1.1.................... moves to amend H.F. No. 1114, the first engrossment, as follows:
1.2Page 40, after line 7, insert:


1.5    Section 1. Minnesota Statutes 2012, section 245C.04, is amended to read:
1.6245C.04 WHEN BACKGROUND STUDY MUST OCCUR.
1.7    Subdivision 1. Licensed programs. (a) The commissioner shall conduct a
1.8background study of an individual required to be studied under section 245C.03,
1.9subdivision 1 , at least upon application for initial license for all license types.
1.10    (b) The commissioner shall conduct a background study of an individual required
1.11to be studied under section 245C.03, subdivision 1, at reapplication for a license for
1.12family child care.
1.13    (c) The commissioner is not required to conduct a study of an individual at the time
1.14of reapplication for a license if the individual's background study was completed by the
1.15commissioner of human services for an adult foster care license holder that is also:
1.16    (1) registered under chapter 144D; or
1.17    (2) licensed to provide home and community-based services to people with
1.18disabilities at the foster care location and the license holder does not reside in the foster
1.19care residence; and
1.20    (3) the following conditions are met:
1.21    (i) a study of the individual was conducted either at the time of initial licensure or
1.22when the individual became affiliated with the license holder;
1.23    (ii) the individual has been continuously affiliated with the license holder since
1.24the last study was conducted; and
1.25    (iii) the last study of the individual was conducted on or after October 1, 1995.
2.1    (d) From July 1, 2007, to June 30, 2009, the commissioner of human services shall
2.2conduct a study of an individual required to be studied under section 245C.03, at the
2.3time of reapplication for a child foster care license. The county or private agency shall
2.4collect and forward to the commissioner the information required under section 245C.05,
2.5subdivisions 1, paragraphs (a) and (b), and 5, paragraphs (a) and (b). The background
2.6study conducted by the commissioner of human services under this paragraph must
2.7include a review of the information required under section 245C.08, subdivisions 1,
2.8paragraph (a), clauses (1) to (5), 3, and 4.
2.9    (e) The commissioner of human services shall conduct a background study of an
2.10individual specified under section 245C.03, subdivision 1, paragraph (a), clauses (2)
2.11to (6), who is newly affiliated with a child foster care license holder. The county or
2.12private agency shall collect and forward to the commissioner the information required
2.13under section 245C.05, subdivisions 1 and 5. The background study conducted by the
2.14commissioner of human services under this paragraph must include a review of the
2.15information required under section 245C.08, subdivisions 1, 3, and 4.
2.16    (f) From January 1, 2010, to December 31, 2012, unless otherwise specified in
2.17paragraph (c), the commissioner shall conduct a study of an individual required to
2.18be studied under section 245C.03 at the time of reapplication for an adult foster care
2.19or family adult day services license: (1) the county shall collect and forward to the
2.20commissioner the information required under section 245C.05, subdivision 1, paragraphs
2.21(a) and (b), and subdivision 5, paragraphs (a) and (b), for background studies conducted
2.22by the commissioner for all family adult day services and for adult foster care when
2.23the adult foster care license holder resides in the adult foster care or family adult day
2.24services residence; (2) the license holder shall collect and forward to the commissioner
2.25the information required under section 245C.05, subdivisions 1, paragraphs (a) and (b);
2.26and 5, paragraphs (a) and (b), for background studies conducted by the commissioner for
2.27adult foster care when the license holder does not reside in the adult foster care residence;
2.28and (3) the background study conducted by the commissioner under this paragraph must
2.29include a review of the information required under section 245C.08, subdivision 1,
2.30paragraph (a), clauses (1) to (5), and subdivisions 3 and 4.
2.31(g) The commissioner shall conduct a background study of an individual specified
2.32under section 245C.03, subdivision 1, paragraph (a), clauses (2) to (6), who is newly
2.33affiliated with an adult foster care or family adult day services license holder: (1) the
2.34county shall collect and forward to the commissioner the information required under
2.35section 245C.05, subdivision 1, paragraphs (a) and (b), and subdivision 5, paragraphs (a)
2.36and (b), for background studies conducted by the commissioner for all family adult day
3.1services and for adult foster care when the adult foster care license holder resides in
3.2the adult foster care residence; (2) the license holder shall collect and forward to the
3.3commissioner the information required under section 245C.05, subdivisions 1, paragraphs
3.4(a) and (b); and 5, paragraphs (a) and (b), for background studies conducted by the
3.5commissioner for adult foster care when the license holder does not reside in the adult
3.6foster care residence; and (3) the background study conducted by the commissioner under
3.7this paragraph must include a review of the information required under section 245C.08,
3.8subdivision 1 , paragraph (a), and subdivisions 3 and 4.
