SF3238

SF3238 (Legislative Session 94 (2025-2026))

Office of Administrative Hearings chief judge setting aside certain permanent disqualifications authorization provision

AI Generated Summary

Purpose of the Bill

This bill aims to modify the process by which certain individuals can have their disqualifications set aside, particularly focusing on those involved in substance use disorder treatment and individuals disqualified from certain positions due to past offenses. It allows the chief judge of the Office of Administrative Hearings to have a role in reconsidering and potentially setting aside these disqualifications under specific conditions.

Main Provisions

Risk of Harm Assessment: The commissioner or the chief judge can set aside a disqualification if it's determined that the individual does not pose a risk of harm to individuals served.
Factors for Reconsideration: Several factors must be considered in these cases, such as the nature of the disqualifying event, the time elapsed since the event, rehabilitation efforts, and maintaining family relationships in child foster care scenarios.
Employment in Substance Use Disorder Field: Allows for disqualification set-asides for individuals seeking employment in this field if they meet certain criteria, such as not being disqualified for certain violent offenses, maintaining sobriety, and completing relevant treatment.
Scope of Set-Aside Decisions: If a disqualification is set aside for one program, it may be extended to other related programs unless new disqualifying information emerges.
Permanent Disqualification Rules: Adjustments are made to allow for potential set-asides in specific circumstances, such as for non-violent offenses from long ago, or if the individual's record has been expunged or pardoned.

Significant Changes to Existing Law

The bill permits the chief judge of the Office of Administrative Hearings to set aside permanent disqualifications that were previously non-negotiable.
Introduces a process for setting aside disqualifications related to substance use disorder treatment fields more consistently.
Expands circumstances under which individuals can have disqualifications set aside, including for crimes no longer resulting in conviction or if sufficient time has passed since the sentence was served.

Relevant Terms

Disqualification
Substance use disorder
Set aside
Chief judge
Rehabilitation
Risk of harm
Background study

Bill text versions

Introduction PDF file

Actions

Date	Chamber	Where	Type	Name	Committee Name
April 02, 2025	Senate	Floor	Action	Introduction and first reading
April 02, 2025	Senate	Floor	Action	Introduction and first reading
April 02, 2025	Senate	Floor	Action	Referred to	State and Local Government

Citations

[
  {
    "analysis": {
      "added": [
        "Allows chief judge to set aside certain disqualifications."
      ],
      "removed": [
        ""
      ],
      "summary": "The legislation modifies the risk of harm set aside procedures in background studies under section 245C.22.",
      "modified": [
        "Includes detailed criteria for assessing risk of harm in setting aside disqualifications."
      ]
    },
    "citation": "245C.22",
    "subdivision": "subdivision 4"
  },
  {
    "analysis": {
      "added": [
        "Allows chief judge to set aside certain disqualifications based on specific criteria."
      ],
      "removed": [
        ""
      ],
      "summary": "The legislation modifies the permanent bar to setting aside disqualifications under section 245C.24.",
      "modified": [
        "Clarifies the conditions under which a set aside can occur."
      ]
    },
    "citation": "245C.24",
    "subdivision": "subdivision 2"
  },
  {
    "analysis": {
      "added": [
        ""
      ],
      "removed": [
        ""
      ],
      "summary": "The bill references section 624.712 subdivision 5 in relation to disqualifying crimes.",
      "modified": [
        ""
      ]
    },
    "citation": "624.712",
    "subdivision": "subdivision 5"
  },
  {
    "analysis": {
      "added": [
        ""
      ],
      "removed": [
        ""
      ],
      "summary": "Reference to controlled substances as defined in section 152.01 subdivision 4.",
      "modified": [
        ""
      ]
    },
    "citation": "152.01",
    "subdivision": "subdivision 4"
  },
  {
    "analysis": {
      "added": [
        ""
      ],
      "removed": [
        ""
      ],
      "summary": "Reference to specific drug-related offenses outlined in section 152.021 subdivision 2.",
      "modified": [
        ""
      ]
    },
    "citation": "152.021",
    "subdivision": "subdivision 2"
  },
  {
    "analysis": {
      "added": [
        ""
      ],
      "removed": [
        ""
      ],
      "summary": "Reference to specific drug-related offenses outlined in section 152.022 subdivision 2.",
      "modified": [
        ""
      ]
    },
    "citation": "152.022",
    "subdivision": "subdivision 2"
  },
  {
    "analysis": {
      "added": [
        ""
      ],
      "removed": [
        ""
      ],
      "summary": "Reference to specific drug-related offenses outlined in section 152.023 subdivision 2.",
      "modified": [
        ""
      ]
    },
    "citation": "152.023",
    "subdivision": "subdivision 2"
  },
  {
    "analysis": {
      "added": [
        ""
      ],
      "removed": [
        ""
      ],
      "summary": "Reference to section 243.166 concerning registration of predatory offenders.",
      "modified": [
        ""
      ]
    },
    "citation": "243.166",
    "subdivision": ""
  },
  {
    "analysis": {
      "added": [
        ""
      ],
      "removed": [
        ""
      ],
      "summary": "Reference to section 609.185 relating to murder in the first degree.",
      "modified": [
        ""
      ]
    },
    "citation": "609.185",
    "subdivision": ""
  },
  {
    "analysis": {
      "added": [
        ""
      ],
      "removed": [
        ""
      ],
      "summary": "Reference to indecent exposure crimes under section 617.23 subdivision 2.",
      "modified": [
        ""
      ]
    },
    "citation": "617.23",
    "subdivision": "subdivision 2"
  }
]