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0 the commissioner of whether the application shall be denied or granted either for a license or a provisional license.. The commissioner shall not be bound by the recommendation of the hearing examiner. The final decision of the commissioner shall be sent to the applicant by certified mail, and shall inform the applicant of his rights under chapter 15. . Subd. 2. Failure of the commissioner to approve or deny an application within 90 days of receipt of a completed application shall be deemed to be an approval of license. Subd. 3. The commissioner may suspend, revoke, or make probationary a license if an operator fails to comply with applicable laws or the rules and regulations of the commissioner. Subd. 4. An operator whose 'license the commissioner proposes to suspend, revoke, or make probationary shall be given notice by certified mail addressed to the location shown on the license. The notice shall con- tain a statement of, and the reasons for, the proposed action and shall inform the operator of his right to appeal the decision to the commissioner, in writing, within ten days after receipt of the notice of the proposed action. Upon receiving a timely written appeal, the commissioner shall give the operator reasonable notice and an opportunity -for a prompt hearing before an impartial hearing examiner. 'it, hearing examiner.shall make a recommendation to the commissioner as to whether the license shall be suspended, revoked, or made probationary. However,, if the commissioner finds that the health, safety or rights of the persons served by the facility or agency are in imminent danger, he shall order the immediate suspension of the license. The operator shall be given written notice of the order by per- sonal service. The notice shall contain a statement of the reasons for the suspension and shall inform the operator of his right to petition the com- missioner for reconsideration of the order. The petition shall be in writing and shall be made within five days after.the personal service of the order. Upon receiving a timely written petition, the commissioner shall give the operator reasonable notice and an opportunity fora prompt hearing. before an impartial hearing examiner with respect to the order of suspension of the license. The hearing examiner shall make a recommendation to the commissioner as to whether the order of suspension should be affirmed or reversed. The commissioner shall not be bound by the recommendation of the hearing examiner. The final decision of the commissioner shall be served on the operator by personal service, and shall inform the applicant of his rights under chapter 15. Subd. 5. At any hearing provided for by Laws 1976, Chapter 243, the applicant or operator may be represented by counsel and has the right to call, examine, and cross-examine witnesses. The hearing examiner is empowered to require the presence of witnesses and evidence by subpoena on the behalf of any ;arty. Each decision of a hearing examiner shall be in writing, shall contain findings of fact and conclusions, and shall be mailed. to the parties by certified mail to their last known addresses as shown in the application. Minn. Laws, 1981, ch. 264 Subd. 6. An operator whose license has been revoked or not renewed because of noncompliance with applicable laws, or rules and regulations may not be granted a new license for five years following the revocation or denial of renewal except that the commissioner may grant a variance to this provison for family day care after two years following the revocation or - 5-