1.2relating to human services; modifying set aside considerations;amending
1.3Minnesota Statutes 2012, section 245C.22, subdivision 4.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.5    Section 1. Minnesota Statutes 2012, section 245C.22, subdivision 4, is amended to read:
1.6    Subd. 4. Risk of harm; set aside. (a) The commissioner may set aside the
1.7disqualification if the commissioner finds that the individual has submitted sufficient
1.8information to demonstrate that the individual does not pose a risk of harm to any person
1.9served by the applicant, license holder, or other entities as provided in this chapter.
1.10    (b) In determining whether the individual has met the burden of proof by
1.11demonstrating the individual does not pose a risk of harm, the commissioner shall consider:
1.12    (1) the nature, severity, and consequences of the event or events that led to the
1.13disqualification;
1.14    (2) whether there is more than one disqualifying event;
1.15    (3) the age and vulnerability of the victim at the time of the event;
1.16    (4) the harm suffered by the victim;
1.17    (5) vulnerability of persons served by the program;
1.18    (6) the similarity between the victim and persons served by the program;
1.19    (7) the time elapsed without a repeat of the same or similar event;
1.20    (8) documentation of successful completion by the individual studied of training or
1.21rehabilitation pertinent to the event; and
1.22    (9) recommendations of a current or past employer in a similar program or agency;
1.23and
1.24    (9) (10) any other information relevant to reconsideration.
2.1    (c) If the individual requested reconsideration on the basis that the information
2.2relied upon to disqualify the individual was incorrect or inaccurate and the commissioner
2.3determines that the information relied upon to disqualify the individual is correct, the
2.4commissioner must also determine if the individual poses a risk of harm to persons
2.5receiving services in accordance with paragraph (b).