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03-22-1993 Council Packet
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03-22-1993 Council Packet
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A. conviction records of the Minnesota Bureau of Criminal Apprehension in which the last date of discharge from Che criminal justice system is less than 15 years;B. records of substantiated abuse or neglect of vulnerable adults and maltreatment of minors in licensed programs that are dated within seven years;C. any other informations including arrest and <br />investigative information from the Minnesota Bureau of Criminal <br />Apprehension, county attorneys, county sheriffs, courts, county <br />agencies, local police, the national record repository, criminal <br />records of other states, and juvenile court records on a subject <br />identified in part 9543.3030, item B, that relate to delinquency <br />proceedings within the five years preceding application or <br />preceding the subject's 18th birthday, whichever period is <br />longer, provided that the commissioner has reasonable cause to <br />believe that the information is pertinent to disqualification of <br />a subject. "Reasonable cause to believe" means that information <br />or circumstances exist which provide the commissioner with <br />articulable suspicion that further pertinent information may <br />exist concerning a subject. <br />Subp. 3. Determination of disqualification. The <br />commissioner shall evaluate the results of the study and any <br />other information available to the commissioner and shall <br />determine whether a subject is disqualified under part 9543.3070 <br />Subp. 4. Notice by commissioner to subject. Within 15 <br />working days, the commissioner shall notify the subject in <br />writing of the results of the background study or that <br />additional time is needed to complete the study. If the study <br />indicates a subject is disqualified, the notice shall state: <br />A. the reason for disqualification and either: <br />(1) have attached a copy of the records relied <br />upon by the commissioner; or <br />(2) state how to obtain the records relied upon <br />by the commissioner; <br />B. the procedures for requesting the commissioner to <br />reconsider the disqualification; and <br />C. the factors to be considered by the commissioner <br />under part 9543.3080 in the decision whether to set aside the <br />disqualification. <br />Subp. 5. Notice by commissioner to provider. Within 15 <br />working days, the commissicner shall notify the provider that: <br />A. the subject is not disqualified
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