HF 3403

1st Engrossment - 92nd Legislature (2021 - 2022) Posted on 03/31/2022 03:45pm

A bill for an act
relating to professional licensing; establishing a preliminary application procedure
for individuals seeking professional licenses; permitting licensing boards to charge
application fees; authorizing appeals; requiring reports; proposing coding for new
law in Minnesota Statutes, chapter 214.

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

Section 1.

new text begin [214.035] LICENSING DISQUALIFICATIONS; PRELIMINARY
APPLICATIONS; REPORTS.
new text end

new text begin Subdivision 1. new text end

new text begin Definition. new text end

new text begin As used in this section, "state licensor" or "licensor" means
any state agency or examining and licensing board, including each health-related licensing
board and non-health-related licensing board, that issues occupational or professional
licenses, registrations, or certificates.
new text end

new text begin Subd. 2. new text end

new text begin Preliminary applications. new text end

new text begin (a) Notwithstanding any law to the contrary, all
state licensors shall permit a person to submit a preliminary application for a determination
pursuant to this section as to whether a criminal conviction or any other record of alleged
misconduct that may be considered by the state licensor under state law would make the
person ineligible to receive an occupational or professional license, registration, or certificate
issued by the state licensor.
new text end

new text begin (b) An applicant shall submit a preliminary application and any other supporting
documents to the appropriate state licensor in a form and manner approved by the licensor.
The state licensor may require that the applicant provide a copy of the applicant's criminal
record or complete a background check or background study if required by statute in the
form and manner approved by the licensor to obtain a professional or occupational license,
registration, or certificate from the licensor.
new text end

new text begin (c) A state licensor may charge a fee to cover any expenses incurred in connection with
processing a preliminary application, provided the fee does not exceed the actual cost to
the state licensor of processing the application or the initial fee for the applicable license,
registration, or certificate. If the applicant subsequently applies for the license, registration,
or certificate, the amount of the preliminary application fee paid by the applicant must be
credited toward the applicant's initial fee for the license, registration, or certificate. An
applicant may request a waiver of this fee. A fee collected under this paragraph for the
expenses incurred by the state licensor shall be deposited in the fund in the state treasury
in which the state licensor deposits fees collected for issuing occupational or professional
licenses, registrations, or certificates. If the state licensor does not collect a fee for issuing
occupational or professional licenses, registrations, or certificates, any fee collected under
this paragraph shall be deposited pursuant to section 214.06, subdivision 1.
new text end

new text begin (d) Upon receipt of a completed preliminary application and any necessary supporting
documents, the state licensor must determine under state law whether a criminal conviction
or other record of alleged misconduct that may be considered under state law would make
the applicant ineligible to receive a professional or occupational license, registration, or
certificate from the licensor. The state licensor must issue a written decision within 60 days
of receiving a completed preliminary application. If the state licensor determines that a
criminal conviction or other record of alleged misconduct would make the applicant ineligible
to receive a professional or occupational license, registration, or certificate, the written
decision must:
new text end

new text begin (1) state all reasons the professional or occupational license, registration, or certificate
would be denied, including the standard used to make the decision;
new text end

new text begin (2) notify the applicant of the right to appeal the decision or seek reconsideration of the
results of a background check or background study, if applicable; and
new text end

new text begin (3) inform the applicant of any action or additional steps the applicant could take to
qualify for a professional or occupational license, registration, or certificate.
new text end

new text begin (e) If a state licensor determines that no criminal convictions or other records of alleged
misconduct would make the applicant ineligible to receive a professional or occupational
license, registration, or certificate, that decision is binding on the licensor unless the applicant:
new text end

new text begin (1) is convicted of a crime or commits any other disqualifying act that may be considered
by the state licensor under state law after submission of the preliminary application;
new text end

new text begin (2) provided incomplete information in the preliminary application; or
new text end

new text begin (3) provided inaccurate or fraudulent information in the preliminary application.
new text end

new text begin Subd. 3. new text end

new text begin Reports. new text end

new text begin (a) By January 15 of each year, every state licensor shall report to the
Department of Employment and Economic Development on:
new text end

new text begin (1) the number of individuals who applied for a professional or occupational license,
registration, or certificate from the licensor;
new text end

new text begin (2) the number of individuals described in clause (1) who were found to be ineligible
due to a criminal conviction or other record of alleged misconduct;
new text end

new text begin (3) the number of individuals who submitted a preliminary application under this section;
and
new text end

new text begin (4) the number of individuals described in clause (3) who were found to be ineligible
due to a criminal conviction or other record of alleged misconduct.
new text end

new text begin (b) On or before February 15 of each year, the commissioner of employment and
economic development shall compile the reports received under paragraph (a) and provide
the compiled reports to the chairs and ranking minority members of the house of
representatives and senate committees and divisions with jurisdiction over employment.
The commissioner of employment and economic development must make the report readily
available on the department's public website.
new text end