.8110 [Repealed, 13 SR 2933]
[Repealed, 13 SR 2933]
Minn. R. 4310.8120 Purpose
Parts 4310.8105 to 4310.8300 provide criteria, priorities, and procedures for evaluating outdoor recreation proposals of local government units under consideration for outdoor recreation grants.
History
- Statutory Authority: MS s 86.71; 116J.035; 116J.401;116J.406
- History: 13 SR 2933
Minn. R. 4310.8130 Application Process
Subpart 1. Eligibility.
An eligible local unit of government may apply for an outdoor recreation grant. To receive a grant, an eligible applicant must satisfy the requirements in parts 4310.8105 to 4310.8160 and related statutory requirements.
Subp. 2. Notice.
Annually, the Community Development Division shall provide notice concerning the application process for outdoor recreation grants to the following:
A. mayors in care of the clerks of all cities in Minnesota;
B. county board chairs in care of the auditors of all counties in Minnesota;
C. chairs of county planning commissions and city planning commissions of all cities over 5,000 population according to the last federal decennial census in Minnesota;
D. chairs of county park and recreation commissions and city park and recreation commissions of all cities over 5,000 population according to the last federal decennial census in Minnesota;
E. chairs in care of the executive directors of regional development commissions;
F. chairs of each county's township association;
G. chairs of tribal councils of recognized Indian tribal governments;
H. statewide organizations representing Minnesota local governments;
I. persons requesting notice; and
J. upon request, to the Minnesota state legislature.
Subp. 2a. Application content and submission.
Applications may be submitted year-round to the Community Development Division and on the Community Development Division's community development application.
A completed community development application must include:
A. needs narrative summarizing the need for the proposed outdoor recreation project;
B. project summary outlining the facilities and land acquisition to be completed and the scope of the project;
C. activities and budget detailing the specific estimated costs associated with each proposed acquisition or development activity;
D. assurances necessary to comply with federal or state requirements as a prerequisite to receiving state or federal funding;
E. a resolution from the local unit of government approving the submission of the application and authorizing execution of the grant agreement in accordance with the requirements of the Community Development Division, if funds are made available; and
F. supporting materials that are designed to verify or support information presented in items A to E. The Community Development Division may require additional information from the applicant if it is necessary to clarify and evaluate the application.
Subp. 3.
[Repealed, 13 SR 2933]
Subp. 3a. Evaluation criteria.
Funding of outdoor recreation projects, included on completed community development applications, shall be officially determined during an annual competitive review and ranking period. The Community Development Division may request applicants who have submitted completed applications with outdoor recreation projects, before the annual competitive review and ranking period, to submit additional materials and support documentation necessary to complete the evaluation and ranking.
Outdoor recreation projects, included on completed community development applications, shall be officially evaluated, scored, and ranked in accordance with the general criteria in subpart 4a, acquisition priorities in subpart 5a, and development priorities in subpart 6a.
Subp. 4.
[Repealed, 13 SR 2933]
Subp. 4a. General criteria.
Applications that meet one or more of the following criteria shall receive priority over similar projects that do not:
A. projects involving outstanding irreplaceable resources or features of statewide or regional significance that are in danger of commercial (nonrecreational) development, subdivision, or other use that may be incompatible with outdoor recreation uses;
B. projects that have received a prior outdoor recreation grant for a preceding phase of the proposed project and that have been satisfactorily managed;
C. projects that are designed with a sensitivity toward the physical limitations and natural characteristics of the site; recognize and complement existing land forms and recreation facilities; provide for ease of maintenance and operation of the site; do not have major environmental intrusions that are detrimental to the intended use of the property; make good use of available space without crowding; and include facilities that are designed in accordance with generally-accepted engineering and architectural standards;
D. projects for which the applicant has submitted a statement documenting a financial commitment to continued operations and maintenance of the proposed facilities;
E. projects that are consistent with the outdoor recreation needs and priorities related to local governments as identified in SCORP; and
F. projects for which the applicant can demonstrate a need for priority consideration for state financial assistance.
Subp. 5.
[Repealed, 13 SR 2933]
Subp. 5a. Acquisition priorities.
The following criteria shall be used to evaluate applications for acquisition projects and to determine priorities for projects:
A. acquisition of project sites having existing or potential natural, scientific, cultural, historical, educational, or recreational values that would be made available for public enjoyment;
B. acquisition of project sites that would protect or enhance aesthetics, land and water quality, or the recreational use of existing outdoor recreation facilities; and
C. acquisition of project sites that address the outdoor recreation land acquisition needs and priorities related to local governments as identified in SCORP.
Subp. 6.
[Repealed, 13 SR 2933]
Subp. 6a. Development priorities.
The following criteria shall be used to evaluate applications for outdoor recreation development projects and to determine priorities for projects:
A. projects designed to protect and enhance land and water quality of the site consistent with the estimated number of its potential users and the proposed outdoor recreation activities;
B. projects designed to be readily accessible to a wide range of potential users, including users with disabilities;
C. projects designed to minimize any potential risk to the health and safety of users; and
D. projects designed to provide to the general public a wide range of outdoor recreation opportunities that are related to the needs and priorities established in SCORP.
Subp. 7.
[Repealed, 13 SR 2933]
Subp. 7a. Competitive review and ranking period.
As part of the competitive review and ranking period, Community Development Division staff shall conduct an on-site inspection of each project. After completion of the on-site inspections, each project shall be reviewed in accordance with the evaluation criteria contained in subpart 3a, and a priority ranking shall be established for each applicant based on the evaluation criteria. All applicants shall be notified by the Community Development Division about the disposition of their project after the competitive review and ranking period has been completed and a funding determination has been made.
Grants shall be allocated to applicants in descending order or priority, as determined by the ranking, until all available grant funds are depleted.
The highest ranked projects will be eligible for and shall be awarded federal LAWCON funds. The Community Development Division shall determine which projects will be eligible for state funds.
Subp. 8.
[Repealed, 13 SR 2933]
Subp. 8a. NPS approval and notice of LAWCON grant award.
For any eligible project for which the Community Development Division has determined that federal LAWCON funds will be awarded, the Community Development Division shall request NPS approval of a LAWCON grant for the recommended project. The Community Development Division shall notify the applicant that the project has been recommended for a grant and will be submitted to the NPS for final approval. The Community Development Division shall also notify the applicant of the action taken by the NPS.
Subp. 9.
[Repealed, 13 SR 2933]
Subp. 9a. Notification of state grant award.
For any eligible project for which the Community Development Division has determined that state funds will be awarded, the Community Development Division shall notify the applicant that the project has received a grant award. If an eligible project is not recommended to receive a grant award, the Community Development Division shall notify the applicant that the project did not rank highly enough for funding.
Subp. 10.
[Repealed, 13 SR 2933]
Subp. 11.
[Repealed, 13 SR 2933]
Subp. 12.
[Repealed, 13 SR 2933]
History
- Statutory Authority: MS s 86.71; 116J.035; 116J.401; 116J.406
- History: 13 SR 2933; L 2005 c 56 s 2
Minn. R. 4310.8140 Project Agreement
Upon approval by the NPS for LAWCON-funded projects and approval by the Community Development Division for state-funded projects, the Community Development Division shall execute a project agreement with the applicant and the applicant shall comply with the terms of the project agreement.
History
- Statutory Authority: MS s 86.71; 116J.035; 116J.401; 116J.406
- History: 13 SR 2933
Minn. R. 4310.8150 Disbursement of Grant
The applicant shall initially pay for the project costs as specified in the project agreement. The applicant shall submit to the Community Development Division a payment request for reimbursement of costs incurred in the completion of the project. In all cases, not more than four payment requests shall be submitted for the life of the project. Upon receipt of a payment request containing the documentation required in the project agreement, the Community Development Division shall audit the payment request documentation to determine the eligibility and propriety of the costs incurred by the applicant.
For projects funded with federal LAWCON funds, if the costs are eligible and properly documented, the Community Development Division shall request reimbursement from NPS of the federal share of the eligible costs represented by the applicant's payment request. Upon receipt of the LAWCON reimbursement for that payment request, the Community Development Division shall issue payment of the federal funds to the applicant.