3.9(h) Applicants for licensure, license holders, and other entities as provided in this
3.10chapter must submit completed background study forms requests to the commissioner
3.11using the electronic system known as NETStudy before individuals specified in section
3.12245C.03, subdivision 1 , begin positions allowing direct contact in any licensed program.
3.13    (i) A license holder must initiate a new background study through the commissioner's
3.14online background study system NETStudy when:
3.15    (1) an individual returns to a position requiring a background study following an
3.16absence of 90 120 or more consecutive days; or
3.17    (2) a program that discontinued providing licensed direct contact services for 90 120
3.18 or more consecutive days begins to provide direct contact licensed services again.
3.19    The license holder shall maintain a copy of the notification provided to
3.20the commissioner under this paragraph in the program's files. If the individual's
3.21disqualification was previously set aside for the license holder's program and the new
3.22background study results in no new information that indicates the individual may pose a
3.23risk of harm to persons receiving services from the license holder, the previous set-aside
3.24shall remain in effect.
3.25    (j) For purposes of this section, a physician licensed under chapter 147 is considered
3.26to be continuously affiliated upon the license holder's receipt from the commissioner of
3.27health or human services of the physician's background study results.
3.28(k) For purposes of family child care, a substitute caregiver must receive repeat
3.29background studies at the time of each license renewal.
3.30    Subd. 2. Other state agencies. Applicants and license holders under the jurisdiction
3.31of other state agencies who are required in other statutory sections to initiate background
3.32studies under this chapter must submit completed background study forms to the
3.33commissioner before the background study subject begins in a position allowing direct
3.34contact in the licensed program or, where applicable, prior to being employed.
3.35    Subd. 3. Personal care provider organizations. (a) The commissioner shall
3.36conduct a background study of an individual required to be studied under section 245C.03,
4.1subdivision 2 , at least upon application for initial enrollment under sections 256B.0651 to
4.2256B.0656 and 256B.0659.
4.3(b) Organizations required to initiate background studies under sections 256B.0651
4.4to 256B.0656 and 256B.0659 for individuals described in section 245C.03, subdivision 2,
4.5must submit a completed background study form request to the commissioner using the
4.6electronic system known as NETStudy before those individuals begin a position allowing
4.7direct contact with persons served by the organization.
4.8(c) Organizations required to initiate background studies under sections 256B.0651
4.9to 256B.0656 and 256B.0659 for individuals described in section 245C.03, subdivision 2,
4.10must initiate a new background study through NETStudy when an individual returns to a
4.11position requiring a background study following an absence of 120 or more consecutive
4.12days.
4.13    Subd. 4. Supplemental nursing services agencies. (a) The commissioner shall
4.14conduct a background study of an individual required to be studied under section 245C.03,
4.15subdivision 3 , at least upon application for registration under section 144A.71, subdivision
4.161 .
4.17(b) Each supplemental nursing services agency must initiate background studies
4.18using the electronic system known as NETStudy before an individual begins a position
4.19allowing direct contact with persons served by the agency and annually thereafter.
4.20    Subd. 5. Personnel agencies; educational programs; professional services
4.21agencies. Agencies, programs, and individuals who initiate background studies under
4.22section 245C.03, subdivision 4, must initiate the studies annually using the electronic
4.23system known as NETStudy.
4.24    Subd. 6. Unlicensed home and community-based waiver providers of service to
4.25seniors and individuals with disabilities. (a) Providers required to initiate background
4.26studies under section 256B.4912 must initiate a study using the electronic system known
4.27as NETStudy before the individual begins in a position allowing direct contact with
4.28persons served by the provider.
4.29(b) Except as provided in paragraph (c), the providers must initiate a background
4.30study annually of an individual required to be studied under section 245C.03, subdivision 6.
