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HF 2332

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to human services; modifying the permanent bar to set aside a
disqualification; amending Minnesota Statutes 2006, section 245C.24,
subdivision 2.

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

Section 1.

Minnesota Statutes 2006, section 245C.24, subdivision 2, is amended to read:


Subd. 2.

Permanent bar to set aside a disqualification.

(a) Except as provided in
paragraph (b), the commissioner may not set aside the disqualification of any individual
disqualified pursuant to this chapter, regardless of how much time has passed, if the
individual was disqualified for a crime or conduct listed in section 245C.15, subdivision 1.

(b) For an individualnew text begin : (1)new text end in the chemical dependency field who was disqualified for
a crime or conduct listed under section 245C.15, subdivision 1, and whose disqualification
was set aside prior to July 1, 2005new text begin ; or (2) who is disqualified due to the involuntary
termination of the individual's parental rights under section 260C.301
new text end , the commissioner
must consider granting a variance pursuant to section 245C.30 for the license holder for
a program dealing primarily with adults. A request for reconsideration evaluated under
this paragraph must include a letter of recommendation from the license holder that was
subject to the prior set-aside decision addressing the individual's quality of care to children
or vulnerable adults and the circumstances of the individual's departure from that service.