For projects funded with state grant funds, the Community Development Division shall reimburse the applicant for the eligible costs represented by each payment request, provided that the payment request documentation submitted contains the documentation required in the project agreement.
The final payment shall reflect any cost adjustments due to project changes. The project site shall be subject to an inspection by state and federal personnel. All costs incurred by the applicant may be subject to verification by an independent federal or state audit.
History
- Statutory Authority: MS s 86.71; 116J.035; 116J.401; 116J.406
- History: 13 SR 2933
Minn. R. 4310.8160 Amendments
A request for an amendment in the project scope, costs, or time period may be submitted to the Community Development Division prior to project termination. If the request is eligible for a LAWCON amendment and the Community Development Division considers the amendment request to be reasonable and justified and it does not substantially affect the project eligibility under part 4310.8130, it may request NPS to approve the amendment.
History
- Statutory Authority: MS s 86.71; 116J.035; 116J.401; 116J.406
- History: 13 SR 2933
Minn. R. 4310.8170 [Repealed, 13 SR 2933]
[Repealed, 13 SR 2933]
Minn. R. 4310.8180 [Repealed, 13 SR 2933]
[Repealed, 13 SR 2933]
Minn. R. 4310.8190 [Repealed, 13 SR 2933]
[Repealed, 13 SR 2933]
Minn. R. 4310.8300 [Repealed, 13 SR 2933]
[Repealed, 13 SR 2933]
Minn. R. 4310.8600 MR 1991 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
MR 1991 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
Minn. R. 4310.8610 MR 1991 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
MR 1991 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
Minn. R. 4310.8620 MR 1991 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
MR 1991 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
Minn. R. 4310.8630 MR 1991 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
MR 1991 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
Minn. R. 4310.8640 MR 1991 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
MR 1991 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
Minn. R. 4310.8650 MR 1991 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
MR 1991 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
Minn. R. 4310.8660 MR 1991 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
MR 1991 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
Minn. R. 4310.8670 MR 1991 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
MR 1991 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
Minn. R. 4310.9100 MR 1991 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
MR 1991 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
Minn. R. 4310.9110 MR 1991 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
MR 1991 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
Minn. R. 4310.9120 MR 1991 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
MR 1991 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
Minn. R. 4310.9130 MR 1991 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
MR 1991 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
Minn. R. 4310.9140 MR 1991 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
MR 1991 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
Minn. R. 4310.9150 MR 1991 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
MR 1991 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]
Minn. R. 4310.9500 Definitions
Subpart 1. Scope.
As used in these parts, the following terms have the meanings given them.
Subp. 2. Agency.
"Agency" means the State Planning Agency.
Subp. 3. Base grants.
"Base grants" means a portion of the preliminary funding allocation to an RDC that is earmarked as an equal minimum level of financial assistance for each RDC.
Subp. 4. Comprehensive plan.
"Comprehensive plan" means a regional comprehensive development plan that RDCs are required to prepare and adopt under Minnesota Statutes, section 462.39, subdivision 3.
Subp. 5. Consultation process.
"Consultation process" means a meeting during which the agency consults with the RDC for the purpose of obtaining input on the allocation of state financial assistance to RDCs.
Subp. 6. Final work program.
"Final work program" means a work program that has been reviewed by the agency and submitted and adopted by the RDC under the provisions of these parts.
Subp. 7. Fiscal year.
"Fiscal year" means the operational program year of the RDC.
Subp. 8. Grant agreement.
"Grant agreement" means a signed written agreement between the state acting by and through the agency, and the RDC that specifies the terms of agency's allocation of state financial assistance to the RDC.
Subp. 9. Overall program design; OPD.
"Overall program design (OPD)" means a work program that also includes goals, issues, problems, and opportunities that will be addressed over a three-year period. Every fourth year, beginning in fiscal year 1982, the OPD shall be substituted for the annual work program.
Subp. 10. Planning subcategories.
"Planning subcategories" means a specific planning or management activity that subdivides the program's categories of an RDC's work program into specific objectives, work elements, and evaluation criteria.
Subp. 11. Preliminary funding allocation.
"Preliminary funding allocation" means a forecast of the potential amount of state financial assistance available to each RDC for the ensuing fiscal year.
Subp. 12. Preliminary work program.
"Preliminary work program" means a draft work program prepared and submitted by the RDCs to the agency under the provisions of these parts.
Subp. 13. Program categories.
"Program categories" means a work program classification for a general planning or management activity of a RDC.
Subp. 14. Progress report.
"Progress report" means a written report that is submitted by the RDC to the agency on a quarterly basis which indicates the progress which the RDC is making in completing its work program.
Subp. 15. Regional development commission; RDC.
"Regional development commission (RDC)" means any commission organized under the Regional Development Act.
Subp. 16. Regional Development Act.
"Regional Development Act" means Minnesota Statutes, sections 462.381 to 462.396.
Subp. 17. Review session.
"Review session" means a meeting between the RDC and the agency for the purpose of identifying problems with the RDC's final work program if the work program is found to be inconsistent with the requirements set forth under these parts.
Subp. 18. State financial assistance.
"State financial assistance" means grants made to RDCs, under Minnesota Statutes, section 462.396, subdivision 1, from appropriations made available by the legislature.
Subp. 19. Work program.
"Work program" means an annual written plan of all of an RDC's proposed work activities for the ensuing fiscal year, including but not limited to those activities supported by state financial assistance.
Subp. 20. Technical assistance.
"Technical assistance" means any planning or management assistance that an RDC renders to a local government.
History
- Statutory Authority: MS s 116K.07
Minn. R. 4310.9510 Authority and Purpose
Subpart 1. Authority.
The rules contained herein are prescribed by the Office of Local and Urban Affairs, pursuant to authority granted in Minnesota Statutes 1978, sections 4.13, 4.17, and 462.396, and Executive Order No. 79-33.
Subp. 2. Purpose.
It is the purpose of the RDC act to promote comprehensive planning and to facilitate intergovernmental cooperation. In accordance with this policy, these rules are set forth to provide criteria and procedures for providing state assistance to regional development commissions.
History
- Statutory Authority: MS s 116K.07
Minn. R. 4310.9520 Application Process
Subpart 1. Consultation process.
No later than 120 days prior to the start of the fiscal year, RDCs shall be invited to consult with the agency in determining the amount of preliminary funding allocations of state financial assistance to RDCs.
Based on this consultation with the RDCs, and in consideration of the amount of funds provided by the legislature for such purposes, the agency shall announce to each RDC a preliminary funding allocation for the ensuing fiscal year.
Factors to be considered by the agency in determining the preliminary funding allocations shall include: base grants; the population of the region; and consideration of an amount of funds to be reserved for future funding of RDC work programs that are amended under this subpart.
The preliminary funding allocation to each RDC shall not be considered to be the final amount of funds awarded to each RDC.
Subp. 2. Submission of preliminary work program.
No later than 30 days after the consultation process each RDC shall submit to the agency a preliminary work program that shall be consistent with the content requirements prescribed under part 4310.9530.
Every fourth year, the RDC shall submit an overall program design in place of the preliminary work program. The OPD shall be consistent with the content requirements prescribed under this part and part 4310.9530. The procedures set forth below for approving RDC work programs shall apply equally to OPDs.
Subp. 3. The agency review of preliminary work programs.
No later than 30 days after receipt of the RDC preliminary work programs, the agency shall transmit written comments to each RDC based on its review of the RDC's preliminary work program.
The agency review shall include an examination of the RDC's compliance with the content requirements set forth under part 4310.9530; and an evaluation of the scope and content of the preliminary work program in respect to the proposed work program budget.
The agency shall, as it deems necessary, invite other state, federal, regional, or local agencies that provide assistance to RDCs to participate in its review of the RDC work programs.
Subp. 4. Submission of final work program.
No later than 45 days after the agency transmits its preliminary work program review comments to the RDCs, each RDC shall submit to the agency a final work program that has been adopted by the RDC under procedures set forth by the RDC. The final work program shall contain the following:
A. the content described under part 4310.9530;
B. responses to the agency's comments on the RDC's preliminary work program; and
C. inclusion of the following attachments:
Subp. 5. Acceptance of final work programs.
If the RDC's final work program is found to be consistent with the requirements set forth under these rules, the agency shall notify the RDC that its final work program is acceptable and that a grant agreement between the RDC and the agency shall be entered into as described under part 4310.9540, subpart 2.
