Section 1 (245A.08, subd. 4) modifies the law that relates to the recommendation of an administrative law judge as to whether the commissioner of human services’ order determining a licensing violation should be affirmed. The new language carves out an exception for family child care providers and group family child care providers, requiring that the administration law judge (ALJ) make a decision, not a recommendation, as to whether the commissioner’s order should be affirmed, and states that the ALJ decision is the final decision of the commissioner. Further, new language allows judicial review of the final decision.
Section 2 (245A.08, subd. 5) amends the provision that gives the commissioner the authority to issue a final order. The new language states that this subdivision does not apply to hearings relating to the license of a family child care provider or group family child care provider.