1.1 	A bill for an act
1.2 	relating to human services; making changes to
1.3 	licensing provisions; amending Minnesota Statutes
1.4 	2004, sections 13.46, subdivision 4; 245A.02,
1.5 	subdivision 17; 245A.03, subdivisions 2, 3; 245A.04,
1.6 	subdivisions 7, 13; 245A.07, subdivisions 1, 3;
1.7 	245A.08, subdivisions 2a, 5; 245A.14, by adding
1.8 	subdivisions; 245A.144; 245A.16, subdivision 4;
1.9 	245A.18; 245B.02, subdivision 10; 245B.055,
1.10 	subdivision 7; 245B.07, subdivision 8; 245C.03,
1.11 	subdivision 1; 245C.07; 245C.08, subdivisions 1, 2;
1.12 	245C.15, subdivisions 1, 2, 3, 4; 245C.17, subdivision
1.13 	2; 245C.21, subdivision 2; 245C.22, subdivisions 3, 4;
1.14 	245C.24, subdivisions 2, 3; 245C.27, subdivision 1;
1.15 	245C.28, subdivision 3; 626.556, subdivision 10i;
1.16 	626.557, subdivision 9d.
1.17 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.18 	Section 1. Minnesota Statutes 2004, section 13.46,
1.19 	subdivision 4, is amended to read:
1.20 		Subd. 4.Licensing data.  (a) As used in this subdivision:
1.21 	(1) "licensing data" means all data collected, maintained,
1.22 	used, or disseminated by the welfare system pertaining to
1.23 	persons licensed or registered or who apply for licensure or
1.24 	registration or who formerly were licensed or registered under
1.25 	the authority of the commissioner of human services;
1.26 	(2) "client" means a person who is receiving services from
1.27 	a licensee or from an applicant for licensure; and
1.28 	(3) "personal and personal financial data" means Social
1.29 	Security numbers, identity of and letters of reference,
1.30 	insurance information, reports from the Bureau of Criminal
1.31 	Apprehension, health examination reports, and social/home
2.1 	studies.
2.2 	(b)(1) Except as provided in paragraph (c), the following
2.3 	data on current and former licensees are public:  name, address,
2.4 	telephone number of licensees, date of receipt of a completed
2.5 	application, dates of licensure, licensed capacity, type of
2.6 	client preferred, variances granted, type of dwelling, name and
2.7 	relationship of other family members, previous license history,
2.8 	class of license, and the existence and status of complaints.
2.9 	When a correction order or fine has been issued, a license is
2.10 	suspended, immediately suspended, revoked, denied, or made
2.11 	conditional, or a complaint is resolved, the following data on
2.12 	current and former licensees are public:  the substance and
2.13 	investigative findings of the complaint, licensing violation, or
2.14 	substantiated maltreatment; the record of informal resolution of
2.15 	a licensing violation; orders of hearing; findings of fact;
2.16 	conclusions of law; specifications of the final correction
2.17 	order, fine, suspension, immediate suspension, revocation,
2.18 	denial, or conditional license contained in the record of
2.19 	licensing action; and the status of any appeal of these
2.20 	actions.  When an individual licensee is a substantiated
2.21 	perpetrator of maltreatment, and the substantiated maltreatment
2.22 	is a reason for the licensing action, the identity of the
2.23 	licensee as a perpetrator is public data.  For purposes of this
2.24 	clause, a person is a substantiated perpetrator if the
2.25 	maltreatment determination has been upheld under section
2.26 	626.556, subdivision 10i, 626.557, subdivision 9d, or 256.045,
2.27 	or an individual or facility has not timely exercised appeal
2.28 	rights under these sections.
2.29 	(2) For applicants who withdraw their application prior to
2.30 	licensure or denial of a license, the following data are
2.31 	public:  the name of the applicant, the city and county in which
2.32 	the applicant was seeking licensure, the dates of the
2.33 	commissioner's receipt of the initial application and completed
2.34 	application, the type of license sought, and the date of
2.35 	withdrawal of the application.
2.36 	(3) For applicants who are denied a license, the following
3.1 	data are public:  the name of the applicant, the city and county
3.2 	in which the applicant was seeking licensure, the dates of the
3.3 	commissioner's receipt of the initial application and completed
3.4 	application, the type of license sought, the date of denial of
3.5 	the application, the nature of the basis for the denial, and the
3.6 	status of any appeal of the denial.
3.7 	(4) The following data on persons subject to
3.8 	disqualification under section 245C.14 in connection with a
3.9 	license to provide family day care for children, child care
3.10 	center services, foster care for children in the provider's
3.11 	home, or foster care or day care services for adults in the
3.12 	provider's home, are public:  the nature of any disqualification
3.13 	set aside under section 245C.22, subdivisions 2 and 4, and the
3.14 	reasons for setting aside the disqualification; and the reasons
3.15 	for granting any variance under section 245A.04, subdivision 9.
3.16 	(5) When maltreatment is substantiated under section
3.17 	626.556 or 626.557 and the victim and the substantiated
3.18 	perpetrator are affiliated with a program licensed under chapter
3.19 	245A, the commissioner of human services, local social services
3.20 	agency, or county welfare agency may inform the license holder
3.21 	where the maltreatment occurred of the identity of the
3.22 	substantiated perpetrator and the victim.
3.23 	(c) The following are private data on individuals under
3.24 	section 13.02, subdivision 12, or nonpublic data under section
3.25 	13.02, subdivision 9:  personal and personal financial data on
3.26 	family day care program and family foster care program
3.27 	applicants and licensees and their family members who provide
3.28 	services under the license.
3.29 	(d) The following are private data on individuals:  the
3.30 	identity of persons who have made reports concerning licensees
3.31 	or applicants that appear in inactive investigative data, and
3.32 	the records of clients or employees of the licensee or applicant
3.33 	for licensure whose records are received by the licensing agency
3.34 	for purposes of review or in anticipation of a contested
3.35 	matter.  The names of reporters under sections 626.556 and
3.36 	626.557 may be disclosed only as provided in section 626.556,
4.1 	subdivision 11, or 626.557, subdivision 12b.
4.2 	(e) Data classified as private, confidential, nonpublic, or
4.3 	protected nonpublic under this subdivision become public data if
4.4 	submitted to a court or administrative law judge as part of a
4.5 	disciplinary proceeding in which there is a public hearing
4.6 	concerning a license which has been suspended, immediately
4.7 	suspended, revoked, or denied.
4.8 	(f) Data generated in the course of licensing
4.9 	investigations that relate to an alleged violation of law are
4.10 	investigative data under subdivision 3.
4.11 	(g) Data that are not public data collected, maintained,
4.12 	used, or disseminated under this subdivision that relate to or
4.13 	are derived from a report as defined in section 626.556,
4.14 	subdivision 2, or 626.5572, subdivision 18, are subject to the
4.15 	destruction provisions of sections 626.556, subdivision 11c, and
4.16 	626.557, subdivision 12b.
4.17 	(h) Upon request, not public data collected, maintained,
4.18 	used, or disseminated under this subdivision that relate to or
4.19 	are derived from a report of substantiated maltreatment as
4.20 	defined in section 626.556 or 626.557 may be exchanged with the
4.21 	Department of Health for purposes of completing background
4.22 	studies pursuant to section 144.057 and with the Department of
4.23 	Corrections for purposes of completing background studies
4.24 	pursuant to section 241.021.
4.25 	(i) Data on individuals collected according to licensing
4.26 	activities under chapters 245A and 245C, and data on individuals
4.27 	collected by the commissioner of human services according to
4.28 	maltreatment investigations under sections 626.556 and 626.557,
4.29 	may be shared with the Department of Human Rights, the
4.30 	Department of Health, the Department of Corrections, the
4.31 	Ombudsman for Mental Health and Retardation, and the
4.32 	individual's professional regulatory board when there is reason
4.33 	to believe that laws or standards under the jurisdiction of
4.34 	those agencies may have been violated.
4.35 	(j) In addition to the notice of determinations required
4.36 	under section 626.556, subdivision 10f, if the commissioner or
5.1 	the local social services agency has determined that an
5.2 	individual is a substantiated perpetrator of maltreatment of a
5.3 	child based on sexual abuse, as defined in section 626.556,
5.4 	subdivision 2, and the commissioner or local social services
5.5 	agency knows that the individual is a person responsible for a
5.6 	child's care in another facility, the commissioner or local
5.7 	social services agency shall notify the head of that facility of
5.8 	this determination.  The notification must include an
5.9 	explanation of the individual's available appeal rights and the
5.10 	status of any appeal.  If a notice is given under this
5.11 	paragraph, the government entity making the notification shall
5.12 	provide a copy of the notice to the individual who is the
5.13 	subject of the notice.
5.14 	(k) All not public data collected, maintained, used, or
5.15 	disseminated under this subdivision and subdivision 3 may be
5.16 	exchanged between the Department of Human Services, Licensing
5.17 	Division, and the Department of Corrections for purposes of
5.18 	regulating services for which the Department of Human Services
5.19 	and the Department of Corrections have regulatory authority.

5.20 	Sec. 2. Minnesota Statutes 2004, section 245A.02,
5.21 	subdivision 17, is amended to read:
5.22 		Subd. 17.School age child care program.  "School age
5.23 	child care program" means a program licensed or required to be
5.24 	licensed as a child care center, serving more than ten children
5.25 	with the primary purpose of providing child care for school age
5.26 	children. School age child care program does not include
5.27 	programs such as scouting, boys clubs, girls clubs, nor sports
5.28 	or art programs.

5.29 	Sec. 3. Minnesota Statutes 2004, section 245A.03,
5.30 	subdivision 2, is amended to read:
5.31 		Subd. 2.Exclusion from licensure.  (a) This chapter does
5.32 	not apply to:
5.33 	(1) residential or nonresidential programs that are
5.34 	provided to a person by an individual who is related unless the
5.35 	residential program is a child foster care placement made by a
5.36 	local social services agency or a licensed child-placing agency,
6.1 	except as provided in subdivision 2a;
6.2 	(2) nonresidential programs that are provided by an
6.3 	unrelated individual to persons from a single related family;
6.4 	(3) residential or nonresidential programs that are
6.5 	provided to adults who do not abuse chemicals or who do not have
6.6 	a chemical dependency, a mental illness, mental retardation or a
6.7 	related condition, a functional impairment, or a physical
6.8 	handicap;
6.9 	(4) sheltered workshops or work activity programs that are
6.10 	certified by the commissioner of economic security;
6.11 	(5) programs operated by a public school for children 33
6.12 	months or older;
6.13 	(6) nonresidential programs primarily for children that
6.14 	provide care or supervision for periods of less than three hours
6.15 	a day while the child's parent or legal guardian is in the same
6.16 	building as the nonresidential program or present within another
6.17 	building that is directly contiguous to the building in which
6.18 	the nonresidential program is located;
6.19 	(7) nursing homes or hospitals licensed by the commissioner
6.20 	of health except as specified under section 245A.02;
6.21 	(8) board and lodge facilities licensed by the commissioner
6.22 	of health that provide services for five or more persons whose
6.23 	primary diagnosis is mental illness that do not provide
6.24 	intensive residential treatment;
6.25 	(9) homes providing programs for persons placed there by a
6.26 	licensed agency for legal adoption, unless the adoption is not
6.27 	completed within two years;
6.28 	(10) programs licensed by the commissioner of corrections;
6.29 	(11) recreation programs for children or adults that are
6.30 	operated or approved by a park and recreation board whose
6.31 	primary purpose is to provide social and recreational
6.32 	activities;
6.33 	(12) programs operated by a school as defined in section
6.34 	120A.22, subdivision 4, whose primary purpose is to provide
6.35 	child care to school-age children;
6.36 	(13) Head Start nonresidential programs which operate for
7.1 	less than 31 45 days in each calendar year;
7.2 	(14) noncertified boarding care homes unless they provide
7.3 	services for five or more persons whose primary diagnosis is
7.4 	mental illness or mental retardation;
7.5 	(15) programs for children such as scouting, boys clubs,
7.6 	girls clubs, and sports and art programs, and nonresidential
7.7 	programs for children provided for a cumulative total of less
7.8 	than 30 days in any 12-month period;
7.9 	(16) residential programs for persons with mental illness,
7.10 	that are located in hospitals;
7.11 	(17) the religious instruction of school-age children;
7.12 	Sabbath or Sunday schools; or the congregate care of children by
7.13 	a church, congregation, or religious society during the period
7.14 	used by the church, congregation, or religious society for its
7.15 	regular worship;
7.16 	(18) camps licensed by the commissioner of health under
7.17 	Minnesota Rules, chapter 4630;
7.18 	(19) mental health outpatient services for adults with
7.19 	mental illness or children with emotional disturbance;
7.20 	(20) residential programs serving school-age children whose
7.21 	sole purpose is cultural or educational exchange, until the
7.22 	commissioner adopts appropriate rules;
7.23 	(21) unrelated individuals who provide out-of-home respite
7.24 	care services to persons with mental retardation or related
7.25 	conditions from a single related family for no more than 90 days
7.26 	in a 12-month period and the respite care services are for the
7.27 	temporary relief of the person's family or legal representative;
7.28 	(22) respite care services provided as a home and
7.29 	community-based service to a person with mental retardation or a
7.30 	related condition, in the person's primary residence;
7.31 	(23) community support services programs as defined in
7.32 	section 245.462, subdivision 6, and family community support
7.33 	services as defined in section 245.4871, subdivision 17;
7.34 	(24) the placement of a child by a birth parent or legal
7.35 	guardian in a preadoptive home for purposes of adoption as
7.36 	authorized by section 259.47;
8.1 	(25) settings registered under chapter 144D which provide
8.2 	home care services licensed by the commissioner of health to
8.3 	fewer than seven adults; or
8.4 	(26) consumer-directed community support service funded
8.5 	under the Medicaid waiver for persons with mental retardation
8.6 	and related conditions when the individual who provided the
8.7 	service is:
8.8 	(i) the same individual who is the direct payee of these
8.9 	specific waiver funds or paid by a fiscal agent, fiscal
8.10 	intermediary, or employer of record; and
8.11 	(ii) not otherwise under the control of a residential or
8.12 	nonresidential program that is required to be licensed under
8.13 	this chapter when providing the service.
8.14 	(b) For purposes of paragraph (a), clause (6), a building
8.15 	is directly contiguous to a building in which a nonresidential
8.16 	program is located if it shares a common wall with the building
8.17 	in which the nonresidential program is located or is attached to
8.18 	that building by skyway, tunnel, atrium, or common roof.
8.19 	(c) Nothing in this chapter shall be construed to require
8.20 	licensure for any services provided and funded according to an
8.21 	approved federal waiver plan where licensure is specifically
8.22 	identified as not being a condition for the services and funding.

