§ 256.046 — Administrative Fraud Disqualification Hearings
Plain-Language Summary
Requires local agencies to hold an administrative hearing when someone is accused of wrongfully getting public assistance benefits, such as general assistance, Minnesota supplemental aid, or medical assistance, when the case is not being handled as a crime.
256.046 ADMINISTRATIVE FRAUD DISQUALIFICATION HEARINGS.
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Subdivision 1.Hearing authority.
A local agency must initiate an administrative fraud disqualification hearing for individuals accused of wrongfully obtaining assistance or intentional program violations, in lieu of a criminal action when it has not been pursued, in general assistance, family general assistance program formerly codified in section 256D.05, subdivision 1, clause (15), Minnesota supplemental aid, MinnesotaCare for adults without children, and upon federal approval, all categories of medical assistance and remaining categories of MinnesotaCare except for children through age 18. The Department of Human Services, in lieu of a local agency, may initiate an administrative fraud disqualification hearing when the state agency is directly responsible for administration or investigation of the program for which benefits were wrongfully obtained. The hearing is subject to the requirements of sections 256.045 and 256.0451 and the requirements in Code of Federal Regulations, title 7, section 273.16.
[See Note.] §
Subd. 2.Combined hearing.
The human services judge may combine a fair hearing under section 142A.20 or 256.045 and administrative fraud disqualification hearing under this section or section 142A.27 into a single hearing if the factual issues arise out of the same, or related, circumstances and the individual receives prior notice that the hearings will be combined. If the administrative fraud disqualification hearing and fair hearing are combined, the time frames for administrative fraud disqualification hearings specified in Code of Federal Regulations, title 7, section 273.16, apply. If the individual accused of wrongfully obtaining assistance is charged under section 256.98 for the same act or acts which are the subject of the hearing, the individual may request that the hearing be delayed until the criminal charge is decided by the court or withdrawn. §
Subd. 3.
[Renumbered 142E.51, subd 5]
History:
1992 c 513 art 8 s 10; 1997 c 85 art 4 s 12; art 5 s 6; 1Sp1997 c 5 s 13; 1999 c 159 s 40; 1999 c 205 art 1 s 52; 1Sp2003 c 14 art 9 s 31; art 12 s 3; 2004 c 288 art 4 s 25; 1Sp2005 c 4 art 8 s 10; 2008 c 286 art 1 s 2; 2010 c 301 art 1 s 1; 2013 c 107 art 1 s 9; 2016 c 158 art 2 s 63; 1Sp2019 c 9 art 1 s 42; art 2 s 106,107; 2023 c 70 art 10 s 15; art 13 s 23; 2024 c 80 art 1 s 74,75; 2024 c 115 art 16 s 24; art 18 s 12
**NOTE: **The amendment to subdivision 1 by Laws 2023, chapter 70, article 10, section 15, is effective March 1, 2026, and applies to acts of wrongfully obtaining assistance and intentional program violations that occur on or after that date. Laws 2023, chapter 70, article 10, section 15, the effective date.
History: History: 1992 c 513 art 8 s 10; 1997 c 85 art 4 s 12; art 5 s 6; 1Sp1997 c 5 s 13; 1999 c 159 s 40; 1999 c 205 art 1 s 52; 1Sp2003 c 14 art 9 s 31; art 12 s 3; 2004 c 288 art 4 s 25; 1Sp2005 c 4 art 8 s 10; 2008 c 286 art 1 s 2; 2010 c 301 art 1 s 1; 2013 c 107 art 1 s 9; 2016 c 158 art 2 s 63; 1Sp2019 c 9 art 1 s 42; art 2 s 106,107; 2023 c 70 art 10 s 15; art 13 s 23; 2024 c 80 art 1 s 74,75; 2024 c 115 art 16 s 24; art 18 s 12