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denial of a family 'Pay care license and • _ teria established by rules adopted underisection115.0412, subdivisionnse according tocri5. The commissioner may grant variances immediately upon the effective date of and in accordance with the rules. History: 1976 c 243 s 6; 1978 c 674 s 60 245.802 .RULES; REGULATIONS. Subdivision I. The commissioner shall develop and promulgate rules and regulations pursuant to chapter 15 for the operation and maintenance of day care and residential.facilities and agencies, and for granting, suspending, revoking, and making licenses probationary. In developing rules and regulations, he shall consult with: (1) Other appropriate state agencies including, but not limited to, the state commissioner of health, the state board of education, and the fire marshal. Any agency consulted is directed to cooperate with and assist the commissioner in developing appropriate rules and regulations for the I icensing of day care and residential facilities and agencies; (2) Persons and -the relatives of the persons who use the. service; (3) Advocacy groups; (4) Representatives of those who operate day care or residential faci— lities or agencies; (5) Experts in relevant professional fields. Rules promulgated under this section establishing the -maximum number of children permitted to reside in group foster homes shall require that children in -the -group foster parents' natural family be counted in the number of children actually residing in the group foster home, and the application of the rules providing the maximum number and manner of counting residents shall not be waived. Subd. 2. The commissioner shall conduct a comprehensive,review of the rules and regulations promulgated under Laws 1976, Chapter 243, Section 2 to 14 at least once every five gears. History: 1976 c 243 s 7; 1977 c 305 s 45; 1980 c 618 s 18 Minn. Laws, 1981, ch. 360 Subd. 3. A residential facility t}at is federaly certified as an intermediate care facility serving adult mentally ill persons on the effec— tive date of this section shall not be denied a program license on the basis of any rule that requires physical plant specifications regarding the alteration of a certain number of beds and a certain number or size of living areas per treatment unit aIii::h would require the facility to alter its total number of beds. 245.803 VIOLATIONS; PENALTIES. Subdivision 1. The operation of a day care or residential facility or agency required to be licensed under Laws 1976, Chapter 243, Sections 2 to 14 without a license is a misdemeanor punishable by a fine of not more than $300. The commissioner may seek an injunction in the district court against the continuing operation of a day care or residential facility or agency: