The action taken by the Department of Human Services in determining that the state would not approve retroactive benefits is an administrative rule. The Department did not follow the statutory rule making procedures in making that decision and it is therefore unenforceable. The Order of the Commissioner of Human Services denying retroactive benefits to the appellants herein is rescinded. The matter is remanded for further proceedings consistent with this opinion. The attached Memorandum is incorporated and made a part of this order.
Appellants have the burden of proof.
City of Moorhead v. Minnesota Pub. The effective date of the Adoption Assistance Agreement resulting from an affirmative fair hearing will be the date upon which the written appeal was received in the Appeals Division. The date of receipt is a consistent determinant with all appeals heard by the Department. The Department has no statutory authority to pay retroactive monthly adoption assistance even though the U.S. Department of Health and Human Services agrees to participate in paying for retroactive benefits. Without a valid preadoptive agreement, the Department has no other authority to pay adoption assistance.