HF 3609

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to human services; making changes to background study provisions;
amending Minnesota Statutes 2005 Supplement, section 245C.24, subdivision 2.

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

Section 1.

Minnesota Statutes 2005 Supplement, section 245C.24, subdivision 2, is
amended to read:

Subd. 2.

Permanent bar to set aside a disqualification.

new text begin (a) Except as provided in
paragraph (b), new text end 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.

new text begin (b) For an individual 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, 2005,
the commissioner must consider granting a subsequent set aside for the same or different
license holder based on the evaluation under section 245A.22, subdivision 4. 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.
new text end