8.23 	Sec. 4. Minnesota Statutes 2004, section 245A.03,
8.24 	subdivision 3, is amended to read:
8.25 		Subd. 3.Unlicensed programs.  (a) It is a misdemeanor
8.26 	for an individual, corporation, partnership, voluntary
8.27 	association, other organization, or a controlling individual to
8.28 	provide a residential or nonresidential program without a
8.29 	license and in willful disregard of this chapter unless the
8.30 	program is excluded from licensure under subdivision 2.
8.31 	(b) The commissioner may ask the appropriate county
8.32 	attorney or the attorney general to begin proceedings to secure
8.33 	a court order against the continued operation of the program, if
8.34 	an individual, corporation, partnership, voluntary association,
8.35 	other organization, or controlling individual has:
8.36 	(1) failed to apply for a license after receiving notice
9.1 	that a license is required or continues to operate without a
9.2 	license after receiving notice that a license is required;
9.3 	(2) continued to operate without a license after the
9.4 	license has been revoked or suspended under section 245A.07, and
9.5 	the commissioner has issued a final order affirming the
9.6 	revocation or suspension, or the license holder did not timely
9.7 	appeal the sanction; or
9.8 	(3) continued to operate without a license after the
9.9 	license has been temporarily suspended under section 245A.07.
9.10 	The county attorney and the attorney general have a duty to
9.11 	cooperate with the commissioner.

9.12 	Sec. 5. Minnesota Statutes 2004, section 245A.04,
9.13 	subdivision 7, is amended to read:
9.14 		Subd. 7.Issuance of a license; extension of a license.
 9.15 	(a) If the commissioner determines that the program complies
9.16 	with all applicable rules and laws, the commissioner shall issue
9.17 	a license.  At minimum, the license shall state:
9.18 	(1) the name of the license holder;
9.19 	(2) the address of the program;
9.20 	(3) the effective date and expiration date of the license;
9.21 	(4) the type of license;
9.22 	(5) the maximum number and ages of persons that may receive
9.23 	services from the program; and
9.24 	(6) any special conditions of licensure.
9.25 	(b) The commissioner may issue an initial license for a
9.26 	period not to exceed two years if:
9.27 	(1) the commissioner is unable to conduct the evaluation or
9.28 	observation required by subdivision 4, paragraph (a), clauses (3)
9.29 	and (4), because the program is not yet operational;
9.30 	(2) certain records and documents are not available because
9.31 	persons are not yet receiving services from the program; and
9.32 	(3) the applicant complies with applicable laws and rules
9.33 	in all other respects.
9.34 	(c) A decision by the commissioner to issue a license does
9.35 	not guarantee that any person or persons will be placed or cared
9.36 	for in the licensed program.  A license shall not be
10.1 	transferable to another individual, corporation, partnership,
10.2 	voluntary association, other organization, or controlling or to
10.3 	another location.
10.4 	(d) A license holder must notify the commissioner and
10.5 	obtain the commissioner's approval before making any changes
10.6 	that would alter the license information listed under paragraph
10.7 	(a).
10.8 	(e) The commissioner shall not issue a license if the
10.9 	applicant, license holder, or controlling individual has:
10.10 	(1) been disqualified and the disqualification was not set
10.11 	aside;
10.12 	(2) has been denied a license within the past two years; or
10.13 	(3) had a license revoked within the past five years.
10.14 	(f) The commissioner shall not issue a license if an
10.15 	individual living in the household where the licensed services
10.16 	will be provided as specified under section 245C.03, subdivision
10.17 	1, has been disqualified and the disqualification has not been
10.18 	set aside.
10.19 	For purposes of reimbursement for meals only, under the
10.20 	Child and Adult Care Food Program, Code of Federal Regulations,
10.21 	title 7, subtitle B, chapter II, subchapter A, part 226,
10.22 	relocation within the same county by a licensed family day care
10.23 	provider, shall be considered an extension of the license for a
10.24 	period of no more than 30 calendar days or until the new license
10.25 	is issued, whichever occurs first, provided the county agency
10.26 	has determined the family day care provider meets licensure
10.27 	requirements at the new location.
10.28 	Unless otherwise specified by statute, all licenses expire
10.29 	at 12:01 a.m. on the day after the expiration date stated on the
10.30 	license.  A license holder must apply for and be granted a new
10.31 	license to operate the program or the program must not be
10.32 	operated after the expiration date.

10.33 	Sec. 6. Minnesota Statutes 2004, section 245A.04,
10.34 	subdivision 13, is amended to read:
10.35 		Subd. 13.residential programs handling resident funds
10.36 	and property; additional requirements.  (a) A license holder
11.1 	must ensure that residents persons served by the program retain
11.2 	the use and availability of personal funds or property unless
11.3 	restrictions are justified in the resident's person's individual
11.4 	plan. This subdivision does not apply to programs governed by
11.5 	the provisions in section 245B.07, subdivision 10.
11.6 	(b) The license holder must ensure separation of resident 
11.7 	funds of persons served by the program from funds of the license
11.8 	holder, the residential program, or program staff.
11.9 	(c) Whenever the license holder assists a resident person
11.10 	served by the program with the safekeeping of funds or other
11.11 	property, the license holder must:
11.12 	(1) immediately document receipt and disbursement of the
11.13 	resident's person's funds or other property at the time of
11.14 	receipt or disbursement, including the person's signature of the
11.15 	resident, or the signature of the conservator,or payee; and 
11.16 	(2) provide a statement, at least quarterly, itemizing
11.17 	receipts and disbursements of resident funds or other property;
11.18 	and 
11.19 	(3) return to the resident person upon the
11.20 	resident's person's request, funds and property in the license
11.21 	holder's possession subject to restrictions in the resident's 
11.22 	person's treatment plan, as soon as possible, but no later than
11.23 	three working days after the date of request.
11.24 	(d) License holders and program staff must not:
11.25 	(1) borrow money from a resident person served by the
11.26 	program;
11.27 	(2) purchase personal items from a resident person served
11.28 	by the program;
11.29 	(3) sell merchandise or personal services to a resident 
11.30 	person served by the program;
11.31 	(4) require a resident person served by the program to
11.32 	purchase items for which the license holder is eligible for
11.33 	reimbursement; or
11.34 	(5) use resident funds of persons served by the program to
11.35 	purchase items for which the facility is already receiving
11.36 	public or private payments.

12.1 	Sec. 7. Minnesota Statutes 2004, section 245A.07,
12.2 	subdivision 1, is amended to read:
12.3 		Subdivision 1.Sanctions available; appeals; temporary
12.4 	provisional license. (a) In addition to making a license
12.5 	conditional under section 245A.06, the commissioner may propose
12.6 	to suspend or revoke the license, impose a fine, or secure an
12.7 	injunction against the continuing operation of the program of a
12.8 	license holder who does not comply with applicable law or rule.
12.9 	When applying sanctions authorized under this section, the
12.10 	commissioner shall consider the nature, chronicity, or severity
12.11 	of the violation of law or rule and the effect of the violation
12.12 	on the health, safety, or rights of persons served by the
12.13 	program.
12.14 	(b) If a license holder appeals the suspension or
12.15 	revocation of a license and the license holder continues to
12.16 	operate the program pending a final order on the appeal, and the
12.17 	license expires during this time period, the commissioner shall
12.18 	issue the license holder a temporary provisional license.  The
12.19 	temporary provisional license is effective on the date issued
12.20 	and expires on the date that a final order is issued.  Unless
12.21 	otherwise specified by the commissioner, variances in effect on
12.22 	the date of the license sanction under appeal continue under the
12.23 	temporary provisional license.  If a license holder fails to
12.24 	comply with applicable law or rule while operating under a
12.25 	temporary provisional license, the commissioner may impose
12.26 	sanctions under this section and section 245A.06, and may
12.27 	terminate any prior variance.  If the license holder prevails on
12.28 	the appeal and the effective period of the previous license has
12.29 	expired, a new license shall be issued to the license holder
12.30 	upon payment of any fee required under section 245A.10.  The
12.31 	effective date of the new license shall be retroactive to the
12.32 	date the license would have shown had no sanction been
12.33 	initiated.  The expiration date shall be the expiration date of
12.34 	that license had no license sanction been initiated.
12.35 	(c) If a license holder is under investigation and the
12.36 	license is due to expire before completion of the investigation,
13.1 	the program shall be issued a new license upon completion of the
13.2 	reapplication requirements.  Upon completion of the
13.3 	investigation, a licensing sanction may be imposed against the
13.4 	new license under this section, section 245A.06, or 245A.08.
13.5 	(d) Failure to reapply or closure of a license by the
13.6 	license holder prior to the completion of any investigation
13.7 	shall not preclude the commissioner from issuing a licensing
13.8 	sanction under this section, section 245A.06, or 245A.08 at the
13.9 	conclusion of the investigation.

