US Laws, Codes, Statutes & Cases

     245C.14 Disqualification. 

    Subdivision 1.    Disqualification from direct contact.  
 (a) The commissioner shall disqualify an individual who is the 
 subject of a background study from any position allowing direct 
 contact with persons receiving services from the license holder 
 or entity identified in section 245C.03, upon receipt of 
 information showing, or when a background study completed under 
 this chapter shows any of the following: 

    (1) a conviction of or admission to one or more crimes 
 listed in section 245C.15, regardless of whether the conviction 
 or admission is a felony, gross misdemeanor, or misdemeanor 
 level crime; 

    (2) a preponderance of the evidence indicates the 
 individual has committed an act or acts that meet the definition 
 of any of the crimes listed in section 245C.15, regardless of 
 whether the preponderance of the evidence is for a felony, gross 
 misdemeanor, or misdemeanor level crime; or 

    (3) an investigation results in an administrative 
 determination listed under section 245C.15, subdivision 4, 
 paragraph (b). 

    (b) No individual who is disqualified following a 
 background study under section 245C.03, subdivisions 1 and 2, 
 may be retained in a position involving direct contact with 
 persons served by a program or entity identified in section 
 245C.03, unless the commissioner has provided written notice 
 under section 245C.17 stating that: 

    (1) the individual may remain in direct contact during the 
 period in which the individual may request reconsideration as 
 provided in section 245C.21, subdivision 2; 

    (2) the commissioner has set aside the individual's 
 disqualification for that program or entity identified in 
 section 245C.03, as provided in section 245C.22, subdivision 4; 
 or 

    (3) the license holder has been granted a variance for the 
 disqualified individual under section 245C.30. 

    Subd. 2.    Disqualification from access.  (a) If an 
 individual who is studied under section 245C.03, subdivision 1, 
 clauses (2), (5), and (6), is disqualified from direct contact 
 under subdivision 1, the commissioner shall also disqualify the 
 individual from access to a person receiving services from the 
 license holder. 

    (b) No individual who is disqualified following a 
 background study under section 245C.03, subdivision 1, clauses 
 (2), (5), and (6), or as provided elsewhere in statute who is 
 disqualified as a result of this section, may be allowed access 
 to persons served by the program unless the commissioner has 
 provided written notice under section 245C.17 stating that: 

    (1) the individual may remain in direct contact during the 
 period in which the individual may request reconsideration as 
 provided in section 245C.21, subdivision 2; 

    (2) the commissioner has set aside the individual's 
 disqualification for that licensed program or entity identified 
 in section 245C.03 as provided in section 245C.22, subdivision 
 4; or 

    (3) the license holder has been granted a variance for the 
 disqualified individual under section 245C.30. 

    HIST: 2003 c 15 art 1 s 14; 2004 c 288 art 1 s 50 

Copyright 2005 by the Office of Revisor of Statutes, State of Minnesota.