HF3174

Purpose of the Bill

This bill aims to modify existing laws in Minnesota to allow the chief judge of the Office of Administrative Hearings to have the authority to set aside certain permanent disqualifications. It seeks to address particular cases where individuals can demonstrate they do not pose a risk of harm, thus allowing them to be considered for employment or licenses in specific roles.

Main Provisions

• Setting Aside Disqualifications: The bill permits the commissioner or the chief judge of the Office of Administrative Hearings to override disqualifications if an individual can prove they do not pose a risk of harm. This includes considering the nature and severity of the disqualifying event, time since last offense, and successful completion of rehabilitation.
• Employment in Substance Use Disorder Treatment: Specific criteria are established for setting aside disqualifications for those seeking employment in substance use disorder fields. It includes criteria like non-involvement in violent crimes and evidence of rehabilitation.
• Disqualifications and Background Studies: An individual’s disqualification may continue to be set aside for new background studies if new information does not arise and the same program laws are applicable.
• Exceptions and Permanent Bars: There are conditions where disqualifications cannot be set aside, particularly for violent crimes or offenses involving children. However, it outlines circumstances where exceptions are possible, such as expunged records or restored civil rights.

Significant Changes to Existing Law

• Authority Expansion: The chief judge is given new authority to set aside permanent disqualifications in addition to the commissioner.
• Expanded Criteria: New provisions expand the types of evidence and circumstances under which a disqualification may be reconsidered, especially concerning those working in substance use disorder treatment.
• Guidelines for Recidivism Evidence: The bill specifies how long an individual must demonstrate no further offenses to be eligible for reconsideration.
• Limits on Set-Asides: In certain family and foster care settings, the bill restricts the ability to set aside disqualifications for severe offenses, focusing on safeguarding vulnerable groups.

Relevant Terms

• Background study
• Set aside
• Chief judge
• Disqualification
• Risk of harm
• Substance use disorder
• Rehabilitation
• Civil rights restoration
• Pardon
• Expunge