13.10 	Sec. 8. Minnesota Statutes 2004, section 245A.07,
13.11 	subdivision 3, is amended to read:
13.12 		Subd. 3.License suspension, revocation, or fine. (a) 
13.13 	The commissioner may suspend or revoke a license, or impose a
13.14 	fine if a license holder fails to comply fully with applicable
13.15 	laws or rules, if a license holder or an individual living in
13.16 	the household where the licensed services are provided has a
13.17 	disqualification which has not been set aside under section
13.18 	245C.22, or if a license holder knowingly withholds relevant
13.19 	information from or gives false or misleading information to the
13.20 	commissioner in connection with an application for a license, in
13.21 	connection with the background study status of an individual, or
13.22 	during an investigation.  A license holder who has had a license
13.23 	suspended, revoked, or has been ordered to pay a fine must be
13.24 	given notice of the action by certified mail or personal
13.25 	service.  If mailed, the notice must be mailed to the address
13.26 	shown on the application or the last known address of the
13.27 	license holder.  The notice must state the reasons the license
13.28 	was suspended, revoked, or a fine was ordered.
13.29 	(a) (b) If the license was suspended or revoked, the notice
13.30 	must inform the license holder of the right to a contested case
13.31 	hearing under chapter 14 and Minnesota Rules, parts 1400.8505 to
13.32 	1400.8612.  The license holder may appeal an order suspending or
13.33 	revoking a license.  The appeal of an order suspending or
13.34 	revoking a license must be made in writing by certified mail or
13.35 	personal service.  If mailed, the appeal must be postmarked and
13.36 	sent to the commissioner within ten calendar days after the
14.1 	license holder receives notice that the license has been
14.2 	suspended or revoked.  If a request is made by personal service,
14.3 	it must be received by the commissioner within ten calendar days
14.4 	after the license holder received the order.  Except as provided
14.5 	in subdivision 2a, paragraph (c), a timely appeal of an order
14.6 	suspending or revoking a license shall stay the suspension or
14.7 	revocation until the commissioner issues a final order.
14.8 	(b) (c) (1) If the license holder was ordered to pay a fine,
14.9 	the notice must inform the license holder of the responsibility
14.10 	for payment of fines and the right to a contested case hearing
14.11 	under chapter 14 and Minnesota Rules, parts 1400.8505 to
14.12 	1400.8612.  The appeal of an order to pay a fine must be made in
14.13 	writing by certified mail or personal service.  If mailed, the
14.14 	appeal must be postmarked and sent to the commissioner within
14.15 	ten calendar days after the license holder receives notice that
14.16 	the fine has been ordered.  If a request is made by personal
14.17 	service, it must be received by the commissioner within ten
14.18 	calendar days after the license holder received the order.
14.19 	(2) The license holder shall pay the fines assessed on or
14.20 	before the payment date specified.  If the license holder fails
14.21 	to fully comply with the order, the commissioner may issue a
14.22 	second fine or suspend the license until the license holder
14.23 	complies.  If the license holder receives state funds, the
14.24 	state, county, or municipal agencies or departments responsible
14.25 	for administering the funds shall withhold payments and recover
14.26 	any payments made while the license is suspended for failure to
14.27 	pay a fine.  A timely appeal shall stay payment of the fine
14.28 	until the commissioner issues a final order.
14.29 	(3) A license holder shall promptly notify the commissioner
14.30 	of human services, in writing, when a violation specified in the
14.31 	order to forfeit a fine is corrected.  If upon reinspection the
14.32 	commissioner determines that a violation has not been corrected
14.33 	as indicated by the order to forfeit a fine, the commissioner
14.34 	may issue a second fine.  The commissioner shall notify the
14.35 	license holder by certified mail or personal service that a
14.36 	second fine has been assessed.  The license holder may appeal
15.1 	the second fine as provided under this subdivision.
15.2 	(4) Fines shall be assessed as follows:  the license holder
15.3 	shall forfeit $1,000 for each determination of maltreatment of a
15.4 	child under section 626.556 or the maltreatment of a vulnerable
15.5 	adult under section 626.557; the license holder shall forfeit
15.6 	$200 for each occurrence of a violation of law or rule governing
15.7 	matters of health, safety, or supervision, including but not
15.8 	limited to the provision of adequate staff-to-child or adult
15.9 	ratios, and failure to submit a background study; and the
15.10 	license holder shall forfeit $100 for each occurrence of a
15.11 	violation of law or rule other than those subject to a $1,000 or
15.12 	$200 fine above.  For purposes of this section, "occurrence"
15.13 	means each violation identified in the commissioner's fine order.
15.14 	(5) When a fine has been assessed, the license holder may
15.15 	not avoid payment by closing, selling, or otherwise transferring
15.16 	the licensed program to a third party.  In such an event, the
15.17 	license holder will be personally liable for payment.  In the
15.18 	case of a corporation, each controlling individual is personally
15.19 	and jointly liable for payment.

15.20 	Sec. 9. Minnesota Statutes 2004, section 245A.08,
15.21 	subdivision 2a, is amended to read:
15.22 		Subd. 2a.Consolidated contested case hearings for
15.23 	sanctions based on maltreatment determinations and
15.24 	disqualifications.  (a) When a denial of a license under section
15.25 	245A.05 or a licensing sanction under section 245A.07,
15.26 	subdivision 3, is based on a disqualification for which
15.27 	reconsideration was requested and which was not set aside under
15.28 	section 245C.22, the scope of the contested case hearing shall
15.29 	include the disqualification and the licensing sanction or
15.30 	denial of a license.  When the licensing sanction or denial of a
15.31 	license is based on a determination of maltreatment under
15.32 	section 626.556 or 626.557, or a disqualification for serious or
15.33 	recurring maltreatment which was not set aside, the scope of the
15.34 	contested case hearing shall include the maltreatment
15.35 	determination, disqualification, and the licensing sanction or
15.36 	denial of a license.  In such cases, a fair hearing under
16.1 	section 256.045 shall not be conducted as provided for in
16.2 	sections 626.556, subdivision 10i, and 626.557, subdivision 9d.
16.3 	When a fine is based on a determination that the license holder
16.4 	is responsible for maltreatment and the fine is issued at the
16.5 	same time as the maltreatment determination, if the license
16.6 	holder appeals the maltreatment and fine, the scope of the
16.7 	contested case hearing shall include the maltreatment
16.8 	determination and fine and reconsideration of the maltreatment
16.9 	determination shall not be conducted as provided for in sections
16.10 	626.556, subdivision 10i, and 626.557, subdivision 9d.
16.11 	(b) In consolidated contested case hearings regarding
16.12 	sanctions issued in family child care, child foster care, family
16.13 	adult day services,and adult foster care, the county attorney
16.14 	shall defend the commissioner's orders in accordance with
16.15 	section 245A.16, subdivision 4.
16.16 	(c) The commissioner's final order under subdivision 5 is
16.17 	the final agency action on the issue of maltreatment and
16.18 	disqualification, including for purposes of subsequent
16.19 	background studies under chapter 245C and is the only
16.20 	administrative appeal of the final agency determination,
16.21 	specifically, including a challenge to the accuracy and
16.22 	completeness of data under section 13.04.
16.23 	(d) When consolidated hearings under this subdivision
16.24 	involve a licensing sanction based on a previous maltreatment
16.25 	determination for which the commissioner has issued a final
16.26 	order in an appeal of that determination under section 256.045,
16.27 	or the individual failed to exercise the right to appeal the
16.28 	previous maltreatment determination under section 626.556,
16.29 	subdivision 10i, or 626.557, subdivision 9d, the commissioner's
16.30 	order is conclusive on the issue of maltreatment.  In such
16.31 	cases, the scope of the administrative law judge's review shall
16.32 	be limited to the disqualification and the licensing sanction or
16.33 	denial of a license.  In the case of a denial of a license or a
16.34 	licensing sanction issued to a facility based on a maltreatment
16.35 	determination regarding an individual who is not the license
16.36 	holder or a household member, the scope of the administrative
17.1 	law judge's review includes the maltreatment determination.
17.2 	(e) If a maltreatment determination or disqualification,
17.3 	which was not set aside under section 245C.22, is the basis for
17.4 	a denial of a license under section 245A.05 or a licensing
17.5 	sanction under section 245A.07, and the disqualified subject is
17.6 	an individual other than the license holder and upon whom a
17.7 	background study must be conducted under section 245C.03, the
17.8 	hearings of all parties may be consolidated into a single
17.9 	contested case hearing upon consent of all parties and the
17.10 	administrative law judge.

17.11 	Sec. 10. Minnesota Statutes 2004, section 245A.08,
17.12 	subdivision 5, is amended to read:
17.13 		Subd. 5.Notice of the commissioner's final order.  After
17.14 	considering the findings of fact, conclusions, and
17.15 	recommendations of the administrative law judge, the
17.16 	commissioner shall issue a final order.  The commissioner shall
17.17 	consider, but shall not be bound by, the recommendations of the
17.18 	administrative law judge.  The appellant must be notified of the
17.19 	commissioner's final order as required by chapter 14 and
17.20 	Minnesota Rules, parts 1400.8505 to 1400.8612.  The notice must
17.21 	also contain information about the appellant's rights under
17.22 	chapter 14 and Minnesota Rules, parts 1400.8505 to 1400.8612.
17.23 	The institution of proceedings for judicial review of the
17.24 	commissioner's final order shall not stay the enforcement of the
17.25 	final order except as provided in section 14.65.
17.26 		Subd. 5a.Effect of final order on granting a subsequent
17.27 	license. (a) A license holder and each controlling individual
17.28 	of a license holder whose license has been revoked because of
17.29 	noncompliance with applicable law or rule must not be granted a
17.30 	license for five years following the
17.31 	revocation. Notwithstanding the five-year restriction, when a
17.32 	license is revoked because a person, other than the license
17.33 	holder, resides in the home where services are provided and that
17.34 	person has a disqualification that is not set aside and no
17.35 	variance has been granted, the former license holder may reapply
17.36 	for a license when:
18.1 	(1) the person with a disqualification, who is not a minor
18.2 	child, is no longer residing in the home and is prohibited from
18.3 	residing in or returning to the home; or 
18.4 	(2) the person with the disqualification is a minor child,
18.5 	the restriction applies until the minor child becomes an adult
18.6 	and permanently moves away from the home or five years,
18.7 	whichever is less.
18.8 	(b) An applicant whose application was denied must not be
18.9 	granted a license for two years following a denial, unless the
18.10 	applicant's subsequent application contains new information
18.11 	which constitutes a substantial change in the conditions that
18.12 	caused the previous denial.

18.13 	Sec. 11. Minnesota Statutes 2004, section 245A.14, is
18.14 	amended by adding a subdivision to read:
18.15 		Subd. 12.First aid training requirements for staff in
18.16 	child care centers. Notwithstanding Minnesota Rules, part
18.17 	9503.0035, subpart 2, first aid training may be less than eight
18.18 	hours and persons qualified to provide first aid training shall
18.19 	include individuals approved as first aid instructors.

18.20 	Sec. 12. Minnesota Statutes 2004, section 245A.14, is
18.21 	amended by adding a subdivision to read:
18.22 		Subd. 13.Cardiopulmonary resuscitation (cpr) training
18.23 	requirement. (a) When children are present in a child care
18.24 	center governed by Minnesota Rules, parts 9503.0005 to
18.25 	9503.0170, or in a family child care home governed by Minnesota
18.26 	Rules, parts 9502.0315 to 9502.0445, at least one staff person
18.27 	must be present in the center or home who as been trained in
18.28 	cardiopulmonary resuscitation (CPR) and in the treatment of
18.29 	obstructed airways.  The CPR training must have been provided by
18.30 	an individual approved to provide CPR instruction, must be
18.31 	repeated at least once every three years, and must be documented
18.32 	in the staff person's records.
18.33 	(b) Notwithstanding Minnesota Rules, part 9503.0035,
18.34 	subpart 3, item A, cardiopulmonary resuscitation training may be
18.35 	provided for less than four hours.
18.36 	(c) Notwithstanding Minnesota Rules, part 9503.0035,
19.1 	subpart 3, item C, persons qualified to provide cardiopulmonary
19.2 	resuscitation training shall include individuals approved as
19.3 	cardiopulmonary resuscitation instructors.
19.4 	
EFFECTIVE DATE. This section is effective January 1, 2006.

19.5 	Sec. 13. Minnesota Statutes 2004, section 245A.144, is
19.6 	amended to read:
19.7 	245A.144 REDUCTION OF RISK OF SUDDEN INFANT DEATH SYNDROME
19.8 	IN CHILD CARE AND CHILD FOSTER CARE PROGRAMS.
19.9 	(a) License holders must ensure document that before staff
19.10 	persons, caregivers, and helpers assist in the care of infants,
19.11 	they receive training on reducing the risk of sudden infant
19.12 	death syndrome.  The training on reducing the risk of sudden
19.13 	infant death syndrome may be provided as:
19.14 	(1) orientation training to child care center staff under
19.15 	Minnesota Rules, part 9503.0035, subpart 1, as and to child
19.16 	foster care providers, who care for infants, under Minnesota
19.17 	Rules, part 2960.3070, subpart 1;
19.18 	(2) initial training to family and group family child care
19.19 	providers under Minnesota Rules, part 9502.0385, subpart 2, as ;
19.20 	(3) in-service training to child care center staff under
19.21 	Minnesota Rules, part 9503.0035, subpart 4, and to child foster
19.22 	care providers, who care for infants, under Minnesota Rules,
19.23 	part 2960.3070, subpart 2;or as 
19.24 	(4) ongoing training to family and group family child care
19.25 	providers under Minnesota Rules, part 9502.0385, subpart 3.
19.26 	(b) Training required under this section must be at least
19.27 	one hour in length and must be completed at least once every
19.28 	five years.  At a minimum, the training must address the risk
19.29 	factors related to sudden infant death syndrome, means of
19.30 	reducing the risk of sudden infant death syndrome in child care,
19.31 	and license holder communication with parents regarding reducing
19.32 	the risk of sudden infant death syndrome.
19.33 	(c) Training for family and group family child care
19.34 	providers must be approved by the county licensing agency
19.35 	according to Minnesota Rules, part 9502.0385.
19.36 	(d) Training for child foster care providers must be
20.1 	approved by the county licensing agency and fulfills, in part,
20.2 	training required under Minnesota Rules, part 2960.3070.