4.31(c) After an initial background study under this subdivision is initiated on an
4.32individual by a provider of both services licensed by the commissioner and the unlicensed
4.33services under this subdivision, a repeat annual background study is not required if:
4.34(1) the provider maintains compliance with the requirements of section 245C.07,
4.35paragraph (a), regarding one individual with one address and telephone number as the
4.36person to receive sensitive background study information for the multiple programs that
5.1depend on the same background study, and that the individual who is designated to receive
5.2the sensitive background information is capable of determining, upon the request of the
5.3commissioner, whether a background study subject is providing direct contact services
5.4in one or more of the provider's programs or services and, if so, at which location or
5.5locations; and
5.6(2) the individual who is the subject of the background study provides direct
5.7contact services under the provider's licensed program for at least 40 hours per year so
5.8the individual will be recognized by a probation officer or corrections agent to prompt
5.9a report to the commissioner regarding criminal convictions as required under section
5.10245C.05, subdivision 7 .
5.11    Subd. 7. New study required with legal name change. For a background study
5.12completed on an individual required to be studied under section 245C.03, the license
5.13holder or other entity that initiated the background study must initiate a new background
5.14study using the electronic system known as NETStudy when an individual who is affiliated
5.15with the license holder or other entity undergoes a legal name change.

5.16    Sec. 2. Minnesota Statutes 2012, section 245C.05, subdivision 6, is amended to read:
5.17    Subd. 6. Applicant, license holder, other entities, and agencies. (a) The applicant,
5.18license holder, other entities as provided in this chapter, Bureau of Criminal Apprehension,
5.19law enforcement agencies, commissioner of health, and county agencies shall help with
5.20the study by giving the commissioner criminal conviction data and reports about the
5.21maltreatment of adults substantiated under section 626.557 and the maltreatment of
5.22minors substantiated under section 626.556.
5.23(b) If a background study is initiated by an applicant, license holder, or other entities
5.24as provided in this chapter, and the applicant, license holder, or other entity receives
5.25information about the possible criminal or maltreatment history of an individual who is
5.26the subject of the background study, the applicant, license holder, or other entity must
5.27immediately provide the information to the commissioner.
5.28(c) The program or county or other agency must provide written notice to the
5.29individual who is the subject of the background study of the requirements under this
5.30subdivision.

5.31    Sec. 3. Minnesota Statutes 2012, section 245C.08, subdivision 1, is amended to read:
5.32    Subdivision 1. Background studies conducted by Department of Human
5.33Services. (a) For a background study conducted by the Department of Human Services,
5.34the commissioner shall review:
6.1    (1) information related to names of substantiated perpetrators of maltreatment of
6.2vulnerable adults that has been received by the commissioner as required under section
6.3626.557, subdivision 9c , paragraph (j);
6.4    (2) the commissioner's records relating to the maltreatment of minors in licensed
6.5programs, and from findings of maltreatment of minors as indicated through the social
6.6service information system;
6.7    (3) information from juvenile courts as required in subdivision 4 for individuals
6.8listed in section 245C.03, subdivision 1, paragraph (a), when there is reasonable cause;
6.9    (4) information from the Bureau of Criminal Apprehension;
6.10    (5) except as provided in clause (6), information from the national crime information
6.11system when the commissioner has reasonable cause as defined under section 245C.05,
6.12subdivision 5; and
6.13    (6) for a background study related to a child foster care application for licensure or
6.14adoptions, the commissioner shall also review:
6.15    (i) information from the child abuse and neglect registry for any state in which the
6.16background study subject has resided for the past five years; and
6.17    (ii) information from national crime information databases, when the background
6.18study subject is 18 years of age or older.
6.19    (b) Notwithstanding expungement by a court, the commissioner may consider
6.20information obtained under paragraph (a), clauses (3) and (4), unless the commissioner
6.21received notice of the petition for expungement and the court order for expungement is
6.22directed specifically to the commissioner.
6.23(c) When the commissioner has reasonable cause to believe that the identity of
6.24a background study subject is uncertain, the commissioner may require the subject to
6.25provide a set of classifiable fingerprints for purposes of completing a fingerprint-based
6.26record check with the Bureau of Criminal Apprehension.

6.27    Sec. 4. Minnesota Statutes 2012, section 245C.16, subdivision 1, is amended to read:
6.28    Subdivision 1. Determining immediate risk of harm. (a) If the commissioner
6.29determines that the individual studied has a disqualifying characteristic, the commissioner
6.30shall review the information immediately available and make a determination as to the
6.31subject's immediate risk of harm to persons served by the program where the individual
6.32studied will have direct contact with, or access to, people receiving services.