If an RDC's final work program is found to be inconsistent with the requirements set forth under these parts, the agency shall schedule a review session to resolve the problems identified. The review session shall be attended by RDC representatives, the agency representatives, and representatives of any other organizations that the RDC and the agency mutually determine should be present to ensure complete input and understanding of the specific problems identified. Following the review session, the agency shall provide the RDC with a written statement of the findings of the review session and changes (if any) which the RDC must make in its final work program in order to have an acceptable work program. Upon receipt by the agency of the required changes to the RDC's work program, the agency shall notify the RDC that its work program is acceptable and a grant agreement shall be executed as described under part 4310.9540, subpart 2. If the RDC fails to change its work program in accordance with the agency's requirements, the work program shall not be accepted and a grant agreement shall not be executed.
Subp. 6. Amendments to acceptable work program.
A final work program may be amended any time by the RDC after it has been accepted by the agency, provided that the amendment is accepted by the agency.
An amendment to an RDC work program shall be accepted by the agency if:
A. the RDC submits to the agency a detailed description of the proposed amendments in the manner prescribed under part 4310.9530; or
B. the proposed amendments are determined by the agency to be consistent with the requirements set forth under subpart 5. An amendment to an RDC work program shall not be accepted by the agency if the proposed amendment is inconsistent with the requirements set forth under subpart 5. Within ten days of receipt of a proposed amendment, the agency shall notify the RDC in writing whether the proposed amendment is accepted.
History
- Statutory Authority: MS s 116K.07
Minn. R. 4310.9530 Content of Work Program and Opd
Subpart 1. Final work order.
In order to be accepted a final work program shall include:
A. a title and reference number for program categories (for example, 100-administration) and a title and reference number for program subcategories (for example, 110-personnel management);
B. a description of the objective of each program subcategory, that is, a specific statement of what is to be accomplished by the RDC in relation to its identified policies, needs, and/or problems; whenever possible the objective shall be stated in terms of outcomes or results which are quantifiable and measurable over a one-year period of time;
C. a description of the work elements for each program subcategory that are specific statements of the work activity to be undertaken in order to achieve an objective; whenever possible, the work elements shall contain an identification of the products that will result from the work element;
D. a description of the evaluation criteria for each program subcategory that shall consist of:
E. a program subcategory description of the process and timetable that the RDC is using to carry out its comprehensive planning responsibilities as enumerated under Minnesota Statutes, section 462.39, subdivision 3;
F. a program subcategory description of the RDC's technical assistance program for its local governments;
G. a program subcategory description of the RDC's plans for implementing a self-evaluation program; and
H. a budget that indicates all proposed federal, state, and local revenue to be utilized by the RDC in carrying out the objectives of the work program. State financial assistance to RDCs, as authorized by Minnesota Statutes, section 462.396, shall be identified as to its specific use by the RDC.
Subp. 2. OPDs.
In order to be accepted an OPD shall include:
A. a description of a work program for the ensuing fiscal year which is consistent with the work program requirements set forth in these parts;
B. a description of three-year goals for each program category of the work program;
C. a description of the issues, problems, and opportunities related to achieving each of the program category goals;
D. a schedule for completing a self-evaluation process; this schedule for the self-evaluation process shall include activities listed in subitems (1) to (7), unless the agency and the RDC mutually agree on an alternative self-evaluation process that would achieve these same objectives:
E. a schedule for addressing the comprehensive planning requirements enumerated under Minnesota Statutes, section 462.39, subdivision 3.
Subp. 3. Modification.
The content of the work program or OPD as specified in subparts 1 and 2 shall be modified by the agency as may be necessary to accommodate the requirements of other state and federal agencies that provide assistance to RDCs.
History
- Statutory Authority: MS s 116K.07
Minn. R. 4310.9540 Procedures for Administering State Financial Assistance to Rdc's
Subpart 1. Grant allocations.
Grant awards to RDCs shall be based on the following criteria:
A. The agency's acceptance of the RDC's final work program;
B. The agency's review of RDC performance relative to past RDC work programs;
C. RDC use of local financial assistance to help support program activities; and
D. The agency's approval of an amended RDC work program or OPD as authorized under part 4310.9520, subpart 6, provided that such funds were reserved for that purpose under part 4310.9520, subpart 1.
E. Each year during the consultation process, each RDC may advise the agency on the relative importance of the funding criteria that the agency will use to determine the amount of grants to RDCs.
Subp. 2. Grant disbursements.
The agency shall make grant allocations and disburse such grant allocations to RDCs according to the following procedures:
A. A grant agreement shall be entered into between the RDC and the SPA once a final work program has been determined to be acceptable by the agency, provided that funds have been appropriated for such purposes.
B. The grant agreement shall specify:
C. Nothing contained in these parts shall prohibit other state or federal agencies from providing grants to RDCs, nor shall these parts prevent other state or federal agencies from entering into an agreement with the agency for the purpose of integrating grant agreements to RDCs.
Subp. 3. Evaluation.
The agency shall monitor each RDC's performance under its grant agreement according to the following procedures:
A. RDCs shall submit a quarterly progress report to the agency indicating the performance of work elements scheduled for undertaking during that quarterly period. The agency shall review the quarterly progress reports in respect to the final work program.
B. If problems are identified as a result of the agency's review of quarterly progress reports, the agency shall, as staff resources allow, conduct an on-site program evaluation with each RDC during the third or fourth quarter of each fiscal year.
C. Each RDC shall submit to the agency a completion report at the end of the fiscal year. This report shall indicate which work elements were not completed and which objectives were and were not achieved. For each work element and objective not successfully completed, the RDC shall provide an explanation of such as well as an indication of the amount of time needed to complete the remaining activity.
D. No sooner than 30 days after the completion of the fiscal year, the agency shall determine, based on its review of the RDC completion report, whether or not the work program has been completed in an acceptable manner and whether or not the grant agreement between the agency and the RDC has been fulfilled.
History
- Statutory Authority: MS s 116K.07
Chapter 4348 UNIFORM BUSINESS LICENSING
Minn. R. 4348.0100 Definitions
Subpart 1. Scope.
For the purposes of parts 4348.0100 to 4348.0300, the terms defined in this part have the meanings given them.
Subp. 2. Agency.
"Agency" has the meaning given it in Minnesota Statutes, section 14.02, subdivision 2.
Subp. 3. Director.
"Director" has the meaning given it in Minnesota Statutes, section 116J.74, subdivision 6.
Subp. 4. Initial response period.
"Initial response period" means the 60 day time limit imposed by Minnesota Statutes, section 116J.79, subdivision 3, on an agency for the rendering of a written review and opinion.
Subp. 5. License.
"License" has the meaning given "business license" in Minnesota Statutes, section 116J.70, subdivision 2.
Subp. 6. Person.
"Person" has the meaning given it in Minnesota Statutes, section 116J.74, subdivision 8.
Subp. 7. Written review and opinion.
"Written review and opinion" means a written statement by an agency that incorporates the information required by Minnesota Statutes, section 116J.79, subdivision 2, relating to a proposed business activity.
History
- Statutory Authority: MS s 116J.76; 116J.79
- History: L 1987 c 386 art 5 s 5
Minn. R. 4348.0200 Preapplication Conference
Subpart 1. Request.
Any person may request a preapplication conference by submitting to the Bureau of Business Licenses a formal request in the format prescribed by the bureau.
Subp. 2. Approval and notice.
If the director determines, after consideration of a formal request, that a preapplication conference is warranted, the director shall secure the participation of the interested agencies and notify the person in writing of the date, time, and place of the conference.
The director will consider the following factors in making a determination as to whether a preapplication conference is warranted:
A. the dollar volume of the proposed activity;
B. whether the proposed activity involves multiple licenses from agencies; and
C. whether the proposed activity involves business or corporate structures, activities, technologies, products, or processes that are different from, or reasonably appear to be different from, those for which a license has been required in the past.
Subp. 3. Supervision.
The director or the director's designated representative shall preside over the preapplication conference to ensure that it achieves the purposes set forth in Minnesota Statutes, section 116J.79, subdivision 1.
Subp. 4. Effect upon participants.
A preapplication conference is not binding upon any of the participants.
