1.1.................... moves to amend the H1114A8 amendment to H.F. No. 1114 as follows:
1.2Page 1, before line 2, insert:
1.3"Page 13, after line 15, insert:

1.4    Sec. 8. Minnesota Statutes 2012, section 245A.07, subdivision 2a, is amended to read:
1.5    Subd. 2a. Immediate suspension expedited hearing. (a) Within five working days
1.6of receipt of the license holder's timely appeal, the commissioner shall request assignment
1.7of an administrative law judge. The request must include a proposed date, time, and place
1.8of a hearing. A hearing must be conducted by an administrative law judge within 30
1.9calendar days of the request for assignment, unless an extension is requested by either
1.10party and granted by the administrative law judge for good cause. The commissioner shall
1.11issue a notice of hearing by certified mail or personal service at least ten working days
1.12before the hearing. The scope of the hearing shall be limited solely to the issue of whether
1.13the temporary immediate suspension should remain in effect pending the commissioner's
1.14final order under section 245A.08, regarding a licensing sanction issued under subdivision
1.153 following the immediate suspension. The burden of proof in expedited hearings under
1.16this subdivision shall be limited to the commissioner's demonstration that reasonable
1.17cause exists to believe that the license holder's actions or failure to comply with applicable
1.18law or rule poses, or if the actions of other individuals or conditions in the program poses
1.19an imminent risk of harm to the health, safety, or rights of persons served by the program.
1.20"Reasonable cause" means there exist specific articulable facts or circumstances which
1.21provide the commissioner with a reasonable suspicion that there is an imminent risk of
1.22harm to the health, safety, or rights of persons served by the program.
1.23    (b) The administrative law judge shall issue findings of fact, conclusions, and a
1.24recommendation within ten working days from the date of hearing. The parties shall
1.25have ten calendar days to submit exceptions to the administrative law judge's report.
1.26The record shall close at the end of the ten-day period for submission of exceptions.
1.27The commissioner's final order shall be issued within ten working days from the close
2.1of the record. When an appeal of a temporary immediate suspension is withdrawn or
2.2dismissed, the commissioner shall issue a final order affirming the temporary immediate
2.3suspension within ten calendar days of the commissioner's receipt of the withdrawal or
2.4dismissal. Within 90 calendar days after a final order affirming an immediate suspension,
2.5the commissioner shall make a determination regarding whether a final licensing sanction
2.6shall be issued under subdivision 3. The license holder shall continue to be prohibited
2.7from operation of the program during this 90-day period.
2.8    (c) When the final order under paragraph (b) affirms an immediate suspension, and a
2.9final licensing sanction is issued under subdivision 3 and the license holder appeals that
2.10sanction, the license holder continues to be prohibited from operation of the program
2.11pending a final commissioner's order under section 245A.08, subdivision 5, regarding the
2.12final licensing sanction."