6.33    (b) The commissioner shall consider all relevant information available, including the
6.34following factors in determining the immediate risk of harm:
6.35    (1) the recency of the disqualifying characteristic;
7.1    (2) the recency of discharge from probation for the crimes;
7.2    (3) the number of disqualifying characteristics;
7.3    (4) the intrusiveness or violence of the disqualifying characteristic;
7.4    (5) the vulnerability of the victim involved in the disqualifying characteristic;
7.5    (6) the similarity of the victim to the persons served by the program where the
7.6individual studied will have direct contact;
7.7    (7) whether the individual has a disqualification from a previous background study
7.8that has not been set aside; and
7.9    (8) if the individual has a disqualification which may not be set aside because it is
7.10a permanent bar under section 245C.24, subdivision 1, the commissioner may order the
7.11immediate removal of the individual from any position allowing direct contact with, or
7.12access to, persons receiving services from the program.
7.13    (c) This section does not apply when the subject of a background study is regulated
7.14by a health-related licensing board as defined in chapter 214, and the subject is determined
7.15to be responsible for substantiated maltreatment under section 626.556 or 626.557.
7.16    (d) This section does not apply to a background study related to an initial application
7.17for a child foster care license.
7.18(e) Except for paragraph (f), this section does not apply to a background study that
7.19is also subject to the requirements under section 256B.0659, subdivisions 11 and 13, for
7.20a personal care assistant or a qualified professional as defined in section 256B.0659,
7.21subdivision 1 .
7.22    (f) If the commissioner has reason to believe, based on arrest information or an
7.23active maltreatment investigation, that an individual poses an imminent risk of harm to
7.24persons receiving services, the commissioner may order that the person be continuously
7.25supervised or immediately removed pending the conclusion of the maltreatment
7.26investigation or criminal proceedings.

7.27    Sec. 5. Minnesota Statutes 2012, section 245C.20, subdivision 1, is amended to read:
7.28    Subdivision 1. Background studies initiated by program. A licensed program
7.29shall document the date the program initiates a background study under this chapter
7.30 and the date the subject of the study first has direct contact with persons served by the
7.31program in the program's personnel files. When a background study is completed under
7.32this chapter, a licensed program shall maintain a notice that the study was undertaken and
7.33completed in the program's personnel files. Except when background studies are initiated
7.34through the commissioner's online system, if a licensed program has not received a
7.35response from the commissioner under section 245C.17 within 45 days of initiation of the
8.1background study request, the licensed program must contact the human services licensing
8.2division to inquire about the status of the study. If a license holder initiates a background
8.3study under the commissioner's online system, but the background study subject's name
8.4does not appear in the list of active or recent studies initiated by that license holder, the
8.5license holder must either contact the human services licensing division or resubmit the
8.6background study information online for that individual.

8.7    Sec. 6. Minnesota Statutes 2012, section 245C.22, subdivision 1, is amended to read:
8.8    Subdivision 1. Time frame; response to disqualification reconsideration
8.9requests. (a) The commissioner shall respond in writing or by electronic transmission to
8.10all reconsideration requests for which the basis for the request is that the information the
8.11commissioner relied upon to disqualify is incorrect or inaccurate within 30 working days
8.12of receipt of a complete request and all required relevant information.
8.13(b) If the basis for a disqualified individual's reconsideration request is that the
8.14individual does not pose a risk of harm, the commissioner shall respond to the request
8.15within 15 working days after receiving the a complete request for reconsideration and
8.16all required relevant information.
8.17(c) If the disqualified individual's reconsideration request is based on both the
8.18correctness or accuracy of the information the commissioner relied upon to disqualify the
8.19individual and the individual's risk of harm, the commissioner shall respond to the request
8.20within 45 working days after receiving the a complete request for reconsideration and
8.21all required relevant information.