History
- Statutory Authority: MS s 116J.76; 116J.79
- History: L 1987 c 386 art 5 s 5; 17 SR 1279
Minn. R. 4348.0300 Written Review and Opinion
Subpart 1. Authorization.
If during a preapplication conference the director determines that a proposed business activity meets the criteria set forth in Minnesota Statutes, section 116J.79, subdivision 2, the director shall request each affected agency to provide the person with a written review and opinion as to every license the agency requires for the proposed business activity.
Subp. 2. Request.
The director's request for a written review and opinion shall be submitted in writing to the agency. The request shall specify the date on which the agency's initial response period begins.
Subp. 3. Extensions.
A request for an extension of the initial response period shall be set forth in writing by the agency and include the specific reasons justifying the extension.
If the agency does not receive written notice from the director denying the extension within ten days of submission of its request, the extension is granted and is effective for an additional 60-day period.
The director shall provide the person with written notice of approval of the extension, its duration, and the reasons the extension was approved.
Subp. 4. Modification or amendment.
An agency may modify or amend a written review and opinion by notifying the person and the director in writing of its intent to do so. The notice shall include a statement setting forth the reasons for the modification or amendment.
The modification or amendment shall be provided to the person and director within 30 days of transmittal of the agency's notification of modification or amendment.
History
- Statutory Authority: MS s 116J.76; 116J.79
- History: L 1987 c 386 art 5 s 5; 17 SR 1279
Chapter 4350 ENVIRONMENTAL PERMIT COORDINATION
Minn. R. 4350.0200 MR 1985 [Renumbered 8300.5300]
MR 1985 [Renumbered 8300.5300]
Minn. R. 4350.0300 MR 1985 [Renumbered 8300.5310]
MR 1985 [Renumbered 8300.5310]
Minn. R. 4350.0400 MR 1985 [Renumbered 8300.5320]
MR 1985 [Renumbered 8300.5320]
Minn. R. 4350.0500 MR 1985 [Renumbered 8300.5330]
MR 1985 [Renumbered 8300.5330]
Minn. R. 4350.0600 MR 1985 [Renumbered 8300.5340]
MR 1985 [Renumbered 8300.5340]
Minn. R. 4350.0700 MR 1985 [Renumbered 8300.5350]
MR 1985 [Renumbered 8300.5350]
Minn. R. 4350.2100 MR 1985 [Renumbered 8300.5400]
MR 1985 [Renumbered 8300.5400]
Minn. R. 4350.2200 MR 1985 [Renumbered 8300.5410]
MR 1985 [Renumbered 8300.5410]
Minn. R. 4350.2300 MR 1985 [Renumbered 8300.5420]
MR 1985 [Renumbered 8300.5420]
Minn. R. 4350.3000 Definitions
Subpart 1. Scope.
The terms specified in subparts 2 to 16 shall have the following meanings for the purpose of these rules.
Subp. 2. Agency.
"Agency" means a state department, commission, board, or other instrumentality of the state, however titled, or a local government unit or instrumentality if that local unit is acting within existing legal authority to grant or deny a permit that otherwise would be granted or denied by a state agency.
Subp. 3. Board.
"Board" means the Minnesota Environmental Quality Board established pursuant to Minnesota Statutes, section 116C.03, formerly called the Minnesota Environmental Quality Council.
Subp. 3a. Bureau.
"Bureau" means the Bureau of Business Licenses established pursuant to Minnesota Statutes, sections 116J.73 to 116J.76.
Subp. 4. Coordination unit.
"Coordination unit" means the environmental permits coordination unit established pursuant to Minnesota Statutes, section 116C.25, to assist persons using the master application process.
Subp. 5. Days.
"Days" in computing any period of time prescribed or allowed in these rules, the day the designated period of time begins shall not be included. The last day of the period shall be included, unless it is a Saturday, Sunday, or a legal holiday, in which case the period will extend until the end of the next day that is not a Saturday, a Sunday, or a legal holiday.
Subp. 6. Environmental review process.
"Environmental review process" means any procedure for review established by the board pursuant to Minnesota Statutes, section 116D.04, subdivision 2a.
Subp. 7. Administrative law judge.
"Administrative law judge" means an administrative law judge regularly appointed by the chief administrative law judge as provided for in Minnesota Statutes, sections 14.49 to 14.56.
Subp. 8. Joint hearing.
"Joint hearing" means the optional hearing at which one or more agencies participate as herein described as a replacement for individual state agency hearings that may be held following each agency's separate permit review procedures.
Subp. 9. Local government unit.
"Local government unit" means a county, city, town, or special district with legal authority to issue a permit.
Subp. 10. Master application.
"Master application" means an application requesting the issuance of all state permits necessary for construction or operation of a project requiring more than one permit.
Subp. 11. Participating agency.
"Participating agency" means an agency with one or more permit programs under its jurisdiction that are pertinent to a project for which a completed master application has been submitted to the coordination unit and which orders a hearing to be held pursuant to these rules.
Subp. 12. Permit.
"Permit" means a license, permit, certificate, certification, approval, compliance schedule, or other similar document pertaining to a regulatory or management program related to the protection, conservation, or use of or interference with the natural resources of land, air, or water, which is required to be obtained from a state agency prior to constructing or operating a project in this state. Nothing in these rules shall relate to the granting of a proprietary interest in publicly owned property through a sale, lease, easement, use permit, license, or other conveyance.
Subp. 13. Permit information center.
"Permit information center" means an office established to provide information to the public about the requirements of state and local government regulations concerning the use of natural resources and protection of the environment.
Subp. 14. Person.
"Person" means an individual, an association, partnership, or cooperative, or a municipal, public, or private corporation, including but not limited to a state agency and a county.
Subp. 15. Project.
"Project" means a new activity or an expansion of or addition to an existing activity, which is fixed in location and which requires permits from agencies prior to construction or operation, including but not limited to industrial and commercial operations and development.
Subp. 16. Regional development commission.
"Regional development commission" means any regional development commission created pursuant to Minnesota Statutes, sections 462.381 to 462.396, and the Metropolitan Council created pursuant to Minnesota Statutes, chapter 473B.
History
- Statutory Authority: MS s 116C.32
- History: L 1983 c 289 s 34 to 39; L 1984 c 640 s 32; L 1987 c 312 art 1
Minn. R. 4350.3010 Authority, Purpose, and Exemptions
Subpart 1. Authority.
These rules are prescribed by the Bureau of Business Licenses under:
A. Minnesota Statutes, section 116C.23, establishing an environmental permits coordination unit. This unit will implement the provisions of Minnesota Statutes, sections 116C.22 to 116C.34, herein titled the Environmental Coordination Procedures Act;
B. Minnesota Statutes, section 116C.32, to adopt rules, not inconsistent with rules of procedure established by the Office of Administrative Hearings, implementing the Environmental Coordination Procedures Act.
Subp. 2. Purpose.
These rules provide an optional procedure to assist a person who, before undertaking a project which would use the state's air, land, or water resources, must obtain more than one state permit as defined by these rules when that person voluntarily decides to use this procedure. The assistance involves identifying all such required permits before the project is implemented; providing a single hearing on appropriate permit applications; providing time frames for the making of agency decisions; and providing to the applicant statements of the reasons that agencies approve or deny the permit applications.
Subp. 3. Exemptions.
These rules shall not apply to projects that:
A. require permits issued under Minnesota Statutes, chapter 93, pertaining to reservations, permits, and leases of state-owned mineral lands; Minnesota Statutes, chapter 216E, the Minnesota Power Plant Siting Act; or Minnesota Statutes, section 216B.243, pertaining to certificates of need for large energy facilities; or
B. are initiated for taconite tailings disposal or mining, or producing or beneficiating copper, nickel, or copper nickel.
History
- Statutory Authority: MS s 116C.32; 216E.16
- History: L 1983 c 289 s 34 to 39; L 1987 c 312 art 1
Minn. R. 4350.3020 Application of These Rules
Subpart 1. Agency jurisdiction.
Each agency having jurisdiction to issue or reject a permit shall retain this authority as vested in it before the effective date of these rules. Nothing in these rules shall lessen or reduce such authority and these rules shall modify only the procedures followed in carrying out such authority.