20.3 	EFFECTIVE DATE. This section is effective January 1, 2006.

20.4 	Sec. 14. Minnesota Statutes 2004, section 245A.16,
20.5 	subdivision 4, is amended to read:
20.6 		Subd. 4.Enforcement of the commissioner's orders.  The
20.7 	county or private agency shall enforce the commissioner's orders
20.8 	under sections 245A.07, 245A.08, subdivision 5, and chapter
20.9 	245C, according to the instructions of the commissioner.  The
20.10 	county attorney shall assist the county agency in the
20.11 	enforcement and defense of the commissioner's orders under
20.12 	sections 245A.07, 245A.08, and chapter 245C, according to the
20.13 	instructions of the commissioner, unless a conflict of interest
20.14 	exists between the county attorney and the commissioner. For
20.15 	purposes of this section, a conflict of interest means that the
20.16 	county attorney has a direct or shared financial interest with
20.17 	the license holder or has a personal relationship or family
20.18 	relationship with a party in the licensing action.

20.19 	Sec. 15. Minnesota Statutes 2004, section 245A.18, is
20.20 	amended to read:
20.21 	245A.18 SEAT BELT AND CHILD PASSENGER RESTRAINT SYSTEMS 
20.22 	USE REQUIRED ; TRAINING REQUIREMENT.
20.23 		Subdivision 1.Seat belt use. (a) When a nonresidential 
20.24 	license holder provides or arranges for transportation for
20.25 	children served by the license holder, children four nine years
20.26 	old and older must be restrained by a properly adjusted and
20.27 	fastened seat belt and children under age four nine must be
20.28 	properly fastened in a child passenger restraint system meeting
20.29 	federal motor vehicle safety standards.  A child passenger
20.30 	restraint system is not required for a child who, in the
20.31 	judgment of a licensed physician, cannot be safely transported
20.32 	in a child passenger restraint system because of a medical
20.33 	condition, body size, or physical disability, if the license
20.34 	holder possesses a written statement from the physician that
20.35 	satisfies the requirements in section 169.685, subdivision 6,
20.36 	paragraph (b).
21.1 	(b) Paragraph (a) does not apply to transportation of
21.2 	children in a school bus inspected under section 169.451 that
21.3 	has a gross vehicle weight rating of more than 10,000 pounds, is
21.4 	designed for carrying more than ten persons, and was
21.5 	manufactured after 1977.
21.6 		Subd. 2.Child passenger restraint systems training
21.7 	requirements. (a) Family and group family child care, child
21.8 	care centers, child foster care, and other programs licensed by
21.9 	the Department of Human Services that serve a child or children
21.10 	under nine years of age must document training that fulfills the
21.11 	requirements in this subdivision.
21.12 	(b) Before a license holder, staff person, caregiver, or
21.13 	helper transports a child or children under age nine in a motor
21.14 	vehicle, the person transporting the child must satisfactorily
21.15 	complete training on the proper use and installation of child
21.16 	restraint systems in motor vehicles.  Training completed under
21.17 	this subdivision may be used to meet initial or ongoing training
21.18 	under the following:
21.19 	(1) Minnesota Rules, part 2960.3070, subparts 1 and 2;
21.20 	(2) Minnesota Rules, part 9502.0385, subparts 2 and 3; and 
21.21 	(3) Minnesota Rules, part 9503.0035, subparts 1 and 4.
21.22 	(c) Training required under this subdivision must be at
21.23 	least one hour in length, completed at orientation or initial
21.24 	training, and repeated at least once every five years.  At a
21.25 	minimum, the training must address the proper use of child
21.26 	restraint systems based on the child's size, weight, and age,
21.27 	and the proper installation of a car seat or booster seat in the
21.28 	motor vehicle used by the license holder to transport the child
21.29 	or children.
21.30 	(d) Training under paragraph (c) must be provided by
21.31 	individuals who are certified and approved by the Department of
21.32 	Public Safety, Office of Traffic Safety.  License holders may
21.33 	obtain a list of certified and approved trainers through the
21.34 	Department of Public Safety Web site or by contacting the agency.
21.35 	
EFFECTIVE DATE. This section is effective January 1, 2006.

21.36 	Sec. 16. Minnesota Statutes 2004, section 245B.02,
22.1 	subdivision 10, is amended to read:
22.2 		Subd. 10.Incident.  "Incident" means any of the
22.3 	following:
22.4 	(1) serious injury as determined by section 245.91,
22.5 	subdivision 6;
22.6 	(2) a consumer's death;
22.7 	(3) any medical emergencies, unexpected serious illnesses,
22.8 	or accidents that require physician treatment or
22.9 	hospitalization;
22.10 	(4) a consumer's unauthorized absence;
22.11 	(5) any fires or other events that require the relocation
22.12 	of services for more than 24 hours, or circumstances involving a
22.13 	law enforcement agency or fire department related to the health,
22.14 	safety, or supervision of a consumer;
22.15 	(6) physical aggression by a consumer against another
22.16 	consumer that causes physical pain, injury, or persistent
22.17 	emotional distress, including, but not limited to, hitting,
22.18 	slapping, kicking, scratching, pinching, biting, pushing, and
22.19 	spitting;
22.20 	(7) any sexual activity between consumers involving force
22.21 	or coercion as defined under section 609.341, subdivisions 3 and
22.22 	14; or
22.23 	(8) a report of child or vulnerable adult maltreatment
22.24 	under section 626.556 or 626.557.

22.25 	Sec. 17. Minnesota Statutes 2004, section 245B.055,
22.26 	subdivision 7, is amended to read:
22.27 		Subd. 7.Determining number of direct service staff
22.28 	required.  The minimum number of direct service staff members
22.29 	required at any one time to meet the combined staff ratio
22.30 	requirements of the persons present at that time can be
22.31 	determined by following the steps in clauses (1) through (4):
22.32 	(1) assign each person in attendance the three-digit
22.33 	decimal below that corresponds to the staff ratio requirement
22.34 	assigned to that person.  A staff ratio requirement of one to
22.35 	four equals 0.250.  A staff ratio requirement of one to eight
22.36 	equals 0.125.  A staff ratio requirement of one to six equals
23.1 	0.166.  A staff ratio requirement of one to ten equals 0.100;
23.2 	(2) add all of the three-digit decimals (one three-digit
23.3 	decimal for every person in attendance) assigned in clause (1);
23.4 	(3) when the sum in clause (2) falls between two whole
23.5 	numbers, round off the sum to the larger of the two whole
23.6 	numbers; and
23.7 	(4) the larger of the two whole numbers in clause (3)
23.8 	equals the number of direct service staff members needed to meet
23.9 	the staff ratio requirements of the persons in attendance.

23.10 	Sec. 18. Minnesota Statutes 2004, section 245B.07,
23.11 	subdivision 8, is amended to read:
23.12 		Subd. 8.Policies and procedures.  The license holder
23.13 	must develop and implement the policies and procedures in
23.14 	paragraphs (1) to (3).
23.15 	(1) Policies and procedures that promote consumer health
23.16 	and safety by ensuring:
23.17 	(i) consumer safety in emergency situations as identified
23.18 	in section 245B.05, subdivision 7;
23.19 	(ii) consumer health through sanitary practices;
23.20 	(iii) safe transportation, when the license holder is
23.21 	responsible for transportation of consumers, with provisions for
23.22 	handling emergency situations;
23.23 	(iv) a system of record keeping for both individuals and
23.24 	the organization, for review of incidents and emergencies, and
23.25 	corrective action if needed;
23.26 	(v) a plan for responding to all incidents, as defined in
23.27 	section 245B.02, subdivision 10, fires, severe weather and
23.28 	natural disasters, bomb threats, and other threats and reporting
23.29 	all incidents required to be reported under section 245B.05,
23.30 	subdivision 7;
23.31 	(vi) safe medication administration as identified in
23.32 	section 245B.05, subdivision 5, incorporating an observed skill
23.33 	assessment to ensure that staff demonstrate the ability to
23.34 	administer medications consistent with the license holder's
23.35 	policy and procedures;
23.36 	(vii) psychotropic medication monitoring when the consumer
24.1 	is prescribed a psychotropic medication, including the use of
24.2 	the psychotropic medication use checklist.  If the
24.3 	responsibility for implementing the psychotropic medication use
24.4 	checklist has not been assigned in the individual service plan
24.5 	and the consumer lives in a licensed site, the residential
24.6 	license holder shall be designated; and
24.7 	(viii) criteria for admission or service initiation
24.8 	developed by the license holder;.
24.9 	(2) Policies and procedures that protect consumer rights
24.10 	and privacy by ensuring:
24.11 	(i) consumer data privacy, in compliance with the Minnesota
24.12 	Data Practices Act, chapter 13; and
24.13 	(ii) that complaint procedures provide consumers with a
24.14 	simple process to bring grievances and consumers receive a
24.15 	response to the grievance within a reasonable time period.  The
24.16 	license holder must provide a copy of the program's grievance
24.17 	procedure and time lines for addressing grievances.  The
24.18 	program's grievance procedure must permit consumers served by
24.19 	the program and the authorized representatives to bring a
24.20 	grievance to the highest level of authority in the program; and .
24.21 	(3) Policies and procedures that promote continuity and
24.22 	quality of consumer supports by ensuring:
24.23 	(i) continuity of care and service coordination, including
24.24 	provisions for service termination, temporary service
24.25 	suspension, and efforts made by the license holder to coordinate
24.26 	services with other vendors who also provide support to the
24.27 	consumer.  The policy must include the following requirements:
24.28 	(A) the license holder must notify the consumer or
24.29 	consumer's legal representative and the consumer's case manager
24.30 	in writing of the intended termination or temporary service
24.31 	suspension and the consumer's right to seek a temporary order
24.32 	staying the termination or suspension of service according to
24.33 	the procedures in section 256.045, subdivision 4a or subdivision
24.34 	6, paragraph (c);
24.35 	(B) notice of the proposed termination of services,
24.36 	including those situations that began with a temporary service
25.1 	suspension, must be given at least 60 days before the proposed
25.2 	termination is to become effective;
25.3 	(C) the license holder must provide information requested
25.4 	by the consumer or consumer's legal representative or case
25.5 	manager when services are temporarily suspended or upon notice
25.6 	of termination;
25.7 	(D) use of temporary service suspension procedures are
25.8 	restricted to situations in which the consumer's behavior causes
25.9 	immediate and serious danger to the health and safety of the
25.10 	individual or others;
25.11 	(E) prior to giving notice of service termination or
25.12 	temporary service suspension, the license holder must document
25.13 	actions taken to minimize or eliminate the need for service
25.14 	termination or temporary service suspension; and
25.15 	(F) during the period of temporary service suspension, the
25.16 	license holder will work with the appropriate county agency to
25.17 	develop reasonable alternatives to protect the individual and
25.18 	others; and
25.19 	(ii) quality services measured through a program evaluation
25.20 	process including regular evaluations of consumer satisfaction
25.21 	and sharing the results of the evaluations with the consumers
25.22 	and legal representatives.

25.23 	Sec. 19. Minnesota Statutes 2004, section 245C.03,
25.24 	subdivision 1, is amended to read:
25.25 		Subdivision 1.Licensed programs.  (a) The commissioner
25.26 	shall conduct a background study on:
25.27 	(1) the person or persons applying for a license;
25.28 	(2) an individual age 13 and over living in the household
25.29 	where the licensed program will be provided;
25.30 	(3) current employees or contractors of the applicant who
25.31 	will have direct contact with persons served by the facility,
25.32 	agency, or program;
25.33 	(4) volunteers or student volunteers who will have direct
25.34 	contact with persons served by the program to provide program
25.35 	services if the contact is not under the continuous, direct
25.36 	supervision by an individual listed in clause (1) or (3);
26.1 	(5) an individual age ten to 12 living in the household
26.2 	where the licensed services will be provided when the
26.3 	commissioner has reasonable cause;
26.4 	(6) an individual who, without providing direct contact
26.5 	services at a licensed program, may have unsupervised access to
26.6 	children or vulnerable adults receiving services from a program
26.7 	licensed to provide:, when the commissioner has reasonable
26.8 	cause; and 
26.9 	(i) family child care for children;
26.10 	(ii) foster care for children in the provider's own home;
26.11 	or 
26.12 	(iii) foster care or day care services for adults in the
26.13 	provider's own home; and 
26.14 	(7) all managerial officials as defined under section
26.15 	245A.02, subdivision 5a.
26.16 	The commissioner must have reasonable cause to study an
26.17 	individual under this subdivision.
26.18 	(b) For family child foster care settings, a short-term
26.19 	substitute caregiver providing direct contact services for a
26.20 	child for less than 72 hours of continuous care is not required
26.21 	to receive a background study under this chapter.

