245C.23 COMMISSIONER'S RECONSIDERATION NOTICE.
Subdivision 1. Disqualification that is rescinded or set aside.
If the commissioner rescinds
or sets aside a disqualification, the commissioner shall notify the applicant, license holder, or other
entity in writing or by electronic transmission of the decision. In the notice from the commissioner
that a disqualification has been rescinded, the commissioner must inform the applicant, license
holder, or other entity that the information relied upon to disqualify the individual was incorrect.
In the notice from the commissioner that a disqualification has been set aside, the commissioner
must inform the applicant, license holder, or other entity of the reason for the individual's
disqualification and that information about 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.
Subd. 2. Commissioner's notice of disqualification that is not set aside.
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 if:
(1) the individual studied does not submit a timely request for reconsideration under section
(2) the individual submits a timely request for reconsideration, but the commissioner does
not set aside the disqualification for that license holder under section
(3) an individual who has a right to request a hearing under sections
and chapter 14 for a disqualification that has not been set aside, does not request a
hearing within the specified time; or
(4) an individual submitted a timely request for a hearing under sections
and chapter 14, but the commissioner does not set aside the disqualification
245A.08, subdivision 5
(b) If the commissioner does not set aside the disqualification under section
the license holder was previously ordered under section
to immediately remove the
disqualified individual from direct contact with persons receiving services or to ensure that the
individual is under continuous, direct supervision when providing direct contact services, the
order remains in effect pending the outcome of a hearing under sections
and chapter 14.
(c) For background studies related to child foster care, the commissioner shall also notify the
county or private agency that initiated the study of the results of the reconsideration.
History: 2003 c 15 art 1 s 23; 2004 c 288 art 1 s 65,66; 1Sp2005 c 4 art 1 s 38; 2007 c
147 art 3 s 21