A state agency may, in performing its responsibilities under these rules, request or receive additional information from an applicant. A copy of that request or receipt shall be immediately forwarded to the coordination unit, which shall immediately notify all other agencies having permit interest in the project.
Subp. 2. Fees.
Fee schedules authorized by statute or rules for an application or permit shall continue to be applicable even though the application or permit is processed according to these rules. The coordination unit shall not charge the applicant or participating agencies a fee for services.
Subp. 3. Postdecision proceedings.
These rules shall have no applicability to an application for a permit renewal, amendment, extension, or other similar document required subsequent to the completion of decisions and proceedings under parts 4350.3000 to 4350.3130, or to a replacement thereof or to a quasi judicial or judicial proceeding held pursuant to an order of remand or similar order by a court in relation to a final decision of an agency.
Subp. 4. Limitation.
Nothing in these rules shall modify in any manner whatsoever the applicability or inapplicability to the lands of any agency of any land use regulation, statute, or local government zoning ordinance.
Subp. 5. Modification of rules.
The coordination unit, to the limited extent necessary to comply with procedural requirements of federal statutes relating to permit systems operated by the state, may modify the notice, timing, hearing, and related procedural matters provided in these rules.
History
- Statutory Authority: MS s 116C.32
- History: L 1983 c 289 s 34 to 39; L 1987 c 312 art 1
Minn. R. 4350.3030 Master Application
Subpart 1. Scope.
A person proposing a project that might require more than one permit may, before the initial construction of the project or the initial operation of the project if construction of the project requires no permits, submit to the coordination unit a master application requesting the issuance of all permits necessary for construction and (or) operation of the project.
Other permits, in addition to those defined by these rules, may be included in these permit coordination procedures if the applicant and state regulatory agency so agree and if such procedure is permissible under the statutes and regulations that apply to such nonincluded permits. A written agreement to such an arrangement shall be provided by the agency to the coordination unit within 30 days of receipt by the agency of the master application. If such other permit applications are included within the master application process, they shall remain with the process until final disposition of the master application and for purposes of the master application process shall be included as a permit as defined by these rules.
If a permit is required for the operation of a project or if a state agency must approve the engineering design plans of a project, and if the information needed by the agency to reach a decision could not be made available through the master application process, because postconstruction or operation data are required to be collected or evaluated or because the issuance of the permit depends upon a postconstruction facilities inspection or performance demonstration, then that permit or approval may be processed independently from the master application process provided both the applicant and the agency agree.
Subp. 2. Master application form.
The coordination unit shall provide a master application form which requests information necessary for agencies to determine permit applicability. Information required shall include but not be limited to the name and address of the applicant, the location of the project, and a description of the project, including but not limited to: possible discharges of waste; use of or interference with natural resources; the time for project completion; and, if the project is to be phased, the timing of such phases.
Subp. 3. Signatories.
Permit forms of agencies shall be signed as required by the rules of the respective agencies. Any form, exclusive of the agencies' permit forms, submitted to the coordination unit shall be signed as follows:
A. in the case of a corporation, by a principal executive officer or that officer's duly authorized representative or agent, if such representative or agent is responsible for the project for which the permit is requested;
B. in the case of a partnership, by a general partner;
C. in the case of a sole proprietorship, by the proprietor;
D. in the case of a municipal, state, or other public signatory, by either a principal executive officer, ranking elected official, or other duly authorized employee.
Subp. 4. Certification.
The coordination unit shall provide certification application forms which shall be submitted respectively by all applicants as follows:
A. Certification must be obtained, from the local government units in which the proposed project will be located, that the project complies with all local zoning ordinances, subdivision regulations, and environmental rules administered by the local government unit. Certification under this item must be issued not more than 120 days before the submission date of the master application. The local government units shall either issue a certification or deny that certification in accord with the following procedures:
B. Certification must be obtained from the board that an environmental impact statement on the project either has been completed or is not required. Within five days after the first board meeting following submission of a certification application form to the board, the board shall return the completed form or notify the applicant in writing that the proposed project is undergoing review under the environmental review process. If the project is undergoing review under the environmental review process, the board shall return a completed form to the applicant within ten days after such process is completed. If an environmental impact statement was required on the project, a copy of the final environmental impact statement shall be attached to the board's certification.
Subp. 5. Acceptance for processing.
Upon receipt of a completed master application, including certifications required in subpart 4, the coordination unit shall immediately notify the applicant that the application has been accepted and is ready for processing. Upon acceptance, the coordination unit shall immediately notify in writing each agency having a possible permit interest in the project. The notice shall be accompanied by a copy of the master application.
Subp. 6. Permit and hearing information.
Each notified agency shall respond in writing to the coordination unit within 20 days of receipt by the agency of the master application, advising whether the agency will or will not require a permit for the described project. If the agency responds affirmatively, it shall include application forms and information concerning the specific permit programs applicable to the project as described, and state whether a public hearing is required or appropriate relating to permit requirements for the project. Provided, that a statement whether a public hearing is required or appropriate relating to national pollutant discharge elimination system (NPDES) permit requirements for the project shall not be required at this time. If an agency affirms that a public hearing is required or appropriate, it shall provide a brief statement identifying the reasons.
Subp. 7. Revision to normal procedure.
If after all agency responses are received, only one permit is required, the master application procedure shall no longer be available to the applicant for that project. The applicant may then proceed to process the permit application using the normal procedures established by the agency requiring the permit. However, agencies shall not require additional permits of the applicant unless one of the conditions described in subpart 8 arises.
Subp. 8. Conditions for requirement of permit.
A notified agency that makes a timely response indicating that a permit is not required, or that fails to make a timely response concerning a permit program or programs, shall not require such a permit of the applicant for the described project unless:
A. the master application provided to the agency lacked information or contained false, misleading, or deceptive information that would reasonably lead the agency to misjudge the applicability of its permits to the project;
B. subsequent laws or rules require additional permits; or
C. unusual circumstances prevented the agency from notifying the coordination unit, and the agency can establish that failure to require a permit would result in substantial harm to the public health and welfare.
Subp. 9. Procedure if permits are required.
If one of the conditions listed in subpart 8, items A to C arises, the affected agencies shall so notify the applicant, the coordination unit, and the board, and shall request a determination by the board whether an order should be issued to require the relevant permits. Included with the agency's request shall be a statement justifying the need to require the additional permits. The board at its first meeting held more than 15 days after being notified by the agency shall determine whether the permits shall be required. If additional permits are required because one of the conditions of subpart 8, item A occurs necessitating a change in the notice required by part 4350.3060, subpart 1, the applicant shall pay the additional cost, if any, resulting from the requirement for the additional permits. Any other costs resulting from the conditions in subpart 8, items A to C will be borne by the agencies requiring additional permits.
Subp. 10. Alteration of project.
If the applicant without being required by a public agency alters the proposed project in a way that may affect the validity of the certifications required in subpart 4 or an agency response required in subpart 5, item C, the applicant shall immediately notify the coordination unit of the proposed alteration. The coordination unit shall then immediately notify the board, the local government units involved, and all agencies which may have a permit interest in the proposed project. Within 15 days after notification by the coordination unit, the board, the local government units, and the agencies shall respond to the coordination unit and the applicant whether the previous certification is still valid or additional permits are required. If a new certification is needed or additional permits are required, the master application process shall be suspended. The period of suspension shall not exceed the time periods provided in subpart 4, items A, subitem (1) and B, and subpart 6.
History
- Statutory Authority: MS s 116C.32
- History: L 1983 c 289 s 34 to 39; L 1987 c 312 art 1; 17 SR 1279
Minn. R. 4350.3040 Permit Applications
Subpart 1. Forms.
Within five days after the deadline for agency responses, the coordination unit shall submit to the applicant all necessary application forms for the permits identified in the affirmative agency responses described in part 4350.3030, subpart 6. The applicant shall complete and return these forms to the coordination unit, with any required individual permit fees, within 90 days.
Subp. 2. Transmittal to agencies.
Within ten days of receipt of the full set of completed forms the coordination unit shall send each application to the appropriate agency for its permit review in accord with the procedures of these rules, provided, that a completed NPDES form shall be forwarded to the Minnesota Pollution Control Agency immediately upon receipt by the coordination unit.
Subp. 3. Priorities.
