US Laws, Codes, Statutes & Cases

     245C.21 Requesting reconsideration of disqualification. 

    Subdivision 1.    Who may request reconsideration.  An 
 individual who is the subject of a disqualification may request 
 a reconsideration of the disqualification.  The individual must 
 submit the request for reconsideration to the commissioner in 
 writing. 

    Subd. 2.    Time frame for requesting reconsideration.  
 (a) When the commissioner sends an individual a notice of 
 disqualification based on a finding under section 245C.16, 
 subdivision 2, paragraph (a), clause (1) or (2), the 
 disqualified individual must submit the request for a 
 reconsideration within 30 calendar days of the individual's 
 receipt of the notice of disqualification.  If mailed, the 
 request for reconsideration must be postmarked and sent to the 
 commissioner within 30 calendar days of the individual's receipt 
 of the notice of disqualification.  If a request for 
 reconsideration is made by personal service, it must be received 
 by the commissioner within 30 calendar days after the 
 individual's receipt of the notice of disqualification.  Upon 
 showing that the information under subdivision 3 cannot be 
 obtained within 30 days, the disqualified individual may request 
 additional time, not to exceed 30 days, to obtain the 
 information. 

    (b) When the commissioner sends an individual a notice of 
 disqualification based on a finding under section 245C.16, 
 subdivision 2, paragraph (a), clause (3), the disqualified 
 individual must submit the request for reconsideration within 15 
 calendar days of the individual's receipt of the notice of 
 disqualification.  If mailed, the request for reconsideration 
 must be postmarked and sent to the commissioner within 15 
 calendar days of the individual's receipt of the notice of 
 disqualification.  If a request for reconsideration is made by 
 personal service, it must be received by the commissioner within 
 15 calendar days after the individual's receipt of the notice of 
 disqualification. 

    (c) An individual who was determined to have maltreated a 
 child under section 626.556 or a vulnerable adult under section 
 626.557, and who is disqualified on the basis of serious or 
 recurring maltreatment, may request a reconsideration of both 
 the maltreatment and the disqualification determinations.  The 
 request must be submitted within 30 calendar days of the 
 individual's receipt of the notice of disqualification.  If 
 mailed, the request for reconsideration must be postmarked and 
 sent to the commissioner within 30 calendar days of the 
 individual's receipt of the notice of disqualification.  If a 
 request for reconsideration is made by personal service, it must 
 be received by the commissioner within 30 calendar days after 
 the individual's receipt of the notice of disqualification. 

    Subd. 3.    Information disqualified individuals must 
 provide when requesting reconsideration.  The disqualified 
 individual requesting reconsideration must submit information 
 showing that: 

    (1) the information the commissioner relied upon in 
 determining the underlying conduct that gave rise to the 
 disqualification is incorrect; 

    (2) for maltreatment, the information the commissioner 
 relied upon in determining that maltreatment was serious or 
 recurring is incorrect; or 

    (3) the subject of the study does not pose a risk of harm 
 to any person served by the applicant, license holder, or other 
 entities as provided in this chapter, by addressing the 
 information required under section 245C.22, subdivision 4. 

    Subd. 4.    Notice of request for reconsideration.  Upon 
 request, the commissioner may inform the applicant, license 
 holder, or other entities as provided in this chapter who 
 received a notice of the individual's disqualification under 
 section 245C.17, subdivision 3, or has the consent of the 
 disqualified individual, whether the disqualified individual has 
 requested reconsideration. 

    HIST: 2003 c 15 art 1 s 21; 2004 c 288 art 1 s 59,60; 1Sp2005 
 c 4 art 1 s 34 

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