8.22    Sec. 7. Minnesota Statutes 2012, section 245C.23, subdivision 2, is amended to read:
8.23    Subd. 2. Commissioner's notice of disqualification that is not set aside. (a) The
8.24commissioner shall notify the license holder of the disqualification and order the license
8.25holder to immediately remove the individual from any position allowing direct contact
8.26with persons receiving services from the license holder if:
8.27    (1) the individual studied does not submit a timely request for reconsideration
8.28under section 245C.21;
8.29    (2) the individual submits a timely request for reconsideration, but the commissioner
8.30does not set aside the disqualification for that license holder under section 245C.22, unless
8.31the individual has a right to request a hearing under section 245C.27, 245C.28, or 256.045;
8.32    (3) an individual who has a right to request a hearing under sections 245C.27 and
8.33256.045 , or 245C.28 and chapter 14 for a disqualification that has not been set aside, does
8.34not request a hearing within the specified time; or
9.1    (4) an individual submitted a timely request for a hearing under sections 245C.27
9.2and 256.045, or 245C.28 and chapter 14, but the commissioner does not set aside the
9.3disqualification under section 245A.08, subdivision 5, or 256.045.
9.4    (b) If the commissioner does not set aside the disqualification under section 245C.22,
9.5and the license holder was previously ordered under section 245C.17 to immediately
9.6remove the disqualified individual from direct contact with persons receiving services or
9.7to ensure that the individual is under continuous, direct supervision when providing direct
9.8contact services, the order remains in effect pending the outcome of a hearing under
9.9sections 245C.27 and 256.045, or 245C.28 and chapter 14.
9.10(c) If the commissioner does not set aside the disqualification under section 245C.22,
9.11and the license holder was not previously ordered under section 245C.17 to immediately
9.12remove the disqualified individual from direct contact with persons receiving services or
9.13to ensure that the individual is under continuous direct supervision when providing direct
9.14contact services, the commissioner shall order the individual to remain under continuous
9.15direct supervision pending the outcome of a hearing under sections 245C.27 and 256.045,
9.16or 245C.28 and chapter 14.
9.17    (c) (d) For background studies related to child foster care, the commissioner shall
9.18also notify the county or private agency that initiated the study of the results of the
9.19reconsideration.
9.20(d) (e) For background studies related to adult foster care and family adult day
9.21services, the commissioner shall also notify the county that initiated the study of the
9.22results of the reconsideration.

9.23    Sec. 8. Minnesota Statutes 2012, section 245C.28, subdivision 1, is amended to read:
9.24    Subdivision 1. License holder. (a) If a maltreatment determination or a
9.25disqualification for which reconsideration was timely requested and which was not set
9.26aside is the basis for a denial of a license under section 245A.05 or a licensing sanction
9.27under section 245A.07, the license holder has the right to a contested case hearing under
9.28chapter 14 and Minnesota Rules, parts 1400.8505 to 1400.8612. The license holder must
9.29submit the appeal under section 245A.05 or 245A.07, subdivision 3.
9.30    (b) As provided under section 245A.08, subdivision 2a, if the denial of a license
9.31or licensing sanction is based on a disqualification for which reconsideration was timely
9.32requested and was not set aside, the scope of the consolidated contested case hearing
9.33must include:
9.34    (1) the disqualification, to the extent the license holder otherwise has a hearing right
9.35on the disqualification under this chapter; and
10.1    (2) the licensing sanction or denial of a license.
10.2    (c) As provided for under section 245A.08, subdivision 2a, if the denial of a license
10.3or licensing sanction is based on a determination of maltreatment under section 626.556
10.4or 626.557, or a disqualification for serious or recurring maltreatment which was not set
10.5aside, the scope of the contested case hearing must include:
10.6    (1) the maltreatment determination, if the maltreatment is not conclusive under
10.7section 245C.29;
10.8    (2) the disqualification, if the disqualification is not conclusive under section
10.9245C.29 ; and
10.10    (3) the licensing sanction or denial of a license. In such cases, a fair hearing must not
10.11be conducted under section 256.045. If the disqualification was based on a determination
10.12of substantiated serious or recurring maltreatment under section 626.556 or 626.557, the
10.13appeal must be submitted under sections 245A.07, subdivision 3, and 626.556, subdivision
10.1410i, or 626.557, subdivision 9d.