If an agency has a procedure for setting priorities in permit issuance according to the application date, the date used shall be the day the master application is received by the coordination unit.
History
- Statutory Authority: MS s 116C.32
- History: L 1983 c 289 s 34 to 39; L 1987 c 312 art 1
Minn. R. 4350.3050 National Pollutant Discharge Elimination System Permit Review
Whenever the Minnesota Pollution Control Agency responds under part 4350.3030, subparts 5 to 9, that a NPDES permit is required for a master application, within 110 days after it has received a completed NPDES application under part 4350.3040, subpart 2, the Minnesota Pollution Control Agency shall complete all permit review procedures necessary to determine the necessity or appropriateness of a hearing on the NPDES requirements for the project, and shall within the 110 days notify the coordination unit whether a hearing is required or necessary. When conditions prevail that do not require the full 110 day processing period, the MPCA will notify the coordination unit as soon as possible as to whether a hearing is required.
History
- Statutory Authority: MS s 116C.32
- History: L 1983 c 289 s 34 to 39; L 1987 c 312 art 1
Minn. R. 4350.3060 Notice
Subpart 1. Publication.
Immediately after transmittal of the completed permit applications and any required permit fees to the appropriate agency, the coordination unit shall publish notice at the applicant's expense once each week on the same day of the week for three consecutive weeks, in a newspaper of general circulation in each county in which the project is proposed to be constructed or operated.
Subp. 2. Content.
The notice shall contain:
A. a description of the proposed project;
B. the name and address of the applicant;
C. the location of the project;
D. the permits applied for and the agencies with permit jurisdiction;
E. the coordination unit telephone number to contact for more information about the project;
F. a statement that a copy of the master application and a copy of all permit applications for the project are available for public inspection during normal business hours in the office of the county auditor of each county in which the project is proposed to be constructed or operated, and in other locations the coordination unit may designate;
G. except as provided in subpart 3 or part 4350.3050, the time and place of the joint hearing and other contents of the order for hearing, to commence not less than 20 days or more than 45 days after publication of the last newspaper notice; and
H. additional information concerning the permit application or hearing, upon notification by an agency that such specified information is required to be provided in the notice.
Subp. 3. If joint hearing of no value.
If agency responses to the master application unanimously affirm that a public hearing concerning the master application is not required or is not in the public interest, the newspaper notice shall not refer to a joint hearing. The notice shall state that members of the public may present relevant views and supporting material concerning specified permits in writing to the coordination unit within 30 days after the last notice has been published.
Subp. 4. Additional notice.
Persons wishing to receive notice by mail of master applications may do so upon written request. The request shall give the name and address of the person to receive notice and the counties for which master application notice is requested. The request shall be valid for one year and may be renewed upon notice of expiration by the coordination unit. Upon notification by an agency, the coordination unit shall also mail notices to any additional persons entitled to receive notice according to the requirements of individual permit programs.
Subp. 5. Confidentiality.
If the applicant requests that information contained on the application or in supplement to the application be certified as confidential, the information shall not be released unless the appropriate agency responds in writing that the information is not to be certified as confidential. If the agency so responds, the coordination unit shall immediately notify the applicant that the agency has failed to certify the information as confidential. Within ten days after such notification, the applicant may withdraw the subject information by giving written notice to the coordination unit. The information shall not be subsequently released if it is withdrawn by the applicant within the ten-day period.
History
- Statutory Authority: MS s 116C.32
- History: L 1983 c 289 s 34 to 39; L 1987 c 312 art 1
Minn. R. 4350.3070 Joint Hearing
Subpart 1. Procedure.
When one or more agencies affirm that a hearing is required or appropriate relating to its permit requirements for the project, the agencies shall issue an order for a hearing. In preparing the order for hearing, the agencies shall consult with the coordination unit in setting the time and place for the joint hearing. The coordination unit shall issue a notice that a joint hearing will be held pursuant to the contested case provisions of Minnesota Statutes, chapter 14, the rules of the Office of Administrative Hearings, and these rules. Copies of the notice and orders shall be immediately forwarded to all agencies having a permit interest in the project and to the applicant by the coordination unit.
Subp. 2. State agency participation.
Each participating state agency shall be represented at the joint hearing by its chief administrative officer or that officer's designee. The representative shall participate in the portion of the joint hearing pertaining to submission of information, views, and supporting materials that are relevant to the specific permit applications under the jurisdiction of that agency. The manner of agency participation shall be consistent with the contested case rules of the Office of Administrative Hearings. The administrative law judge may, when appropriate, continue a joint hearing from time to time and place to place. The joint hearing shall be recorded in any manner suitable for transcription pursuant to Minnesota Statutes, chapter 14. The record of the joint hearing shall be made available for public inspection by the coordination unit.
Subp. 3. Administrative law judge's report.
Upon termination of the joint hearing, the administrative law judge's report, containing recommendations on each permit, shall be forwarded to the coordination unit. The coordination unit shall forward copies of the report to the participating agencies and to the applicant.
Subp. 4. Costs.
Costs of the joint hearing shall be apportioned by the coordination unit to each participating agency. The hearing costs shall be apportioned based on the percentage of the hearing record that is pertinent to each participating agency.
Subp. 5. Final agency decision.
Within 60 days of receipt of the administrative law judge's report or notification by the coordination unit of its availability to those agencies not participating in the hearing, each agency shall notify the coordination unit of its final decision on the permit applications within its jurisdiction. This date may be extended by the director of the bureau for reasonable cause. A request for such extension, setting forth specific reasons, shall be filed with the director of the bureau, who shall immediately notify the applicant. Such extension shall be the minimum time needed by the agency to reach a final decision and shall be considered an exception to normal operating procedure. Each final decision shall set forth the reasons for the decision together with a final order denying or granting the permit, including any conditions under which the permit is issued.
History
- Statutory Authority: MS s 116C.32
- History: L 1983 c 289 s 34 to 39; L 1984 c 640 s 32; L 1987 c 312 art 1; 17 SR 1279
Minn. R. 4350.3080 Nonhearing Procedure
If no joint hearing is conducted, pursuant to part 4350.3060, subpart 3, the coordination unit shall, not less than 30 days after publication of the last newspaper notice, submit a copy of all views and supporting material it has received to the agencies. The agencies shall consider such information during review of permit applications. Concurrently, the coordination unit shall notify each agency in writing of the date, 60 days after agency receipt of such notice, by which final decisions on applications shall be forwarded to the coordination unit. This date may be extended by the director of the bureau for reasonable cause. A request for such extension, setting forth specific reasons, shall be filed with the director of the bureau, who shall immediately notify the applicant. Such extension shall be the minimum time needed by the agency to reach a final decision and shall be considered an exception to normal operating procedure. Every final decision shall set forth the information required by part 4350.3070, subpart 5.
History
- Statutory Authority: MS s 116C.32
- History: L 1983 c 289 s 34 to 39; L 1987 c 312 art 1
Minn. R. 4350.3090 Agency Decisions
Upon receipt by the coordination unit of all final decisions of the agencies, the coordination unit shall immediately incorporate them, without modification, into one document and transmit the document to the applicant either personally or by registered mail.
History
- Statutory Authority: MS s 116C.32
- History: L 1983 c 289 s 34 to 39; L 1987 c 312 art 1
Minn. R. 4350.3100 Redress for Persons Aggrieved by Final Decision
A person aggrieved by a final decision of an agency in granting or denying a permit shall seek redress directly and individually from that agency in the manner provided by Minnesota Statutes, chapter 14, or any other statute authorizing either judicial or administrative review of an agency decision.
History
- Statutory Authority: MS s 116C.32
- History: L 1983 c 289 s 34 to 39; L 1987 c 312 art 1
Minn. R. 4350.3110 Withdrawal from Master Application Process
Subpart 1. Agency withdrawal.
An agency which has responded affirmatively under part 4350.3030, subpart 6, may withdraw from the process at any time if it has subsequently determined that it has no permit programs applicable to the project. The withdrawal becomes effective when the agency submits written notice of this determination to the coordination unit and to the applicant. The cost of a change or withdrawal of any notice required under these rules resulting from agency withdrawal shall be paid by the applicant if such withdrawal is due to an alteration the applicant has made in the project that is not required by a public agency or if the agency's initial affirmative determination was based on incorrect information supplied by the applicant; in all other cases, the withdrawing agency shall pay for the change or withdrawal of notice.
