Minnesota Statutes 245H.04 – Commissioner’s Right of Access
(a) When the commissioner is exercising the powers conferred by this chapter, whenever the center is in operation and the information is relevant to the commissioner’s inspection or investigation, the commissioner must be given access to:
Terms Used In Minnesota Statutes 245H.04
- Applicant: means an individual or organization that is subject to certification under this chapter and that applied for but is not yet granted certification under this chapter. See Minnesota Statutes 245H.01
- Certification holder: means the individual or organization that is legally responsible for the operation of the center, and granted certification by the commissioner under this chapter. See Minnesota Statutes 245H.01
- children: includes children by birth or adoption;
(9) "day" comprises the time from midnight to the next midnight;
(10) "fiscal year" means the year by or for which accounts are reckoned;
(11) "hereafter" means a reference to the time after the time when the law containing such word takes effect;
(12) "heretofore" means a reference to the time previous to the time when the law containing such word takes effect;
(13) "judicial sale" means a sale conducted by an officer or person authorized for the purpose by some competent tribunal;
(14) "minor" means an individual under the age of 18 years;
(15) "money" means lawful money of the United States;
(16) "night time" means the time from sunset to sunrise;
(17) "non compos mentis" refers to an individual of unsound mind;
(18) "notary" means a notary public;
(19) "now" in any provision of a law referring to other laws in force, or to persons in office, or to any facts or circumstances as existing, relates to the laws in force, or to the persons in office, or to the facts or circumstances existing, respectively, on the effective date of such provision;
(20) "verified" when used in reference to writings, means supported by oath or affirmation. See Minnesota Statutes 645.45
- state: extends to and includes the District of Columbia and the several territories. See Minnesota Statutes 645.44
(1) the physical facility and grounds where the program is provided;
(2) documentation and records, including electronically maintained records;
(3) children served by the center; and
(4) staff and personnel records of current and former staff.
(b) The commissioner must be given access without prior notice and as often as the commissioner considers necessary if the commissioner is investigating alleged maltreatment or a violation of a law or rule, or conducting an inspection. When conducting an inspection, the commissioner may request and shall receive assistance from other state, county, and municipal governmental agencies and departments. The applicant or certification holder shall allow the commissioner, at the commissioner’s expense, to photocopy, photograph, and make audio and video recordings during an inspection.