2006 Minnesota Statutes

245C.14 DISQUALIFICATION.
    Subdivision 1. Disqualification from direct contact. (a) The commissioner shall disqualify
an individual who is the subject of a background study from any position allowing direct contact
with persons receiving services from the license holder or entity identified in section 245C.03,
upon receipt of information showing, or when a background study completed under this chapter
shows any of the following:
(1) a conviction of or admission to one or more crimes listed in section 245C.15, regardless of
whether the conviction or admission is a felony, gross misdemeanor, or misdemeanor level crime;
(2) a preponderance of the evidence indicates the individual has committed an act or acts
that meet the definition of any of the crimes listed in section 245C.15, regardless of whether the
preponderance of the evidence is for a felony, gross misdemeanor, or misdemeanor level crime; or
(3) an investigation results in an administrative determination listed under section 245C.15,
subdivision 4 , paragraph (b).
(b) No individual who is disqualified following a background study under section 245C.03,
subdivisions 1 and 2 , may be retained in a position involving direct contact with persons served
by a program or entity identified in section 245C.03, unless the commissioner has provided
written notice under section 245C.17 stating that:
(1) the individual may remain in direct contact during the period in which the individual may
request reconsideration as provided in section 245C.21, subdivision 2;
(2) the commissioner has set aside the individual's disqualification for that program or entity
identified in section 245C.03, as provided in section 245C.22, subdivision 4; or
(3) the license holder has been granted a variance for the disqualified individual under
section 245C.30.
    Subd. 2. Disqualification from access. (a) If an individual who is studied under section
245C.03, subdivision 1, clauses (2), (5), and (6), is disqualified from direct contact under
subdivision 1, the commissioner shall also disqualify the individual from access to a person
receiving services from the license holder.
(b) No individual who is disqualified following a background study under section 245C.03,
subdivision 1 , clauses (2), (5), and (6), or as provided elsewhere in statute who is disqualified
as a result of this section, may be allowed access to persons served by the program unless the
commissioner has provided written notice under section 245C.17 stating that:
(1) the individual may remain in direct contact during the period in which the individual may
request reconsideration as provided in section 245C.21, subdivision 2;
(2) the commissioner has set aside the individual's disqualification for that licensed program
or entity identified in section 245C.03 as provided in section 245C.22, subdivision 4; or
(3) the license holder has been granted a variance for the disqualified individual under
section 245C.30.
History: 2003 c 15 art 1 s 14; 2004 c 288 art 1 s 50