26.22 	Sec. 20. Minnesota Statutes 2004, section 245C.07, is
26.23 	amended to read:
26.24 	245C.07 STUDY SUBJECT AFFILIATED WITH MULTIPLE LICENSED 
26.25 	FACILITIES.
26.26 	(a) When a license holder owns multiple facilities that are
26.27 	licensed by the Department of Human Services, only one
26.28 	background study is required for an individual who provides
26.29 	direct contact services in one or more of the licensed
26.30 	facilities if:
26.31 	(1) the license holder designates one individual with one
26.32 	address and telephone number as the person to receive sensitive
26.33 	background study information for the multiple licensed programs
26.34 	that depend on the same background study; and 
26.35 	(2) the individual designated to receive the sensitive
26.36 	background study information is capable of determining, upon
27.1 	request of the department, whether a background study subject is
27.2 	providing direct contact services in one or more of the license
27.3 	holder's programs and, if so, at which location or locations.
27.4 	(b) When a background study is being initiated by a
27.5 	licensed facility or a foster care provider that is also
27.6 	registered under chapter 144D, a study subject affiliated with
27.7 	multiple licensed facilities may attach to the background study
27.8 	form a cover letter indicating the additional facilities' names,
27.9 	addresses, and background study identification numbers.
27.10 	When the commissioner receives a notice, the commissioner
27.11 	shall notify each facility identified by the background study
27.12 	subject of the study results.
27.13 	The background study notice the commissioner sends to the
27.14 	subsequent agencies shall satisfy those facilities'
27.15 	responsibilities for initiating a background study on that
27.16 	individual.

27.17 	Sec. 21. Minnesota Statutes 2004, section 245C.08,
27.18 	subdivision 1, is amended to read:
27.19 		Subdivision 1.Background studies conducted by
27.20 	commissioner of human services. (a) For a background study
27.21 	conducted by the commissioner, the commissioner shall review:
27.22 	(1) information related to names of substantiated
27.23 	perpetrators of maltreatment of vulnerable adults that has been
27.24 	received by the commissioner as required under section 626.557,
27.25 	subdivision 9c, paragraph (i);
27.26 	(2) the commissioner's records relating to the maltreatment
27.27 	of minors in licensed programs, and from county agency findings
27.28 	of maltreatment of minors as indicated through the social
27.29 	service information system;
27.30 	(3) information from juvenile courts as required in
27.31 	subdivision 4 for individuals listed in section 245C.03,
27.32 	subdivision 1, clauses (2), (5), and (6); and
27.33 	(4) information from the Bureau of Criminal Apprehension.
27.34 	(b) Notwithstanding expungement by a court, the
27.35 	commissioner may consider information obtained under paragraph
27.36 	(a), clauses (3) and (4), unless the commissioner received
28.1 	notice of the petition for expungement and the court order for
28.2 	expungement is directed specifically to the commissioner.

28.3 	Sec. 22. Minnesota Statutes 2004, section 245C.08,
28.4 	subdivision 2, is amended to read:
28.5 		Subd. 2.Background studies conducted by a county or
28.6 	private agency; foster care and family child care.  (a) For a
28.7 	background study conducted by a county or private agency for
28.8 	child foster care, adult foster care, and family child care
28.9 	homes, the commissioner shall review:
28.10 	(1) information from the county agency's record of
28.11 	substantiated maltreatment of adults and the maltreatment of
28.12 	minors;
28.13 	(2) information from juvenile courts as required in
28.14 	subdivision 4 for individuals listed in section 245C.03,
28.15 	subdivision 1, clauses (2), (5), and (6);
28.16 	(3) information from the Bureau of Criminal Apprehension;
28.17 	and
28.18 	(4) arrest and investigative records maintained by the
28.19 	Bureau of Criminal Apprehension, county attorneys, county
28.20 	sheriffs, courts, county agencies, local police, the National
28.21 	Criminal Records Repository, and criminal records from other
28.22 	states.
28.23 	(b) If the individual has resided in the county for less
28.24 	than five years, the study shall include the records specified
28.25 	under paragraph (a) for the previous county or counties of
28.26 	residence for the past five years.
28.27 	(c) Notwithstanding expungement by a court, the county or
28.28 	private agency may consider information obtained under paragraph
28.29 	(a), clauses (3) and (4), unless the commissioner received
28.30 	notice of the petition for expungement and the court order for
28.31 	expungement is directed specifically to the commissioner.

28.32 	Sec. 23. Minnesota Statutes 2004, section 245C.15,
28.33 	subdivision 1, is amended to read:
28.34 		Subdivision 1.Permanent disqualification.  (a) An
28.35 	individual is disqualified under section 245C.14 if:  (1)
28.36 	regardless of how much time has passed since the discharge of
29.1 	the sentence imposed, if any,for the offense; and (2) unless
29.2 	otherwise specified, regardless of the level of the conviction 
29.3 	offense, the individual is convicted of has committed any of the
29.4 	following offenses:  sections 609.185 (murder in the first
29.5 	degree); 609.19 (murder in the second degree); 609.195 (murder
29.6 	in the third degree); 609.20 (manslaughter in the first degree);
29.7 	609.205 (manslaughter in the second degree); 609.221 or 609.222
29.8 	(assault in the first or second degree); a felony offense under
29.9 	sections 609.2242 and 609.2243 (domestic assault), spousal
29.10 	abuse, child abuse or neglect, or a crime against children;
29.11 	609.228 (great bodily harm caused by distribution of drugs);
29.12 	609.245 (aggravated robbery); 609.25 (kidnapping); 609.2661
29.13 	(murder of an unborn child in the first degree); 609.2662
29.14 	(murder of an unborn child in the second degree); 609.2663
29.15 	(murder of an unborn child in the third degree); 609.322
29.16 	(solicitation, inducement, and promotion of prostitution); a
29.17 	felony offense under 609.324, subdivision 1 (other prohibited
29.18 	acts); 609.342 (criminal sexual conduct in the first degree);
29.19 	609.343 (criminal sexual conduct in the second degree); 609.344
29.20 	(criminal sexual conduct in the third degree); 609.345 (criminal
29.21 	sexual conduct in the fourth degree); 609.352 (solicitation of
29.22 	children to engage in sexual conduct); 609.365 (incest); a
29.23 	felony offense under 609.377 (malicious punishment of a child);
29.24 	a felony offense under 609.378 (neglect or endangerment of a
29.25 	child); 609.561 (arson in the first degree); 609.66, subdivision
29.26 	1e (drive-by shooting); 609.749, subdivision 3, 4, or 5
29.27 	(felony-level harassment; stalking); 609.855, subdivision 5
29.28 	(shooting at or in a public transit vehicle or facility);
29.29 	617.246 (use of minors in sexual performance prohibited); or
29.30 	617.247 (possession of pictorial representations of minors).  An
29.31 	individual also is disqualified under section 245C.14 regardless
29.32 	of how much time has passed since the involuntary termination of
29.33 	the individual's parental rights under section 260C.301.
29.34 	(b) An individual's aiding and abetting,attempt,or
29.35 	conspiracy to commit any of the offenses listed in paragraph
29.36 	(a), as each of these offenses is defined in Minnesota Statutes,
30.1 	permanently disqualifies the individual under section 245C.14.
30.2 	(c) An individual's offense in any other state or country,
30.3 	where the elements of the offense are substantially similar to
30.4 	any of the offenses listed in paragraph (a), permanently
30.5 	disqualifies the individual under section 245C.14.
30.6 	(d) When a disqualification is based on a judicial
30.7 	determination other than a conviction, the disqualification
30.8 	period begins from the date of the court order.  When a
30.9 	disqualification is based on an admission, the disqualification
30.10 	period begins from the date of an admission in court.  When a
30.11 	disqualification is based on a preponderance of evidence of a
30.12 	disqualifying act, the disqualification date begins from the
30.13 	date of the dismissal, the date of discharge of the sentence
30.14 	imposed for a conviction for a disqualifying crime of similar
30.15 	elements, or the date of the incident, whichever occurs last.

30.16 	Sec. 24. Minnesota Statutes 2004, section 245C.15,
30.17 	subdivision 2, is amended to read:
30.18 		Subd. 2.15-year disqualification.  (a) An individual is
30.19 	disqualified under section 245C.14 if:  (1) less than 15 years
30.20 	have passed since the discharge of the sentence imposed, if any,
30.21 	for the offense; and (2) the individual has received a felony
30.22 	conviction for committed a felony-level violation of any of the
30.23 	following offenses:  sections 256.98 (wrongfully obtaining
30.24 	assistance);260C.301 (grounds for termination of parental
30.25 	rights); 268.182 (false representation; concealment of facts);
30.26 	393.07, subdivision 10(c) (federal Food Stamp Program fraud);
30.27 	609.165 (felon ineligible to possess firearm); 609.21 (criminal
30.28 	vehicular homicide and injury); 609.215 (suicide); 609.223 or
30.29 	609.2231 (assault in the third or fourth degree); repeat
30.30 	offenses under 609.224 (assault in the fifth degree); 609.2325
30.31 	(criminal abuse of a vulnerable adult); 609.2335 (financial
30.32 	exploitation of a vulnerable adult); 609.235 (use of drugs to
30.33 	injure or facilitate crime); 609.24 (simple robbery); 609.255
30.34 	(false imprisonment); 609.2664 (manslaughter of an unborn child
30.35 	in the first degree); 609.2665 (manslaughter of an unborn child
30.36 	in the second degree); 609.267 (assault of an unborn child in
31.1 	the first degree); 609.2671 (assault of an unborn child in the
31.2 	second degree); 609.268 (injury or death of an unborn child in
31.3 	the commission of a crime); 609.27 (coercion); 609.275 (attempt
31.4 	to coerce); repeat offenses under 609.3451 (criminal sexual
31.5 	conduct in the fifth degree); 609.466 (medical assistance
31.6 	fraud);609.498, subdivision 1 or 1b (aggravated first degree or
31.7 	first degree tampering with a witness); 609.52 (theft); 609.521
31.8 	(possession of shoplifting gear); 609.525 (bringing stolen goods
31.9 	into Minnesota); 609.527 (identity theft); 609.53 (receiving
31.10 	stolen property); 609.535 (issuance of dishonored checks);
31.11 	609.562 (arson in the second degree); 609.563 (arson in the
31.12 	third degree); 609.582 (burglary); 609.611 (insurance fraud);
31.13 	609.625 (aggravated forgery); 609.63 (forgery); 609.631 (check
31.14 	forgery; offering a forged check); 609.635 (obtaining signature
31.15 	by false pretense); 609.66 (dangerous weapons); 609.67 (machine
31.16 	guns and short-barreled shotguns); 609.687 (adulteration);
31.17 	609.71 (riot); 609.713 (terroristic threats); 609.82 (fraud in
31.18 	obtaining credit); 609.821 (financial transaction card fraud);
31.19 	repeat offenses under 617.23 (indecent exposure; penalties);
31.20 	repeat offenses under 617.241 (obscene materials and
31.21 	performances; distribution and exhibition prohibited; penalty);
31.22 	chapter 152 (drugs; controlled substance); or a felony-level
31.23 	conviction involving alcohol or drug use.
31.24 	(b) An individual is disqualified under section 245C.14 if
31.25 	less than 15 years has passed since the individual's aiding and
31.26 	abetting,attempt,or conspiracy to commit any of the offenses
31.27 	listed in paragraph (a), as each of these offenses is defined in
31.28 	Minnesota Statutes.
31.29 	(c) An individual is disqualified under section 245C.14 if
31.30 	less than 15 years has passed since the individual's voluntary
31.31 	termination of the individual's parental rights under section
31.32 	260C.301.
31.33 	(d) An individual is disqualified under section 245C.14 if
31.34 	less than 15 years has passed since the discharge of the
31.35 	sentence imposed for an offense in any other state or country,
31.36 	the elements of which are substantially similar to the elements
32.1 	of the offenses listed in paragraph (a).
32.2 	(d) (e) If the individual studied is convicted of one of
32.3 	the felonies listed in paragraph (a), but the sentence is a
32.4 	gross misdemeanor or misdemeanor disposition, the individual is
32.5 	disqualified but the disqualification lookback period for the
32.6 	conviction is the period applicable to the gross misdemeanor or
32.7 	misdemeanor disposition.
32.8 	(f) When a disqualification is based on a judicial
32.9 	determination other than a conviction, the disqualification
32.10 	period begins from the date of the court order.  When a
32.11 	disqualification is based on an admission, the disqualification
32.12 	period begins from the date of an admission in court.  When a
32.13 	disqualification is based on a preponderance of evidence of a
32.14 	disqualifying act, the disqualification date begins from the
32.15 	date of the dismissal, the date of discharge of the sentence
32.16 	imposed for a conviction for a disqualifying crime of similar
32.17 	elements, or the date of the incident, whichever occurs last.

