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O <br />(2) Day care or residential care provided for a cumulative total of <br />less than 30 days in any 12 month period; <br />(3) Day care provided for persons from a single unrelated family for <br />any length of time; <br />(4) A home caring for a person placed there by a licensed agency for <br />legal adoption, unless the adoption is not completed within two years after <br />placement; <br />(5) A licensed hospital whose psychiatric or chemical dependency <br />program is located within the hospital. <br />(6) A nursing home, hospital, or boarding care home, licensed by the <br />state commissioner of health, except that an identifiable unit of such a <br />facility which regularly -provides care for more than five handicapped <br />persons mnsf be 'licensed under sections 245.781 to 245.813; <br />(7) A day care or residential facility serving fewer than five physi- <br />cally or mentally handicapped adults; <br />(8) A day care or residential program serving any number of nonhan- <br />dicapped adults; <br />(9) A sheltered workshop day program, certified by the state board of <br />education; <br />(10) A work activity day program, certified by the state board of <br />education.; <br />(11) A work -wage home providing care for one nonrelated child who has <br />reached his sixteenth birthday and who has been independently placed for <br />purposes of education or employment; <br />(12) A school under the general supervision of the commissioner of edu- <br />cation or a local education agency; <br />(13) A residential or day care facility under the direct control and <br />supervision of a local education agency or a state agency other than the. <br />commissioner; <br />(14) Day care provided for periods of no more than three hours per day <br />for any person while his relatives are in the same building, or can be per-. <br />sent in the same building within 30 minutes; <br />(15) Facilities which in the judgment of the commissioner of education <br />are operated for the primary purpose of educating children shall be exempt <br />from these rules and regulations except insofar as the regulations affect <br />the health and safety of the children therein. The classrooms shall meet <br />the applicable standards of the commissioner of public safety and state com- <br />missioner of health. <br />History: 1976 c 243 s 5; 1977 c 25 s 1; 1977 c 305 s 45 <br />245.80 [Repealed, 1976 c 243 s 15] <br />245.801 -REVOCATION OF LICENSE; DFMAL. <br />Subdivision 1. An applicant who has been denied a license by the <br />department shall. be given prompt written notice thereof, by certified mail <br />to the addrP:;s shown in the application. The notice shall contain a state- <br />ment of the reasons for the denial and shall inform the applicant of his <br />right to appeal the decision to the commissioner. Written notice of appeal <br />must be mailed within 20 days after receipt of the notice of denial. Upon <br />receiving a timely written appeal, the commissioner shall give the applicant <br />reasonable notice and an opportunity for a prompt hearing before an impar- <br />tial hearing examiner.. The hearing examiner shall make a recommendation to <br />-4- <br />