Minnesota Administrative Code

3300.6005 INDIVIDUAL ELIGIBILITY. Subpart 1. Individual eligibility. A. An individual is eligible for extended employment services if the individual: (1) is a Minnesota resident; (2) has documentation of a diagnosed disability or disabilities by a qualified professional according…

3300.6010 EXTENDED EMPLOYMENT SERVICES DELIVERY. Subpart 1. Person-centered practices. A provider must deliver extended employment services in the extended employment program using person-centered practices. "Person-centered practices" means practices that help an individual set …

3300.6015 EXTENDED EMPLOYMENT SUPPORT PLANS. Subpart 1. Extended employment support plan. The provider must develop an extended employment support plan with each individual in the extended employment program. Subp. 2. Requirements of extended employment support plan. The plan mus…

3300.6020 CASE RECORD DOCUMENTATION. Subpart 1. Case records. An extended employment provider must maintain a current confidential case record for each individual served in the extended employment program. The provider shall retain each case record for a minimum of three years af…

3300.6025 PROVIDER REPORTING REQUIREMENTS. Subpart 1. Individual data. A provider must submit data requested by the commissioner, including identification and contact information, eligibility information, demographic information, intake and exit information, and work record data …

3300.6030 REQUIREMENTS FOR EXTENDED EMPLOYMENT FUNDING. Subpart 1. Requirements for funding. To receive funding under the extended employment program, a community rehabilitation provider must: A. be a public or nonprofit entity registered with the Minnesota secretary of state; B.…

3300.6035 FUNDING. Subpart 1. Continuation funding. A. Each fiscal year, a provider who held a contract with the commissioner for extended employment funding in the previous fiscal year, and maintains compliance with the requirements for funding, is eligible for continuation of t…

3300.6040 CONTRACT ADJUSTMENTS. Subpart 1. Voluntary shifts. After the extended employment contract has been executed, a provider may request voluntary shifts in the distribution of the total allocation amount among the subprograms. Voluntary shifts may be made according to the p…

3300.6045 DISTRIBUTION OF AVAILABLE FUNDS. Subpart 1. Available funds. The commissioner must distribute funds that become available due to any of the following: A. a general increase in the state appropriation; B. the underproduction penalty process as described in part 3300.6040…

3300.6050 RATES. A. The unit of distribution of extended employment program funding is the payment for one work hour performed by an eligible individual and reported to the commissioner in the extended employment program. B. For each subprogram, the statewide uniform reimbursemen…

3300.6055 WITHDRAWAL OF FUNDS. Subpart 1. Criteria for withdrawal of allocated state funds. The commissioner must withdraw allocated state funds from a provider when: A. extended employment services are not being administered according to: (1) this chapter and Minnesota Statutes,…

3300.6060 PROVIDER COMPLIANCE AUDIT. Subpart 1. Compliance audit examinations conducted. A. After June 30 of each year, each provider must undergo a compliance audit for the previous fiscal year. The audit must be conducted according to the requirements of this subpart and the co…

3300.6065 PAY AND BENEFITS. A. An individual in the extended employment program who is self-employed must realize net income that is the equivalent or in excess of the hourly rate of pay required under the Minnesota Fair Labor Standards Act, Minnesota Statutes, chapter 177, and t…

3300.6070 APPEAL PROCEDURE. Subpart 1. Notice of intent to appeal. A community rehabilitation provider appealing commissioner decisions must provide a written notice of intent to appeal to the commissioner. The written notice of intent to appeal must be received by the commission…

3310.2901 SCOPE AND PURPOSE. Parts 3310.2901 to 3310.2924 establish procedures for hearings conducted by unemployment law judges following: A. appeals of all department determinations including determinations on benefit accounts, eligibility or ineligibility for unemployment bene…

3310.2902 DEFINITIONS. Subpart 1. Scope. For purposes of parts 3310.2901 to 3310.2924, the terms defined in this part have the meanings given them. Subp. 2. [Repealed, 39 SR 151] Subp. 3. [Repealed, 33 SR 999] Subp. 3a. Applicant. "Applicant" means an individual who has filed an …

3310.2905 NOTICE OF HEARING. Subpart 1. [Repealed, L 2004 c 206 s 53] Subp. 2. Notice. The chief unemployment law judge must send a notice of hearing, by mail or electronic transmission, to each party at least ten calendar days before the scheduled date of hearing unless notice i…

3310.2908 RESCHEDULING AND CONTINUANCES. Subpart 1. Rescheduling. Requests to reschedule a hearing must be addressed to the chief unemployment law judge in advance of the regularly scheduled hearing date. The request may be made in person, by telephone or other electronic transmi…

3310.2910 CONSOLIDATION OF ISSUES AND NEW ISSUES. Upon the request of a party or on the unemployment law judge's motion, the judge may consolidate for hearing issues involving the same parties. The unemployment law judge may take testimony and render a decision on issues not list…

3310.2911 INTERPRETERS. The chief unemployment law judge must provide an interpreter, when necessary, upon the request of a party. The requesting party must notify the chief unemployment law judge at least five calendar days before the date of the hearing that an interpreter is r…

