HF 494

as introduced - 88th Legislature (2013 - 2014) Posted on 02/11/2013 02:21pm

A bill for an act
relating to human services; modifying set aside considerations; amending
Minnesota Statutes 2012, section 245C.22, subdivision 4.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2012, section 245C.22, subdivision 4, is amended to read:

Subd. 4.

Risk of harm; set aside.

(a) The commissioner may set aside the
disqualification if the commissioner finds that the individual has submitted sufficient
information to demonstrate that the individual does not pose a risk of harm to any person
served by the applicant, license holder, or other entities as provided in this chapter.

(b) In determining whether the individual has met the burden of proof by
demonstrating the individual does not pose a risk of harm, the commissioner shall consider:

(1) the nature, severity, and consequences of the event or events that led to the
disqualification;

(2) whether there is more than one disqualifying event;

(3) the age and vulnerability of the victim at the time of the event;

(4) the harm suffered by the victim;

(5) vulnerability of persons served by the program;

(6) the similarity between the victim and persons served by the program;

(7) the time elapsed without a repeat of the same or similar event;

(8) documentation of successful completion by the individual studied of training or
rehabilitation pertinent to the event; deleted text begin and
deleted text end

new text begin (9) recommendations of a current or past employer in a similar program or agency;
and
new text end

deleted text begin (9) deleted text end new text begin (10) new text end any other information relevant to reconsideration.

(c) If the individual requested reconsideration on the basis that the information
relied upon to disqualify the individual was incorrect or inaccurate and the commissioner
determines that the information relied upon to disqualify the individual is correct, the
commissioner must also determine if the individual poses a risk of harm to persons
receiving services in accordance with paragraph (b).