32.18 	Sec. 25. Minnesota Statutes 2004, section 245C.15,
32.19 	subdivision 3, is amended to read:
32.20 		Subd. 3.Ten-year disqualification.  (a) An individual is
32.21 	disqualified under section 245C.14 if:  (1) less than ten years
32.22 	have passed since the discharge of the sentence imposed, if any,
32.23 	for the offense; and (2) the individual has received committed a
32.24 	gross misdemeanor conviction for a misdemeanor-level violation
32.25 	of any of the following offenses:  sections 256.98 (wrongfully
32.26 	obtaining assistance); 268.182 (false representation;
32.27 	concealment of facts); 393.07, subdivision 10(c) (federal Food
32.28 	Stamp Program fraud);609.224 (assault in the fifth degree);
32.29 	609.224, subdivision 2, paragraph (c) (assault in the fifth
32.30 	degree by a caregiver against a vulnerable adult); 609.2242 and
32.31 	609.2243 (domestic assault); 609.23 (mistreatment of persons
32.32 	confined); 609.231 (mistreatment of residents or patients);
32.33 	609.2325 (criminal abuse of a vulnerable adult); 609.233
32.34 	(criminal neglect of a vulnerable adult); 609.2335 (financial
32.35 	exploitation of a vulnerable adult); 609.234 (failure to report
32.36 	maltreatment of a vulnerable adult); 609.265 (abduction);
33.1 	609.275 (attempt to coerce); 609.324, subdivision 1a (other
33.2 	prohibited acts; minor engaged in prostitution); 609.33
33.3 	(disorderly house); 609.3451 (criminal sexual conduct in the
33.4 	fifth degree); 609.377 (malicious punishment of a child);
33.5 	609.378 (neglect or endangerment of a child); 609.446 (medical
33.6 	assistance fraud);609.52 (theft); 609.525 (bringing stolen
33.7 	goods into Minnesota); 609.527 (identify theft); 609.53
33.8 	(receiving stolen property); 609.535 (issuance of dishonored
33.9 	checks);609.582 (burglary); 609.611 (insurance fraud);609.631
33.10 	(check forgery; offering a forged check); 609.66 (dangerous
33.11 	weapons); 609.71 (riot); 609.72, subdivision 3 (disorderly
33.12 	conduct against a vulnerable adult); repeat offenses under
33.13 	609.746 (interference with privacy); 609.749, subdivision 2
33.14 	(harassment; stalking); repeat offenses under 617.23 (indecent
33.15 	exposure); 617.241 (obscene materials and performances); 617.243
33.16 	(indecent literature, distribution); 617.293 (harmful materials;
33.17 	dissemination and display to minors prohibited); or violation of
33.18 	an order for protection under section 518B.01, subdivision 14.
33.19 	(b) An individual is disqualified under section 245C.14 if
33.20 	less than ten years has passed since the individual's aiding and
33.21 	abetting,attempt,or conspiracy to commit any of the offenses
33.22 	listed in paragraph (a), as each of these offenses is defined in
33.23 	Minnesota Statutes.
33.24 	(c) An individual is disqualified under section 245C.14 if
33.25 	less than ten years has passed since the discharge of the
33.26 	sentence imposed for an offense in any other state or country,
33.27 	the elements of which are substantially similar to the elements
33.28 	of any of the offenses listed in paragraph (a).
33.29 	(d) If the defendant is convicted of one of the gross
33.30 	misdemeanors listed in paragraph (a), but the sentence is a
33.31 	misdemeanor disposition, the individual is disqualified but the
33.32 	disqualification lookback period for the conviction is the
33.33 	period applicable to misdemeanors.
33.34 	(e) When a disqualification is based on a judicial
33.35 	determination other than a conviction, the disqualification
33.36 	period begins from the date of the court order.  When a
34.1 	disqualification is based on an admission, the disqualification
34.2 	period begins from the date of an admission in court.  When a
34.3 	disqualification is based on a preponderance of evidence of a
34.4 	disqualifying act, the disqualification date begins from the
34.5 	date of the dismissal, the date of discharge of the sentence
34.6 	imposed for a conviction for a disqualifying crime of similar
34.7 	elements, or the date of the incident, whichever occurs last.

34.8 	Sec. 26. Minnesota Statutes 2004, section 245C.15,
34.9 	subdivision 4, is amended to read:
34.10 		Subd. 4.Seven-year disqualification.  (a) An individual
34.11 	is disqualified under section 245C.14 if:  (1) less than seven
34.12 	years has passed since the discharge of the sentence imposed, if
34.13 	any,for the offense; and (2) the individual has received 
34.14 	committed a misdemeanor conviction for a misdemeanor-level 
34.15 	violation of any of the following offenses:  sections 256.98
34.16 	(wrongfully obtaining assistance); 268.182 (false
34.17 	representation; concealment of facts); 393.07, subdivision 10(c)
34.18 	(federal Food Stamp Program fraud);609.224 (assault in the
34.19 	fifth degree); 609.2242 (domestic assault); 609.2335 (financial
34.20 	exploitation of a vulnerable adult); 609.234 (failure to report
34.21 	maltreatment of a vulnerable adult); 609.2672 (assault of an
34.22 	unborn child in the third degree); 609.27 (coercion); violation
34.23 	of an order for protection under 609.3232 (protective order
34.24 	authorized; procedures; penalties); 609.466 (medical assistance
34.25 	fraud);609.52 (theft); 609.525 (bringing stolen goods into
34.26 	Minnesota); 609.527 (identity theft); 609.53 (receiving stolen
34.27 	property); 609.535 (issuance of dishonored checks); 609.611
34.28 	(insurance fraud);609.66 (dangerous weapons); 609.665 (spring
34.29 	guns); 609.746 (interference with privacy); 609.79 (obscene or
34.30 	harassing phone telephone calls); 609.795 (letter, telegram, or
34.31 	package; opening; harassment); 609.82 (fraud in obtaining
34.32 	credit); 609.821 (financial transaction card fraud);617.23
34.33 	(indecent exposure; penalties); 617.293 (harmful materials;
34.34 	dissemination and display to minors prohibited); or violation of
34.35 	an order for protection under section 518B.01 (Domestic Abuse
34.36 	Act).
35.1 	(b) An individual is disqualified under section 245C.14 if
35.2 	less than seven years has passed since a determination or
35.3 	disposition of the individual's:
35.4 	(1) failure to make required reports under section 626.556,
35.5 	subdivision 3, or 626.557, subdivision 3, for incidents in
35.6 	which:  (i) the final disposition under section 626.556 or
35.7 	626.557 was substantiated maltreatment, and (ii) the
35.8 	maltreatment was recurring or serious; or
35.9 	(2) substantiated serious or recurring maltreatment of a
35.10 	minor under section 626.556, a vulnerable adult under section
35.11 	626.557, or serious or recurring maltreatment in any other
35.12 	state, the elements of which are substantially similar to the
35.13 	elements of maltreatment under section 626.556 or 626.557 for
35.14 	which:  (i) there is a preponderance of evidence that the
35.15 	maltreatment occurred, and (ii) the subject was responsible for
35.16 	the maltreatment.
35.17 	(c) An individual is disqualified under section 245C.14 if
35.18 	less than seven years has passed since the individual's aiding
35.19 	and abetting,attempt,or conspiracy to commit any of the
35.20 	offenses listed in paragraphs (a) and (b), as each of these
35.21 	offenses is defined in Minnesota Statutes.
35.22 	(d) An individual is disqualified under section 245C.14 if
35.23 	less than seven years has passed since the discharge of the
35.24 	sentence imposed for an offense in any other state or country,
35.25 	the elements of which are substantially similar to the elements
35.26 	of any of the offenses listed in paragraphs (a) and (b).
35.27 	(e) When a disqualification is based on a judicial
35.28 	determination other than a conviction, the disqualification
35.29 	period begins from the date of the court order.  When a
35.30 	disqualification is based on an admission, the disqualification
35.31 	period begins from the date of an admission in court.  When a
35.32 	disqualification is based on a preponderance of evidence of a
35.33 	disqualifying act, the disqualification date begins from the
35.34 	date of the dismissal, the date of discharge of the sentence
35.35 	imposed for a conviction for a disqualifying crime of similar
35.36 	elements, or the date of the incident, whichever occurs last.

36.1 	Sec. 27. Minnesota Statutes 2004, section 245C.17,
36.2 	subdivision 2, is amended to read:
36.3 		Subd. 2.Disqualification notice sent to subject.  (a) If
36.4 	the information in the study indicates the individual is
36.5 	disqualified from direct contact with, or from access to,
36.6 	persons served by the program, the commissioner shall disclose
36.7 	to the individual studied:
36.8 	(1) the information causing disqualification;
36.9 	(2) instructions on how to request a reconsideration of the
36.10 	disqualification; and 
36.11 	(3) an explanation of any restrictions on the
36.12 	commissioner's discretion to set aside the disqualification
36.13 	under section 245C.24, subdivision 2, when applicable to the
36.14 	individual; and 
36.15 	(4) the commissioner's determination of the individual's
36.16 	immediate risk of harm under section 245C.16.
36.17 	(b) If the commissioner determines under section 245C.16
36.18 	that an individual poses an imminent risk of harm to persons
36.19 	served by the program where the individual will have direct
36.20 	contact, the commissioner's notice must include an explanation
36.21 	of the basis of this determination.
36.22 	(c) If the commissioner determines under section 245C.16
36.23 	that an individual studied does not pose a risk of harm that
36.24 	requires continuous, direct supervision, the commissioner shall
36.25 	only notify the individual of the disqualification.

36.26 	Sec. 28. Minnesota Statutes 2004, section 245C.21,
36.27 	subdivision 2, is amended to read:
36.28 		Subd. 2.Time frame for requesting reconsideration of a
36.29 	disqualification.  (a) When the commissioner sends an individual
36.30 	a notice of disqualification based on a finding under section
36.31 	245C.16, subdivision 2, paragraph (a), clause (1) or (2), the
36.32 	disqualified individual must submit the request for a
36.33 	reconsideration within 30 calendar days of the individual's
36.34 	receipt of the notice of disqualification. If mailed, the
36.35 	request for reconsideration must be postmarked and sent to the
36.36 	commissioner within 30 calendar days of the individual's receipt
37.1 	of the notice of disqualification.  If a request for
37.2 	reconsideration is made by personal service, it must be received
37.3 	by the commissioner within 30 calendar days after the
37.4 	individual's receipt of the notice of disqualification.Upon
37.5 	showing that the information under subdivision 3 cannot be
37.6 	obtained within 30 days, the disqualified individual may request
37.7 	additional time, not to exceed 30 days, to obtain the
37.8 	information.
37.9 	(b) When the commissioner sends an individual a notice of
37.10 	disqualification based on a finding under section 245C.16,
37.11 	subdivision 2, paragraph (a), clause (3), the disqualified
37.12 	individual must submit the request for reconsideration within 15
37.13 	calendar days of the individual's receipt of the notice of
37.14 	disqualification. If mailed, the request for reconsideration
37.15 	must be postmarked and sent to the commissioner within 15
37.16 	calendar days of the individual's receipt of the notice of
37.17 	disqualification.  If a request for reconsideration is made by
37.18 	personal service, it must be received by the commissioner within
37.19 	15 calendar days after the individual's receipt of the notice of
37.20 	disqualification.
37.21 	(c) An individual who was determined to have maltreated a
37.22 	child under section 626.556 or a vulnerable adult under section
37.23 	626.557, and who is disqualified on the basis of serious or
37.24 	recurring maltreatment, may request a reconsideration of both
37.25 	the maltreatment and the disqualification determinations.  The
37.26 	request must be submitted within 30 calendar days of the
37.27 	individual's receipt of the notice of disqualification. If
37.28 	mailed, the request for reconsideration must be postmarked and
37.29 	sent to the commissioner within 30 calendar days of the
37.30 	individual's receipt of the notice of disqualification.  If a
37.31 	request for reconsideration is made by personal service, it must
37.32 	be received by the commissioner within 30 calendar days after
37.33 	the individual's receipt of the notice of disqualification.

37.34 	Sec. 29. Minnesota Statutes 2004, section 245C.22,
37.35 	subdivision 3, is amended to read:
37.36 		Subd. 3.Preeminent weight given to safety of persons
38.1 	being served.  In reviewing a request for reconsideration of a
38.2 	disqualification, the commissioner shall give preeminent weight
38.3 	to the safety of each person served by the license holder,
38.4 	applicant, or other entities as provided in this chapter over
38.5 	the interests of the disqualified individual,license holder,
38.6 	applicant, or other entity as provided in this chapter, and any
38.7 	single factor under subdivision 4, paragraph (b), may be
38.8 	determinative of the commissioner's decision whether to set
38.9 	aside the individual's disqualification.

