03-22-1993 Council Packet - Laserfiche WebLink

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or may nave a negative effect on tne ability of provide cnild care or is apparent during tne ncu in care; or tne person to • w***««**«>* fil»C E. abuses prescription drugs or uses controlled substances as named in Minnesota Statutes, chapter 152. or alcohol to the extent that the use or abuse impairs or nay impair the person's ability to provide child care or is apparent during the hours children are in care. Subp. 4. Reeealuation of disqualification. An applicant or license holder that is disqualified fron licensure or an employee, volunteer, or contractor of an applicant or license holder who is not permitted to work baaed on the disqualification factors in subpart 3 may request tnat the commissioner reevaluate the disqualification decision and remove the disqualification. The request for reevaluation must be made in writing and sent to the commissioner by certified mail. A. A request for reevaluation of a disqualification based on subpart 3. item A. C. D. or E must be accompanied by information establishing that the evidence relied upon by the commissioner is erroneous. The cesnsissioner shall not disregard the evidence establishing that an act described in subpart 3. item A. C. D. or E occurred based on the factors in items B and C. B. A request for reevaluation of a disqualification based on subpart 3, item B. must be accompanied by: (1) copies of information held by a person, organisation, or agency spaeifiad in Minnasota Statutes, section 34SA.03. subdivision 3. pertaining to the evidence or circumstances surrounding the incident; incident) (2) the period of time elapsed since the (3) evidence of training or rehabilitation of the applicant or licansa holder, or an employee, volunteer, or contractor of an applicant or license holder that has occurred since the incident) and (4) any other information that the applicant or license holder, or an employee, volunteer, or contractor of an applicant or license bolder believes the commissioner should consider in reevaluating the disqualification decision. C. Xn detersdning whether or not to remove the disqualification, the commisainner shall consider the consequences of the incident that led to the finding; the vulnerability of the victim of the incident; the time elapsed without a repeat of the «aae or similar incident; and documentation of successful completion of training or rehabilitation pertinent to the incident. 0. The commissioner's disposition is the final administrative agency action. Subp. S. Bvaluatioo for eaume. The commissioner nay require, before licensure or at any time during the licensed term, a physical, mental health, chemical dependency, or criadnal history evaluation of any person with direct contact with children, if the commiasioner has reasonable cause to believe any of the qualifications or requirements have not been met or that the person cannot care for children. Evaluations must be conducted by a professional qualified by license, certification, education, or training to perform the specific evaluation. Evaluation refusal may result in employment disqualification.