3310.2912 EXHIBITS IN HEARINGS. Upon receipt of the notice of hearing, and no later than five calendar days before the scheduled date of hearing, parties may submit to the chief unemployment law judge, by electronic transmission or mail, any documents a party would like to offer …

3310.2913 ACCESS TO DATA. The parties to a hearing must be allowed reasonable access to department data necessary to represent themselves in the hearing. Access to data must be consistent with all laws relating to data practices. The data must be provided by the chief unemploymen…

3310.2914 SUBPOENAS AND DISCOVERY. Subpart 1. Subpoenas. The unemployment law judge may issue subpoenas to compel the attendance of witnesses, the production of documents or other exhibits, upon a showing of necessity by the requesting party. Requests for issuance of subpoenas mu…

3310.2915 DISQUALIFICATION OF UNEMPLOYMENT LAW JUDGE. An unemployment law judge must request to be removed from any case by the chief unemployment law judge where the judge believes that presiding over the case would create the appearance of impropriety. The chief unemployment la…

3310.2916 REPRESENTATION BEFORE UNEMPLOYMENT LAW JUDGE. In a hearing before an unemployment law judge, a party may be self-represented or represented by an attorney or an authorized representative. Except for an attorney-at-law, no person may charge an applicant a fee of any kind…

3310.2917 PUBLIC ACCESS TO HEARINGS AND RECORDING OF HEARINGS. Subpart 1. Public access not permitted. Hearings are not public. Only parties, their representatives and witnesses, and authorized department personnel are permitted to participate in or listen to hearings. If any oth…

3310.2920 ADMINISTRATION OF OATH OR AFFIRMATION. An unemployment law judge has authority to administer oaths and affirmations. Before testifying, every witness is required to declare to testify truthfully, by oath or affirmation. Minnesota Statutes, sections 358.07 and 358.08, pr…

3310.2921 CONDUCT OF HEARING. The chief unemployment law judge has discretion regarding the method by which the hearing is conducted. The hearing must be conducted by an unemployment law judge as an evidence-gathering inquiry, without regard to a burden of proof. The order of pre…

3310.2922 RECEIPT OF EVIDENCE. Only evidence received into the record of any hearing may be considered by the unemployment law judge. The parties may stipulate to the existence of any fact or the authenticity of any exhibit. All competent, relevant, and material evidence, includi…

3310.2923 OFFICIAL NOTICE. An unemployment law judge may take official notice of matters of common knowledge and may take notice of facts within the judge's specialized knowledge in the field of unemployment insurance. The unemployment law judge must state on the record any fact …

3310.2924 EX PARTE COMMUNICATIONS. Private communication between an unemployment law judge assigned to conduct the hearing and one of the parties, in the absence of the other party, is forbidden if it relates to the substance of the matter at issue. Private communication is to be…

3315.0300 [Renumbered 3315.0211] Published Electronically: July 31, 2007

3315.0400 [Renumbered 3315.0213] Published Electronically: July 31, 2007

3315.0500 [Renumbered 3315.0212] Published Electronically: July 31, 2007

3315.0501 DEFINITIONS. Subpart 1. Scope. For the purpose of parts 3315.0501 to 3315.0555 the following terms have the meaning given to them. Subp. 2. Control. "Control" is the power to instruct, direct, or regulate the activities of an individual whether or not the power is exerc…

3315.0555 DETERMINING WORKER STATUS. Subpart 1. Factors. When determining whether an individual is an employee or an independent contractor, five factors must be considered and weighed within a particular set of circumstances. The five factors to be considered are: A. the right o…

3315.0600 [Renumbered 3315.0220] Published Electronically: July 31, 2007

3315.0700 [Renumbered 3315.0501] Published Electronically: July 31, 2007

3315.0800 [Renumbered 3315.0555, subpart 5] Published Electronically: July 31, 2007

3315.0900 [Renumbered 3315.0555, subpart 4] Published Electronically: July 31, 2007

3315.1001 SCOPE. Parts 3315.1001 and 3315.1010 clarify an employer's duty with regard to records as required under Minnesota Statutes, section 268.186. Statutory Authority: MS s 14.386; 14.388; 116J.035; 268.021; 268.105 History: 13 SR 1057; 31 SR 285; 33 SR 999; 39 SR 151 Publis…

3315.1010 RECORDS. Subpart 1. Record keeping. Each employer must establish, maintain, and preserve records with respect to individuals performing services for it. The records must be preserved for a period of not less than four years in addition to the current calendar year. The …

3315.1200 [Renumbered 3315.0555, subpart 1] Published Electronically: July 31, 2007

3315.1300 [Renumbered 3315.0515] Published Electronically: July 31, 2007

3315.1400 [Renumbered 3315.0510] Published Electronically: July 31, 2007

3315.1500 [Renumbered 3315.0520] Published Electronically: July 31, 2007

3315.1600 [Renumbered 3315.0545] Published Electronically: July 31, 2007