38.10 	Sec. 30. Minnesota Statutes 2004, section 245C.22,
38.11 	subdivision 4, is amended to read:
38.12 		Subd. 4.Risk of harm; set aside.  (a) The commissioner
38.13 	may set aside the disqualification if the commissioner finds
38.14 	that the individual has submitted sufficient information to
38.15 	demonstrate that the individual does not pose a risk of harm to
38.16 	any person served by the applicant, license holder, or other
38.17 	entities as provided in this chapter.
38.18 	(b) In determining whether the individual has met the
38.19 	burden of proof by demonstrating the individual does not pose a
38.20 	risk of harm, the commissioner shall consider:
38.21 	(1) the nature, severity, and consequences of the event or
38.22 	events that led to the disqualification;
38.23 	(2) whether there is more than one disqualifying event;
38.24 	(3) the age and vulnerability of the victim at the time of
38.25 	the event;
38.26 	(4) the harm suffered by the victim;
38.27 	(5) the similarity between the victim and persons served by
38.28 	the program;
38.29 	(6) the time elapsed without a repeat of the same or
38.30 	similar event;
38.31 	(7) documentation of successful completion by the
38.32 	individual studied of training or rehabilitation pertinent to
38.33 	the event; and
38.34 	(8) any other information relevant to reconsideration.
38.35 	(c) If the individual requested reconsideration on the
38.36 	basis that the information relied upon to disqualify the
39.1 	individual was incorrect or inaccurate and the commissioner
39.2 	determines that the information relied upon to disqualify the
39.3 	individual is correct, the commissioner must also determine if
39.4 	the individual poses a risk of harm to persons receiving
39.5 	services in accordance with paragraph (b).

39.6 	Sec. 31. Minnesota Statutes 2004, section 245C.24,
39.7 	subdivision 2, is amended to read:
39.8 		Subd. 2.Permanent bar to set aside of disqualification.
 39.9 	The commissioner may not set aside the disqualification of an
39.10 	individual in connection with a license to provide family child
39.11 	care for children, foster care for children in the provider's
39.12 	home, or foster care or day care services for adults in the
39.13 	provider's home, regardless of how much time has passed, if
39.14 	the provider individual was disqualified for a crime or conduct
39.15 	listed in section 245C.15, subdivision 1.

39.16 	Sec. 32. Minnesota Statutes 2004, section 245C.24,
39.17 	subdivision 3, is amended to read:
39.18 		Subd. 3.Ten-year bar to set aside disqualification.  (a)
39.19 	The commissioner may not set aside the disqualification of an
39.20 	individual in connection with a license to provide family child
39.21 	care for children, foster care for children in the provider's
39.22 	home, or foster care or day care services for adults in the
39.23 	provider's home if:  (1) less than ten years has passed since
39.24 	the discharge of the sentence imposed, if any,for the offense;
39.25 	and or (2) when disqualified based on a preponderance of
39.26 	evidence determination under section 245A.14, subdivision 1,
39.27 	paragraph (a), clause (2), or an admission under section
39.28 	245A.14, subdivision 1, paragraph (a), clause (1), and less than
39.29 	ten years has passed since the individual committed the act or
39.30 	admitted to committing the act, whichever is later; and (3) the
39.31 	individual has been convicted of committed a violation of any of
39.32 	the following offenses:  sections 609.165 (felon ineligible to
39.33 	possess firearm); criminal vehicular homicide under 609.21
39.34 	(criminal vehicular homicide and injury); 609.215 (aiding
39.35 	suicide or aiding attempted suicide); felony violations under
39.36 	609.223 or 609.2231 (assault in the third or fourth degree);
40.1 	609.713 (terroristic threats); 609.235 (use of drugs to injure
40.2 	or to facilitate crime); 609.24 (simple robbery); 609.255 (false
40.3 	imprisonment); 609.562 (arson in the second degree); 609.71
40.4 	(riot); 609.498, subdivision 1 or 1b (aggravated first degree or
40.5 	first degree tampering with a witness); burglary in the first or
40.6 	second degree under 609.582 (burglary); 609.66 (dangerous
40.7 	weapon); 609.665 (spring guns); 609.67 (machine guns and
40.8 	short-barreled shotguns); 609.749, subdivision 2 (gross
40.9 	misdemeanor harassment; stalking); 152.021 or 152.022
40.10 	(controlled substance crime in the first or second degree);
40.11 	152.023, subdivision 1, clause (3) or (4) or subdivision 2,
40.12 	clause (4) (controlled substance crime in the third degree);
40.13 	152.024, subdivision 1, clause (2), (3), or (4) (controlled
40.14 	substance crime in the fourth degree); 609.224, subdivision 2,
40.15 	paragraph (c) (fifth-degree assault by a caregiver against a
40.16 	vulnerable adult); 609.23 (mistreatment of persons confined);
40.17 	609.231 (mistreatment of residents or patients); 609.2325
40.18 	(criminal abuse of a vulnerable adult); 609.233 (criminal
40.19 	neglect of a vulnerable adult); 609.2335 (financial exploitation
40.20 	of a vulnerable adult); 609.234 (failure to report); 609.265
40.21 	(abduction); 609.2664 to 609.2665 (manslaughter of an unborn
40.22 	child in the first or second degree); 609.267 to 609.2672
40.23 	(assault of an unborn child in the first, second, or third
40.24 	degree); 609.268 (injury or death of an unborn child in the
40.25 	commission of a crime); 617.293 (disseminating or displaying
40.26 	harmful material to minors); a felony-level conviction involving
40.27 	alcohol or drug use, a gross misdemeanor offense under 609.324,
40.28 	subdivision 1 (other prohibited acts); a gross misdemeanor
40.29 	offense under 609.378 (neglect or endangerment of a child); a
40.30 	gross misdemeanor offense under 609.377 (malicious punishment of
40.31 	a child); or 609.72, subdivision 3 (disorderly conduct against a
40.32 	vulnerable adult).
40.33 	(b) The commissioner may not set aside the disqualification
40.34 	of an individual if less than ten years have passed since the
40.35 	individual's aiding and abetting,attempt,or conspiracy to
40.36 	commit any of the offenses listed in paragraph (a) as each of
41.1 	these offenses is defined in Minnesota Statutes.
41.2 	(c) The commissioner may not set aside the disqualification
41.3 	of an individual if less than ten years have passed since the
41.4 	discharge of the sentence imposed for an offense in any other
41.5 	state or country, the elements of which are substantially
41.6 	similar to the elements of any of the offenses listed in
41.7 	paragraph (a).

41.8 	Sec. 33. Minnesota Statutes 2004, section 245C.27,
41.9 	subdivision 1, is amended to read:
41.10 		Subdivision 1.Fair hearing when disqualification is not
41.11 	set aside.  (a) If the commissioner does not set aside or
41.12 	rescind a disqualification of an individual under section
41.13 	245C.22 who is disqualified on the basis of a preponderance of
41.14 	evidence that the individual committed an act or acts that meet
41.15 	the definition of any of the crimes listed in section 245C.15;
41.16 	for a determination under section 626.556 or 626.557 of
41.17 	substantiated maltreatment that was serious or recurring under
41.18 	section 245C.15; or for failure to make required reports under
41.19 	section 626.556, subdivision 3; or 626.557, subdivision 3,
41.20 	pursuant to section 245C.15, subdivision 4, paragraph (b),
41.21 	clause (1), the individual may request a fair hearing under
41.22 	section 256.045, unless the disqualification is deemed
41.23 	conclusive under section 245C.29.
41.24 	(b) The fair hearing is the only administrative appeal of
41.25 	the final agency determination for purposes of appeal by the
41.26 	disqualified individual.  The disqualified individual does not
41.27 	have the right to challenge the accuracy and completeness of
41.28 	data under section 13.04.
41.29 	(c) If the individual was disqualified based on a
41.30 	conviction or admission to any crimes listed in section 245C.15,
41.31 	subdivisions 1 to 4, the reconsideration decision under section
41.32 	245C.22 is the final agency determination for purposes of appeal
41.33 	by the disqualified individual and is not subject to a hearing
41.34 	under section 256.045. If the individual was disqualified based
41.35 	on a judicial determination, that determination is treated the
41.36 	same as a conviction for purposes of appeal.
42.1 	(d) This subdivision does not apply to a public employee's
42.2 	appeal of a disqualification under section 245C.28, subdivision
42.3 	3.
42.4 	(e) Notwithstanding paragraph (c), if the commissioner does
42.5 	not set aside a disqualification of an individual who was
42.6 	disqualified based on both a preponderance of evidence and a
42.7 	conviction or admission, the individual may request a fair
42.8 	hearing under section 256.045, unless the disqualifications are
42.9 	deemed conclusive under section 245C.29.  The scope of the
42.10 	hearing conducted under section 256.045 with regard to the
42.11 	disqualification based on a conviction or admission shall be
42.12 	limited solely to whether the individual poses a risk of harm,
42.13 	according to section 256.045, subdivision 3b.

42.14 	Sec. 34. Minnesota Statutes 2004, section 245C.28,
42.15 	subdivision 3, is amended to read:
42.16 		Subd. 3.Employees of public employer.  (a) If the
42.17 	commissioner does not set aside the disqualification of an
42.18 	individual who is an employee of an employer, as defined in
42.19 	section 179A.03, subdivision 15, the individual may request a
42.20 	contested case hearing under chapter 14.  The request for a
42.21 	contested case hearing must be made in writing and must be
42.22 	postmarked and mailed sent within 30 calendar days after the
42.23 	employee receives notice that the disqualification has not been
42.24 	set aside. If the individual was disqualified based on a
42.25 	conviction or admission to any crimes listed in section 245C.15,
42.26 	the scope of the contested case hearing shall be limited solely
42.27 	to whether the individual poses a risk of harm pursuant to
42.28 	section 245C.22.
42.29 	(b) If the commissioner does not set aside or rescind a
42.30 	disqualification that is based on a maltreatment determination,
42.31 	the scope of the contested case hearing must include the
42.32 	maltreatment determination and the disqualification.  In such
42.33 	cases, a fair hearing must not be conducted under section
42.34 	256.045.
42.35 	(c) Rules adopted under this chapter may not preclude an
42.36 	employee in a contested case hearing for a disqualification from
43.1 	submitting evidence concerning information gathered under this
43.2 	chapter.
43.3 	(d) When a person an individual has been disqualified from
43.4 	multiple licensed programs and the disqualifications have not
43.5 	been set aside under section 245C.22, if at least one of the
43.6 	disqualifications entitles the person to a contested case
43.7 	hearing under this subdivision, the scope of the contested case
43.8 	hearing shall include all disqualifications from licensed
43.9 	programs which were not set aside.
43.10 	(e) In determining whether the disqualification should be
43.11 	set aside, the administrative law judge shall consider all of
43.12 	the characteristics that cause the individual to be
43.13 	disqualified, including those characteristics that were not
43.14 	subject to review under paragraph (b),in order to determine
43.15 	whether the individual poses a risk of harm.  The administrative
43.16 	law judge's recommendation and the commissioner's order to set
43.17 	aside a disqualification that is the subject of the hearing
43.18 	constitutes a determination that the individual does not pose a
43.19 	risk of harm and that the individual may provide direct contact
43.20 	services in the individual program specified in the set aside.