10.15    (d) Except for family child care and child foster care, reconsideration of a
10.16maltreatment determination under sections 626.556, subdivision 10i, and 626.557,
10.17subdivision 9d, and reconsideration of a disqualification under section 245C.22, must
10.18not be conducted when:
10.19    (1) a denial of a license under section 245A.05, or a licensing sanction under section
10.20245A.07 , is based on a determination that the license holder is responsible for maltreatment
10.21or the disqualification of a license holder based on serious or recurring maltreatment;
10.22    (2) the denial of a license or licensing sanction is issued at the same time as the
10.23maltreatment determination or disqualification; and
10.24    (3) the license holder appeals the maltreatment determination, disqualification, and
10.25denial of a license or licensing sanction. In such cases a fair hearing under section 256.045
10.26must not be conducted under sections 245C.27, 626.556, subdivision 10i, and 626.557,
10.27subdivision 9d. Under section 245A.08, subdivision 2a, the scope of the consolidated
10.28contested case hearing must include the maltreatment determination, disqualification, and
10.29denial of a license or licensing sanction.
10.30    Notwithstanding clauses (1) to (3), if the license holder appeals the maltreatment
10.31determination or disqualification, but does not appeal the denial of a license or a licensing
10.32sanction, reconsideration of the maltreatment determination shall be conducted under
10.33sections 626.556, subdivision 10i, and 626.557, subdivision 9d, and reconsideration of the
10.34disqualification shall be conducted under section 245C.22. In such cases, a fair hearing
10.35shall also be conducted as provided under sections 245C.27, 626.556, subdivision 10i, and
10.36626.557, subdivision 9d .

11.1    Sec. 9. Minnesota Statutes 2012, section 245C.28, subdivision 3, is amended to read:
11.2    Subd. 3. Employees of public employer. (a) A disqualified individual who is an
11.3employee of an employer, as defined in section 179A.03, subdivision 15, may request
11.4a contested case hearing under chapter 14, and specifically Minnesota Rules, parts
11.51400.8505 to 1400.8612, following a reconsideration decision under section 245C.23,
11.6unless the disqualification is deemed conclusive under section 245C.29. The request for a
11.7contested case hearing must be made in writing and must be postmarked and sent within
11.830 calendar days after the employee receives notice of the reconsideration decision. If
11.9the individual was disqualified based on a conviction or admission to any crimes listed in
11.10section 245C.15, the scope of the contested case hearing shall be limited solely to whether
11.11the individual poses a risk of harm pursuant to section 245C.22.
11.12(b) When an individual is disqualified based on a maltreatment determination, the
11.13scope of the contested case hearing under paragraph (a), must include the maltreatment
11.14determination and the disqualification. In such cases, a fair hearing must not be conducted
11.15under section 256.045.
11.16(c) Rules adopted under this chapter may not preclude an employee in a contested
11.17case hearing for a disqualification from submitting evidence concerning information
11.18gathered under this chapter.
11.19(d) When an individual has been disqualified from multiple licensed programs, if
11.20at least one of the disqualifications entitles the person to a contested case hearing under
11.21this subdivision, the scope of the contested case hearing shall include all disqualifications
11.22from licensed programs.
11.23(e) In determining whether the disqualification should be set aside, the administrative
11.24law judge shall consider all of the characteristics that cause the individual to be disqualified,
11.25as well as all the factors set forth in section 245C.22, in order to determine whether the
11.26individual poses has met the burden of demonstrating that the individual does not pose
11.27 a risk of harm. The administrative law judge's recommendation and the commissioner's
11.28order to set aside a disqualification that is the subject of the hearing constitutes a
11.29determination that the individual does not pose a risk of harm and that the individual may
11.30provide direct contact services in the individual program specified in the set aside.
11.31(f) An individual may not request a contested case hearing under this section if a
11.32contested case hearing has previously been held regarding the individual's disqualification
11.33on the same basis.

11.34    Sec. 10. Minnesota Statutes 2012, section 245C.29, subdivision 2, is amended to read:
12.1    Subd. 2. Conclusive disqualification determination. (a) Unless otherwise
12.2specified in statute, a determination that:
12.3(1) the information the commissioner relied upon to disqualify an individual under
12.4section 245C.14 was correct based on serious or recurring maltreatment;
12.5(2) a preponderance of the evidence shows that the individual committed an act or
12.6acts that meet the definition of any of the crimes listed in section 245C.15; or
12.7(3) the individual failed to make required reports under section 626.556, subdivision
12.83 , or 626.557, subdivision 3, is conclusive if: A disqualification is conclusive for purposes
12.9of current and future background studies if:
12.10(i) (1) the commissioner has issued a final order in an appeal of that determination
12.11 the disqualification under section 245A.08, subdivision 5, 245C.28, subdivision 3, or
12.12256.045 , or a court has issued a final decision;
12.13(ii) (2) the individual did not request reconsideration of the disqualification under
12.14section 245C.21 on the basis that the information relied upon to disqualify the individual
12.15was incorrect; or
12.16(iii) (3) the individual did not timely request a hearing on the disqualification under
12.17section 256.045 or this chapter, chapter 14, or section 256.045 after previously being
12.18given the right to do so.