Subp. 2. Applicant withdrawal.
If an applicant has initiated the master application process, the applicant may at any later time withdraw from further participation in the process by submitting written notification to the coordination unit. If such withdrawal necessitates a change or withdrawal of any notice required under these rules, the applicant shall pay the cost, if any, of such change or withdrawal of notice.
History
- Statutory Authority: MS s 116C.32
- History: L 1983 c 289 s 34 to 39; L 1987 c 312 art 1
Minn. R. 4350.3120 Permit Information Center Grant Program
Subpart 1. Applicability.
Funds appropriated for grants for the establishment of regional permit information centers by Minnesota Statutes 1976, section 116C.34 and any future funding for such centers appropriated to the State Planning Agency shall be distributed to those public bodies authorized by laws pursuant to the recommendation of the director of the planning division and these rules.
Subp. 2. Eligibility.
A regional development commission may apply for a grant from the commissioner of the Department of Employment and Economic Development for the establishment of a regional permit information center; provided that the grant application is submitted before May 1 of the fiscal year for which the legislative appropriation was made; the amount of the grant application does not exceed the legislative appropriation; and the regional development commission agrees to perform the following functions for at least one year following approval of the grant application:
A. designate one person to act as liaison between the regional permit information center and the environmental permit coordination unit;
B. provide an information and referral system to assist the public in understanding and complying with the requirements of state and local government rules and regulations concerning the use of natural resources and protection of the environment;
C. provide for the dissemination of printed materials concerning the requirements of state and local government regulations;
D. publicize the availability and location of the permit information center;
E. provide information to the public on the regulatory functions relating to the environment of the local government units in its region;
F. establish and maintain a file for applicable state resource agency permits, including pertinent rules, criteria for permit issuance and use, and compliance with relevant statute requirements;
G. maintain information on state environmental programs; and
H. maintain a list or directory of pertinent state agency contacts in each region and in Saint Paul as well as a list of local government unit contacts for its region.
Subp. 3. Grants.
Within 30 days after receipt of a completed grant application, the commissioner of the Department of Employment and Economic Development shall approve the grant or notify the regional development commission in writing of the reasons why the grant application was denied.
History
- Statutory Authority: MS s 116C.32
- History: L 1983 c 289 s 34 to 39, s 115 subd 1; L 1987 c 312 art 1; L 2003 1Sp4 s 1
Minn. R. 4350.3130 Master Application Procedure
History
- Statutory Authority: MS s 116C.32
- History: L 1983 c 289 s 34 to 39; L 1987 c 312 art 1
Minn. R. 4350.6100 [Repealed, 8 SR 1011]
[Repealed, 8 SR 1011]
Minn. R. 4350.6200 [Repealed, 8 SR 1011]
[Repealed, 8 SR 1011]
Minn. R. 4350.6300 [Repealed, 8 SR 1011]
[Repealed, 8 SR 1011]
Minn. R. 4350.6400 [Repealed, 8 SR 1011]
[Repealed, 8 SR 1011]
Minn. R. 4350.6500 [Repealed, 8 SR 1011]
[Repealed, 8 SR 1011]
Minn. R. 4350.6600 [Repealed, 8 SR 1011]
[Repealed, 8 SR 1011]
Minn. R. 4350.6700 [Repealed, 8 SR 1011]
[Repealed, 8 SR 1011]
Minn. R. 4350.6800 [Repealed, 8 SR 1011]
[Repealed, 8 SR 1011]
Chapter 4370 RURAL CHALLENGE LOANS, GRANTS
Minn. R. 4370.0010 Definitions
Subpart 1. Scope.
The definitions in this part apply to this chapter.
Subp. 2. Annual report.
"Annual report" means a description of projects supported by the challenge grant program, an account of loans made during the calendar year, the source and amount of money collected and distributed by the challenge grant program, the program's assets and liabilities, and an explanation of administrative expenses.
Subp. 3.
[Repealed, L 1996 c 369 s 13]
Subp. 4. Commissioner.
"Commissioner" means the commissioner of employment and economic development.
Subp. 5. Economic recovery fund.
"Economic recovery fund" means the state funded economic development grant program established by Minnesota Statutes, sections 116J.401 to 116J.403, and 116J.873.
Subp. 6. Funding region.
"Funding region" means the six rural areas of Minnesota that have boundaries that are coterminous with one or more of the development regions established under Minnesota Statutes, section 462.385. They are identified as follows:
A. northwest region is coterminous with development regions 1 and 2;
B. northeast region is coterminous with development region 3;
C. west central region is coterminous with development region 4;
D. central region is coterminous with development regions 5, 7E, and 7W;
E. southwest region is coterminous with development regions 6E, 6W, and 8; and
F. southeast region is coterminous with development regions 9 and 10.
Subp. 7. Grant agreement.
"Grant agreement" means an agreement between the state and a regional organization through which the state provides funds to carry out specified programs, services, or activities.
Subp. 8. Independent annual audit.
"Independent annual audit" means a yearly financial compliance audit performed by a certified public accountant in accordance with generally accepted accounting practices and auditing standards.
Subp. 9. Loan limits.
"Loan limits" means that for businesses the minimum loan is $5,000 and the maximum is $100,000. For local governmental units the minimum is $5,000 and the maximum is $50,000.
Subp. 10. Local governmental unit.
"Local governmental unit" means a home rule charter or statutory city when the project is located in an incorporated area, a county when the project is located in an unincorporated area, or an American Indian Tribal Council when the project is located within a federally recognized American Indian Reservation or community.
Subp. 11. Local revolving loan fund.
"Local revolving loan fund" means a revolving loan fund established by a local governmental unit to promote economic development.
Subp. 12. Low income.
"Low income" means income that is equal to or below the nonmetropolitan median household income.
Subp. 13. Minimum interest rate.
"Minimum interest rate" means the interest rate established by the commissioner that cannot be exceeded but that will ensure coverage of the necessary management costs incurred by the regional organization.
Subp. 14. Private investment.
"Private investment" means cash injections from sources other than state, local, or federal government appropriations.
Subp. 15. Regional organization.
"Regional organization" means a nonprofit corporation selected by the commissioner to receive a challenge grant.
Subp. 16. Regional revolving loan fund.
"Regional revolving loan fund" means a commissioner certified revolving loan fund established by a regional organization to provide loans to new and expanding businesses in rural Minnesota to promote economic development.
Subp. 17. Rural.
"Rural" means the area of Minnesota located outside the seven-county metropolitan area as defined by Minnesota Statutes, section 473.121, subdivision 2.
Subp. 18. Rural rehabilitation revolving fund.
"Rural rehabilitation revolving fund" means the trust fund established in Minnesota Statutes, section 116J.955.
History
- Statutory Authority: MS s 116N.08
- History: 13 SR 130; L 1996 c 369 s 12,13; L 2003 1Sp4 s 1
Minn. R. 4370.0020 Purpose
The purpose of this chapter is to establish:
A. procedures for the commissioner to select and enter into agreements with regional organizations; and
B. procedures for the use of revolving loan funds under Minnesota Statutes, section 116J.415.
History
- Statutory Authority: MS s 116N.08
- History: 13 SR 130; L 1996 c 369 s 12
Minn. R. 4370.0030 Objectives of Program
The objectives of the challenge grant program are to encourage private investment, to provide jobs principally for low income persons, and to promote economic development in the rural areas of the state.
History
- Statutory Authority: MS s 116N.08
- History: 13 SR 130
Minn. R. 4370.0040 Types of Funding Available
The commissioner shall designate up to $1,000,000 from the rural rehabilitation revolving fund for each funding region to be available over a three year period. The money awarded to each regional organization will be appropriated to its regional revolving loan fund on a project by project basis and matched by the regional organization with an equal amount of nonpublic money.
The regional revolving loan fund shall be used by the regional organization to provide loans directly to new and expanding businesses or to local governmental units to promote economic development.
Loans to businesses from the regional revolving loan fund must be at least $5,000 and no more than $100,000. The amount of money appropriated from the regional revolving loan fund for each project may not exceed 50 percent of the total cost of each project. The amount of nonpublic money must equal at least 50 percent of the cost of each project.