43.21 	Sec. 35. Minnesota Statutes 2004, section 626.556,
43.22 	subdivision 10i, is amended to read:
43.23 		Subd. 10i.Administrative reconsideration of final
43.24 	determination of maltreatment and disqualification based on
43.25 	serious or recurring maltreatment; review panel.  (a) Except as
43.26 	provided under paragraph (e), an individual or facility that the
43.27 	commissioner of human services, a local social service agency,
43.28 	or the commissioner of education determines has maltreated a
43.29 	child, an interested person acting on behalf of the child,
43.30 	regardless of the determination, who contests the investigating
43.31 	agency's final determination regarding maltreatment, may request
43.32 	the investigating agency to reconsider its final determination
43.33 	regarding maltreatment.  The request for reconsideration must be
43.34 	submitted in writing to the investigating agency within 15
43.35 	calendar days after receipt of notice of the final determination
43.36 	regarding maltreatment or, if the request is made by an
44.1 	interested person who is not entitled to notice, within 15 days
44.2 	after receipt of the notice by the parent or guardian of the
44.3 	child. If mailed, the request for reconsideration must be
44.4 	postmarked and sent to the investigating agency within 15
44.5 	calendar days of the individual's or facility's receipt of the
44.6 	final determination.  If the request for reconsideration is made
44.7 	by personal service, it must be received by the investigating
44.8 	agency within 15 calendar days after the individual's or
44.9 	facility's receipt of the final determination.Effective
44.10 	January 1, 2002, an individual who was determined to have
44.11 	maltreated a child under this section and who was disqualified
44.12 	on the basis of serious or recurring maltreatment under sections
44.13 	245C.14 and 245C.15, may request reconsideration of the
44.14 	maltreatment determination and the disqualification.  The
44.15 	request for reconsideration of the maltreatment determination
44.16 	and the disqualification must be submitted within 30 calendar
44.17 	days of the individual's receipt of the notice of
44.18 	disqualification under sections 245C.16 and 245C.17. If mailed,
44.19 	the request for reconsideration of the maltreatment
44.20 	determination and the disqualification must be postmarked and
44.21 	sent to the investigating agency within 30 calendar days of the
44.22 	individual's receipt of the maltreatment determination and
44.23 	notice of disqualification.  If the request for reconsideration
44.24 	is made by personal service, it must be received by the
44.25 	investigating agency within 30 calendar days after the
44.26 	individual's receipt of the notice of disqualification.
44.27 	(b) Except as provided under paragraphs (e) and (f), if the
44.28 	investigating agency denies the request or fails to act upon the
44.29 	request within 15 calendar working days after receiving the
44.30 	request for reconsideration, the person or facility entitled to
44.31 	a fair hearing under section 256.045 may submit to the
44.32 	commissioner of human services or the commissioner of education
44.33 	a written request for a hearing under that section.  Section
44.34 	256.045 also governs hearings requested to contest a final
44.35 	determination of the commissioner of education.  For reports
44.36 	involving maltreatment of a child in a facility, an interested
45.1 	person acting on behalf of the child may request a review by the
45.2 	Child Maltreatment Review Panel under section 256.022 if the
45.3 	investigating agency denies the request or fails to act upon the
45.4 	request or if the interested person contests a reconsidered
45.5 	determination.  The investigating agency shall notify persons
45.6 	who request reconsideration of their rights under this
45.7 	paragraph.  The request must be submitted in writing to the
45.8 	review panel and a copy sent to the investigating agency within
45.9 	30 calendar days of receipt of notice of a denial of a request
45.10 	for reconsideration or of a reconsidered determination.  The
45.11 	request must specifically identify the aspects of the agency
45.12 	determination with which the person is dissatisfied.
45.13 	(c) If, as a result of a reconsideration or review, the
45.14 	investigating agency changes the final determination of
45.15 	maltreatment, that agency shall notify the parties specified in
45.16 	subdivisions 10b, 10d, and 10f.
45.17 	(d) Except as provided under paragraph (f), if an
45.18 	individual or facility contests the investigating agency's final
45.19 	determination regarding maltreatment by requesting a fair
45.20 	hearing under section 256.045, the commissioner of human
45.21 	services shall assure that the hearing is conducted and a
45.22 	decision is reached within 90 days of receipt of the request for
45.23 	a hearing.  The time for action on the decision may be extended
45.24 	for as many days as the hearing is postponed or the record is
45.25 	held open for the benefit of either party.
45.26 	(e) Effective January 1, 2002, if an individual was
45.27 	disqualified under sections 245C.14 and 245C.15, on the basis of
45.28 	a determination of maltreatment, which was serious or recurring,
45.29 	and the individual has requested reconsideration of the
45.30 	maltreatment determination under paragraph (a) and requested
45.31 	reconsideration of the disqualification under sections 245C.21
45.32 	to 245C.27, reconsideration of the maltreatment determination
45.33 	and reconsideration of the disqualification shall be
45.34 	consolidated into a single reconsideration.  If reconsideration
45.35 	of the maltreatment determination is denied or the
45.36 	disqualification is not set aside under sections 245C.21 to
46.1 	245C.27, the individual may request a fair hearing under section
46.2 	256.045.  If an individual requests a fair hearing on the
46.3 	maltreatment determination and the disqualification, the scope
46.4 	of the fair hearing shall include both the maltreatment
46.5 	determination and the disqualification.
46.6 	(f) Effective January 1, 2002, if a maltreatment
46.7 	determination or a disqualification based on serious or
46.8 	recurring maltreatment is the basis for a denial of a license
46.9 	under section 245A.05 or a licensing sanction under section
46.10 	245A.07, the license holder has the right to a contested case
46.11 	hearing under chapter 14 and Minnesota Rules, parts 1400.8505 to
46.12 	1400.8612.  As provided for under section 245A.08, subdivision
46.13 	2a, the scope of the contested case hearing shall include the
46.14 	maltreatment determination, disqualification, and licensing
46.15 	sanction or denial of a license.  In such cases, a fair hearing
46.16 	regarding the maltreatment determination shall not be conducted
46.17 	under paragraph (b). When a fine is based on a determination
46.18 	that the license holder is responsible for maltreatment and the
46.19 	fine is issued at the same time as the maltreatment
46.20 	determination, if the license holder appeals the maltreatment
46.21 	and fine, reconsideration of the maltreatment determination
46.22 	shall not be conducted under this section.If the disqualified
46.23 	subject is an individual other than the license holder and upon
46.24 	whom a background study must be conducted under chapter 245C,
46.25 	the hearings of all parties may be consolidated into a single
46.26 	contested case hearing upon consent of all parties and the
46.27 	administrative law judge.
46.28 	(g) For purposes of this subdivision, "interested person
46.29 	acting on behalf of the child" means a parent or legal guardian;
46.30 	stepparent; grandparent; guardian ad litem; adult stepbrother,
46.31 	stepsister, or sibling; or adult aunt or uncle; unless the
46.32 	person has been determined to be the perpetrator of the
46.33 	maltreatment.

46.34 	Sec. 36. Minnesota Statutes 2004, section 626.557,
46.35 	subdivision 9d, is amended to read:
46.36 		Subd. 9d.Administrative reconsideration of final
47.1 	disposition of maltreatment and disqualification based on
47.2 	serious or recurring maltreatment; review panel.  (a) Except as
47.3 	provided under paragraph (e), any individual or facility which a
47.4 	lead agency determines has maltreated a vulnerable adult, or the
47.5 	vulnerable adult or an interested person acting on behalf of the
47.6 	vulnerable adult, regardless of the lead agency's determination,
47.7 	who contests the lead agency's final disposition of an
47.8 	allegation of maltreatment, may request the lead agency to
47.9 	reconsider its final disposition.  The request for
47.10 	reconsideration must be submitted in writing to the lead agency
47.11 	within 15 calendar days after receipt of notice of final
47.12 	disposition or, if the request is made by an interested person
47.13 	who is not entitled to notice, within 15 days after receipt of
47.14 	the notice by the vulnerable adult or the vulnerable adult's
47.15 	legal guardian. If mailed, the request for reconsideration must
47.16 	be postmarked and sent to the lead agency within 15 calendar
47.17 	days of the individual's or facility's receipt of the final
47.18 	disposition.  If the request for reconsideration is made by
47.19 	personal service, it must be received by the lead agency within
47.20 	15 calendar days of the individual's or facility's receipt of
47.21 	the final disposition.An individual who was determined to have
47.22 	maltreated a vulnerable adult under this section and who was
47.23 	disqualified on the basis of serious or recurring maltreatment
47.24 	under sections 245C.14 and 245C.15, may request reconsideration
47.25 	of the maltreatment determination and the disqualification.  The
47.26 	request for reconsideration of the maltreatment determination
47.27 	and the disqualification must be submitted in writing within 30
47.28 	calendar days of the individual's receipt of the notice of
47.29 	disqualification under sections 245C.16 and 245C.17. If mailed,
47.30 	the request for reconsideration of the maltreatment
47.31 	determination and the disqualification must be postmarked and
47.32 	sent to the lead agency within 30 calendar days of the
47.33 	individual's receipt of the notice of disqualification.  If the
47.34 	request for reconsideration is made by personal service, it must
47.35 	be received by the lead agency within 30 calendar days after the
47.36 	individual's receipt of the notice of disqualification.
48.1 	(b) Except as provided under paragraphs (e) and (f), if the
48.2 	lead agency denies the request or fails to act upon the request
48.3 	within 15 calendar working days after receiving the request for
48.4 	reconsideration, the person or facility entitled to a fair
48.5 	hearing under section 256.045, may submit to the commissioner of
48.6 	human services a written request for a hearing under that
48.7 	statute.  The vulnerable adult, or an interested person acting
48.8 	on behalf of the vulnerable adult, may request a review by the
48.9 	Vulnerable Adult Maltreatment Review Panel under section 256.021
48.10 	if the lead agency denies the request or fails to act upon the
48.11 	request, or if the vulnerable adult or interested person
48.12 	contests a reconsidered disposition.  The lead agency shall
48.13 	notify persons who request reconsideration of their rights under
48.14 	this paragraph.  The request must be submitted in writing to the
48.15 	review panel and a copy sent to the lead agency within 30
48.16 	calendar days of receipt of notice of a denial of a request for
48.17 	reconsideration or of a reconsidered disposition.  The request
48.18 	must specifically identify the aspects of the agency
48.19 	determination with which the person is dissatisfied.
48.20 	(c) If, as a result of a reconsideration or review, the
48.21 	lead agency changes the final disposition, it shall notify the
48.22 	parties specified in subdivision 9c, paragraph (d).
48.23 	(d) For purposes of this subdivision, "interested person
48.24 	acting on behalf of the vulnerable adult" means a person
48.25 	designated in writing by the vulnerable adult to act on behalf
48.26 	of the vulnerable adult, or a legal guardian or conservator or
48.27 	other legal representative, a proxy or health care agent
48.28 	appointed under chapter 145B or 145C, or an individual who is
48.29 	related to the vulnerable adult, as defined in section 245A.02,
48.30 	subdivision 13.
48.31 	(e) If an individual was disqualified under sections
48.32 	245C.14 and 245C.15, on the basis of a determination of
48.33 	maltreatment, which was serious or recurring, and the individual
48.34 	has requested reconsideration of the maltreatment determination
48.35 	under paragraph (a) and reconsideration of the disqualification
48.36 	under sections 245C.21 to 245C.27, reconsideration of the
49.1 	maltreatment determination and requested reconsideration of the
49.2 	disqualification shall be consolidated into a single
49.3 	reconsideration.  If reconsideration of the maltreatment
49.4 	determination is denied or if the disqualification is not set
49.5 	aside under sections 245C.21 to 245C.27, the individual may
49.6 	request a fair hearing under section 256.045.  If an individual
49.7 	requests a fair hearing on the maltreatment determination and
49.8 	the disqualification, the scope of the fair hearing shall
49.9 	include both the maltreatment determination and the
49.10 	disqualification.
49.11 	(f) If a maltreatment determination or a disqualification
49.12 	based on serious or recurring maltreatment is the basis for a
49.13 	denial of a license under section 245A.05 or a licensing
49.14 	sanction under section 245A.07, the license holder has the right
49.15 	to a contested case hearing under chapter 14 and Minnesota
49.16 	Rules, parts 1400.8505 to 1400.8612.  As provided for under
49.17 	section 245A.08, the scope of the contested case hearing shall
49.18 	include the maltreatment determination, disqualification, and
49.19 	licensing sanction or denial of a license.  In such cases, a
49.20 	fair hearing shall not be conducted under paragraph (b). When a
49.21 	fine is based on a determination that the license holder is
49.22 	responsible for maltreatment and the fine is issued at the same
49.23 	time as the maltreatment determination, if the license holder
49.24 	appeals the maltreatment and fine, reconsideration of the
49.25 	maltreatment determination shall not be conducted under this
49.26 	section.If the disqualified subject is an individual other
49.27 	than the license holder and upon whom a background study must be
49.28 	conducted under chapter 245C, the hearings of all parties may be
49.29 	consolidated into a single contested case hearing upon consent
49.30 	of all parties and the administrative law judge.
49.31 	(g) Until August 1, 2002, an individual or facility that
49.32 	was determined by the commissioner of human services or the
49.33 	commissioner of health to be responsible for neglect under
49.34 	section 626.5572, subdivision 17, after October 1, 1995, and
49.35 	before August 1, 2001, that believes that the finding of neglect
49.36 	does not meet an amended definition of neglect may request a
50.1 	reconsideration of the determination of neglect.  The
50.2 	commissioner of human services or the commissioner of health
50.3 	shall mail a notice to the last known address of individuals who
50.4 	are eligible to seek this reconsideration.  The request for
50.5 	reconsideration must state how the established findings no
50.6 	longer meet the elements of the definition of neglect.  The
50.7 	commissioner shall review the request for reconsideration and
50.8 	make a determination within 15 calendar days.  The
50.9 	commissioner's decision on this reconsideration is the final
50.10 	agency action.
50.11 	(1) For purposes of compliance with the data destruction
50.12 	schedule under subdivision 12b, paragraph (d), when a finding of
50.13 	substantiated maltreatment has been changed as a result of a
50.14 	reconsideration under this paragraph, the date of the original
50.15 	finding of a substantiated maltreatment must be used to
50.16 	calculate the destruction date.
50.17 	(2) For purposes of any background studies under chapter
50.18 	245C, when a determination of substantiated maltreatment has
50.19 	been changed as a result of a reconsideration under this
50.20 	paragraph, any prior disqualification of the individual under
50.21 	chapter 245C that was based on this determination of
50.22 	maltreatment shall be rescinded, and for future background
50.23 	studies under chapter 245C the commissioner must not use the
50.24 	previous determination of substantiated maltreatment as a basis
50.25 	for disqualification or as a basis for referring the
50.26 	individual's maltreatment history to a health-related licensing
50.27 	board under section 245C.31.