12.19(b) When a licensing action under section 245A.05, 245A.06, or 245A.07 is based
12.20on the disqualification of an individual in connection with a license to provide family child
12.21care, foster care for children in the provider's own home, or foster care services for adults
12.22in the provider's own home, that disqualification shall be conclusive for purposes of the
12.23licensing action if a request for reconsideration was not submitted within 30 calendar days
12.24of the individual's receipt of the notice of disqualification.
12.25(c) If a determination that the information relied upon to disqualify an individual
12.26was correct and disqualification is conclusive under this section, and the individual is
12.27subsequently disqualified under section 245C.15, the individual has a right to request
12.28reconsideration on the risk of harm under section 245C.21 unless the commissioner is
12.29barred from setting aside the disqualification under 245C.24. Subsequent determinations
12.30 The commissioner's decision regarding the risk of harm shall be made according to section
12.31245C.22 and are not subject to another the final agency decision and is not subject to a
12.32 hearing under this chapter, section 256.045 or chapter 14, or section 256.045.

12.33    Sec. 11. Minnesota Statutes 2012, section 256.045, subdivision 3b, is amended to read:
12.34    Subd. 3b. Standard of evidence for maltreatment and disqualification hearings.
12.35(a) The state human services referee shall determine that maltreatment has occurred if a
13.1preponderance of evidence exists to support the final disposition under sections 626.556
13.2and 626.557. For purposes of hearings regarding disqualification, the state human services
13.3referee shall affirm the proposed disqualification in an appeal under subdivision 3,
13.4paragraph (a), clause (9), if a preponderance of the evidence shows the individual has:
13.5(1) committed maltreatment under section 626.556 or 626.557, which is serious or
13.6recurring;
13.7(2) committed an act or acts meeting the definition of any of the crimes listed in
13.8section 245C.15, subdivisions 1 to 4; or
13.9(3) failed to make required reports under section 626.556 or 626.557, for incidents
13.10in which the final disposition under section 626.556 or 626.557 was substantiated
13.11maltreatment that was serious or recurring.
13.12(b) If the disqualification is affirmed, the state human services referee shall
13.13determine whether the individual poses a risk of harm in accordance with the requirements
13.14of section 245C.22, and whether the disqualification should be set aside or not set aside.
13.15In determining whether the disqualification should be set aside, the human services
13.16referee shall consider all of the characteristics that cause the individual to be disqualified,
13.17including those characteristics that were not subject to review under paragraph (a), in
13.18order to determine whether the individual poses a risk of harm. A decision to set aside
13.19a disqualification that is the subject of the hearing constitutes a determination that the
13.20individual does not pose a risk of harm and that the individual may provide direct contact
13.21services in the individual program specified in the set aside. If a determination that the
13.22information relied upon to disqualify an individual was correct and is conclusive under
13.23section 245C.29, and the individual is subsequently disqualified under section 245C.14,
13.24the individual has a right to again request reconsideration on the risk of harm under section
13.25245C.21. Subsequent determinations regarding risk of harm are not subject to another
13.26hearing under this section.
13.27(c) If a disqualification is based solely on a conviction or is conclusive for any
13.28reason under section 245C.29, the disqualified individual does not have a right to a
13.29hearing under this section.
13.30(c) (d) The state human services referee shall recommend an order to the
13.31commissioner of health, education, or human services, as applicable, who shall issue a
13.32final order. The commissioner shall affirm, reverse, or modify the final disposition. Any
13.33order of the commissioner issued in accordance with this subdivision is conclusive upon
13.34the parties unless appeal is taken in the manner provided in subdivision 7. In any licensing
13.35appeal under chapters 245A and 245C and sections 144.50 to 144.58 and 144A.02 to
14.1144A.46 , the commissioner's determination as to maltreatment is conclusive, as provided
14.2under section 245C.29."
14.3Renumber the sections in sequence and correct the internal references
14.4Amend the title accordingly