1.1.................... moves to amend H.F. No. 975, the first engrossment, as follows:
1.2Page 4, line 26, delete everything after the period
1.3Page 4, delete lines 27 to 29
1.4Page 6, after line 33, insert:

1.5    "Sec. .... Minnesota Statutes 2012, section 256.045, subdivision 5, is amended to read:
1.6    Subd. 5. Orders of the commissioner of human services. A state human
1.7services referee shall conduct a hearing on the appeal and shall recommend an order
1.8to the commissioner of human services. The recommended order must be based on all
1.9relevant evidence and must not be limited to a review of the propriety of the state or
1.10county agency's action. A referee may take official notice of adjudicative facts. The
1.11commissioner of human services may accept the recommended order of a state human
1.12services referee and issue the order to the county agency and the applicant, recipient,
1.13former recipient, or prepaid health plan. The commissioner on refusing to accept the
1.14recommended order of the state human services referee, shall notify the petitioner, the
1.15agency, or prepaid health plan of that fact and shall state reasons therefor and shall allow
1.16each party ten days' time to submit additional written argument on the matter. After the
1.17expiration of the ten-day period, the commissioner shall issue an order on the matter to the
1.18petitioner, the agency, or prepaid health plan.
1.19    A party aggrieved by an order of the commissioner may appeal under subdivision
1.207, or request reconsideration by the commissioner within 30 days after the date the
1.21commissioner issues the order. The commissioner may reconsider an order upon request
1.22of any party or on the commissioner's own motion. A request for reconsideration does
1.23not stay implementation of the commissioner's order. The person seeking reconsideration
1.24has the burden to demonstrate why the matter should be reconsidered. The request for
1.25reconsideration may include legal argument and proposed additional evidence supporting
1.26the request. If proposed additional evidence is submitted, the person must explain
1.27why the proposed additional evidence was not provided at the time of the hearing. If
2.1reconsideration is granted, the other participants must be sent a copy of all material
2.2submitted in support of the request for reconsideration and must be given ten days to
2.3respond. Upon reconsideration, the commissioner may issue an amended order or an
2.4order affirming the original order.
2.5    Any order of the commissioner issued under this subdivision shall be conclusive
2.6upon the parties unless appeal is taken in the manner provided by subdivision 7. Any
2.7order of the commissioner is binding on the parties and must be implemented by the state
2.8agency, a county agency, or a prepaid health plan according to subdivision 3a, until the
2.9order is reversed by the district court, or unless the commissioner or a district court orders
2.10monthly assistance or aid or services paid or provided under subdivision 10.
2.11    A vendor of medical care as defined in section 256B.02, subdivision 7, or a vendor
2.12under contract with a county agency to provide social services is not a party and may not
2.13request a hearing or seek judicial review of an order issued under this section, unless
2.14assisting a recipient as provided in subdivision 4. A prepaid health plan is a party to an
2.15appeal under subdivision 3a, but cannot seek judicial review of an order issued under
2.16this section."
2.17Page 9, line 17, after "requested" insert "under section 256.045, subdivision 5,"
2.18Page 9, lines 21 to 23, delete the new language
2.19Renumber the sections in sequence and correct the internal references
2.20Amend the title accordingly