2003 Minnesota Statutes

     245C.23 Commissioner's reconsideration notice. 

    Subdivision 1.    Commissioner's notice of 
 disqualification that is set aside.  (a) If the commissioner 
 sets aside a disqualification, the commissioner shall notify the 
 applicant or license holder in writing or by electronic 
 transmission of the decision.  In the notice from the 
 commissioner that a disqualification has been set aside, the 
 commissioner must inform the license holder that information 
 about the nature of the disqualification and which factors under 
 section 245C.22, subdivision 4, were the basis of the decision 
 to set aside the disqualification are available to the license 
 holder upon request without the consent of the background study 
 subject. 

    (b) With the written consent of the background study 
 subject, the commissioner may release to the license holder 
 copies of all information related to the background study 
 subject's disqualification and the commissioner's decision to 
 set aside the disqualification as specified in the written 
 consent. 

    (c) If the individual studied submits a timely request for 
 reconsideration under section 245C.21, and if the commissioner 
 sets aside the disqualification for that license holder under 
 section 245C.22, the commissioner shall send the license holder 
 the same notification received by license holders in cases where 
 the individual studied has no disqualifying characteristic. 

    Subd. 2.    Commissioner's notice of disqualification that 
 is not set aside.  If the individual studied does not submit a 
 timely request for reconsideration under section 245C.21, or the 
 individual submits a timely request for reconsideration, but the 
 commissioner does not set aside the disqualification for that 
 license holder under section 245C.22, the commissioner shall 
 notify the license holder of the disqualification and order the 
 license holder to immediately remove the individual from any 
 position allowing direct contact with persons receiving services 
 from the license holder. 

    HIST: 2003 c 15 art 1 s 23