Loans to local governmental units from the regional revolving loan fund must be at least $5,000 and no more than $50,000. The money loaned to a local governmental unit must be matched by the local revolving loan fund established by the local governmental unit and used to provide loans to businesses to promote local economic development.
History
- Statutory Authority: MS s 116N.08
- History: 13 SR 130; L 1996 c 369 s 12
Minn. R. 4370.0050 Application Process and Requirements for Selection of Regional Organizations to Receive Challenge Grants
Subpart 1. Eligibility requirements.
An eligible applicant must be a nonprofit corporation that can demonstrate the authority and ability to establish and administer a revolving loan fund, to initiate and implement economic development within its funding region, to be familiar with other available public and private funding sources and economic development programs, and to analyze projects to objectively review loan requests. Subject to the approval of the commissioner, an applicant may contract with other entities that have the technical skills to provide the specific services that fulfill this requirement.
An eligible applicant must demonstrate that its board of directors includes citizens who are experienced in rural development, has representatives of the regional development commissions (when applicable), and has directors representative of the geographic areas in the funding region.
Subp. 2. Process for submitting application.
The commissioner shall give notice of the period during which applications will be accepted. The notice must be published in the State Register at least 30 days before the closing date.
Subp. 3. Contents of application.
The application must be in a form prescribed by the commissioner and must include:
A. an assurance signed by the regional organization's chair that the applicant will comply with all applicable state and federal laws and requirements;
B. a resolution passed by the applicant's board of directors approving the submission of an application and authorizing execution of the grant agreement if funds are made available;
C. documentation of an applicant's eligibility; and
D. any additional information that the commissioner requests as necessary to clarify and evaluate the application.
Subp. 4. Evaluation and approval of applications.
Applicants that meet the eligibility requirements will be evaluated in the following two areas: (1) their ability to provide a nonpublic direct dollar match to the challenge grant award, and (2) their ability to implement requirements of the challenge grant program (including cooperation with other rural development organizations in carrying out the challenge grant program to promote rural development and provide technical assistance).
History
- Statutory Authority: MS s 116N.08
- History: 13 SR 130; L 1996 c 369 s 12
Minn. R. 4370.0060 Agreements and Records
Subpart 1. Grant agreement required.
A grant agreement must be established with each regional organization approved for funding by the commissioner. The agreement must be signed by a person authorized to commit the regional organization to legally binding agreements and to execute the agreement.
Subp. 2. Contents of grant agreement.
The grant agreement must include but is not limited to the following:
A. Assurance that the regional organization has or will establish a commissioner certified revolving loan fund to provide loans to new and expanding businesses in their funding region to promote economic development.
B. Assurance that the grant recipient will comply with all applicable state and federal laws, including the requirements of Minnesota Statutes, section 116J.415.
C. No challenge grant funds shall be used to finance activities not approved in either the grant agreement or each loan agreement. If it is determined that an improper use of funds has occurred, the commissioner will take whatever action is necessary to recover improperly spent funds. Grant recipients must return funds that are improperly expended.
D. The commissioner shall suspend payment of funds to recipients that are not in compliance with applicable state and federal laws, rules, and regulations.
E. Amendments to the grant agreement must be in writing.
Subp. 3. Record keeping.
The following record keeping requirements are established:
A. Challenge grant recipients shall maintain financial records that identify the source and application of funds for challenge grant supported activities. These records must contain information about approved loans, obligations, unobligated balances, assets, liabilities, outlays and interest income, use of interest income, and other information as required by the commissioner to fulfill its responsibilities. Financial records, supporting documents, statistical records, and all other records pertinent to the challenge grant program must be retained by the regional organization for one year after the grant program expires and records of each loan for one year from the final repayment. No records or documents may be disposed of while audits, claims, or litigation involving the records are in progress.
B. Challenge grant recipients must arrange and pay for an independent annual audit and submit a copy of the annual audit to the commissioner.
C. By February 15 of each year, an annual report must be submitted to the commissioner. The annual report must include a description of projects supported by the challenge grant program, an account of loans made during the calendar year, the source and amount of loans made during the year, the source and amount of money collected and distributed by the challenge grant program, the program's assets and liabilities, and an explanation of administrative expenses. The annual report will be used as a basis for reviewing the utilization of challenge grants awarded by the commissioner. Grant agreements will make provisions for reallocation in the event that the regional organization fails to perform its duties.
D. Representatives of the commissioner and the legislative auditor shall have access to all books, records, accounts, reports, files and other papers, things, or property belonging to the regional organization which are related to the administration of the challenge grant program.
History
- Statutory Authority: MS s 116N.08
- History: 13 SR 130; L 1996 c 369 s 12
Minn. R. 4370.0070 Challenge Grant Administration Manual
The commissioner shall prepare an administration manual for distribution to eligible regional organizations. The manual must instruct challenge grant applicants in the preparation of loan applications and describe the method by which the regional organization will evaluate and rate the applications.
History
- Statutory Authority: MS s 116N.08
- History: 13 SR 130; L 1996 c 369 s 12
Minn. R. 4370.0080 Threshold Requirements
Subpart 1. Regional policies required.
Regional policies must be developed to ensure that business loan applications meet specified eligibility threshold requirements. The criteria in this part must be incorporated into the regional policies.
Subp. 2. Financing gap.
Loans must be made to businesses that are not likely to undertake a project for which loans are sought without assistance from the challenge grant program. The loan applicant must demonstrate the existence of a financing gap by documenting which of the following apply to the business:
A. inadequate equity;
B. inadequate private lender financing; or
C. inability to pay market interest rate or term requirements.
Subp. 3. Jobs which principally benefit low-income persons.
A loan must be used for a project designed principally to benefit low-income persons through the creation or retention of jobs (principally is defined as more than 50 percent of the persons benefiting).
In addressing this criterion, an applicant should be prepared to show how low-income persons directly benefit from the creation or retention of jobs by providing evidence that the jobs retained employ low-income persons and that jobs created are filled or made available to low-income persons. The following are minimum threshold requirements relating to low-income job creation/retention.
A. Among loan applicants, priority must be given on the basis of the number of permanent jobs created or retained by the project and the proportion of nonstate money leveraged by the revolving loan.
B. Only jobs directly resulting from a specific grant activity will be considered.
C. In order to count retained jobs, there must be clear documentation provided by the business that it would reduce operations in the community or discontinue operations in Minnesota if additional financing is not made available.
Subp. 4. Leverage private investment.
The amount of money made available from the regional revolving loan fund may not exceed 50 percent of the total cost of the project. The following are minimum threshold requirements for leveraging private investment:
A. Except with prior approval by the commissioner, leveraged private investment by the business must be in the form of new commitments that have not yet been expended.
B. Financial commitments should not be contingent upon events other than the approval of the regional revolving loan.
C. With the approval of the commissioner, a loan may be used to provide up to 50 percent of the private investment required to qualify for a grant from the economic recovery fund.
D. For business loans, the amount of money appropriated from the rural rehabilitation revolving fund may not exceed 50 percent of each loan made by the regional organization. The amount of nonpublic money must be at least 50 percent of each loan made by the regional organization. The loan limits of the regional organization will be $5,000 minimum and $100,000 maximum.
E. For loans to local governmental units, the amount of money appropriated from the rural rehabilitation revolving fund for each regional revolving loan may not exceed $25,000. The maximum regional revolving loan is $50,000. The local governmental unit must match the loan at a minimum dollar for dollar from its revolving loan fund. The loan made by a local governmental unit may be 100 percent public funds.
F. In determining which business activities may be considered for loans, the following minimum requirements apply:
Subp. 5. Loan repayment.
For loans made to businesses, amounts equal to one-half of each principal and interest repayment must be deposited in the rural rehabilitation revolving fund. The money deposited in the fund will be used for additional challenge grants to the funding region for which the money was originally designated. The remaining amount of the loan repayment may be deposited in the regional revolving loan fund for further distribution by the regional organization.
For loans made to local governmental units, one-half of the money loaned by the regional organization must be repaid to the rural rehabilitation revolving fund. With the agreement of the regional organization, 50 percent of the money may be retained by the local governmental unit's revolving loan fund for further distribution by the local governmental unit.
History
- Statutory Authority: MS s 116N.08
- History: 13 SR 130
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