SF3238

SF3238 (Legislative Session 94 (2025-2026))

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

Related bill: HF3174

AI Generated Summary

Purpose of the Bill

The purpose of this bill is to allow greater flexibility in background study disqualifications. Specifically, it lets the chief judge of the Office of Administrative Hearings set aside certain permanent disqualifications based on specific criteria, thereby amending the Minnesota Statutes regarding background studies and the setting aside of disqualifications.

Main Provisions

Setting Aside Permanent Disqualifications: The bill provides for the circumstances under which the chief judge or the commissioner can set aside permanent disqualifications if the individual is deemed not to pose a risk of harm, with specific considerations highlighted.
Criteria for Consideration: Factors for consideration in setting aside disqualifications include the nature and severity of the disqualifying event, the time elapsed without repeat offenses, successful rehabilitation, and maintenance of family relationships in child foster care situations.
Specific Employment Contexts: There are special provisions for individuals seeking employment in fields such as substance use disorder treatment, where past disqualifications might be set aside if the individual meets certain conditions, such as completing treatment and maintaining abstinence.
Scope of Set Aside: Once a disqualification is set aside, it remains valid only within the context specified, which may include certain licensed programs or personal care provider organizations.

Significant Changes

Judicial Authority in Disqualifications: Introduces a new provision where the chief judge has the authority to set aside disqualifications, not just the commissioner, for specific offenses under certain conditions.
Increased Flexibility for Disqualified Individuals: The bill allows individuals previously disqualified for certain offenses to have those disqualifications reconsidered, particularly in the context of employment in specific fields like substance use disorder treatment.
Permanent Bars and Exceptions: While maintaining some strict prohibitions against setting aside disqualifications (e.g., severe crimes such as murder), the bill provides avenues for set asides even for certain permanently disqualified individuals, under specific circumstances, such as if charges were dropped or expunged.

Relevant Terms

Background studies, disqualification, set aside, Office of Administrative Hearings, chief judge, risk of harm, permanent disqualification, substance use disorder treatment, foster care, rehabilitation, criminal expungement, firearms rights restoration.

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	Referred to	State and Local Government

Citations

[
  {
    "analysis": {
      "added": [
        "Criteria for setting aside disqualifications for individuals in the substance use disorder treatment field."
      ],
      "removed": [],
      "summary": "Amendments to the criteria for setting aside disqualifications under section 245C.22, subdivision 4.",
      "modified": [
        "Details and considerations for setting aside disqualifications, specifically regarding the risk of harm."
      ]
    },
    "citation": "245C.22",
    "subdivision": "subdivision 4"
  },
  {
    "analysis": {
      "added": [
        "Clarifications for set-asides related to personal care provider organizations."
      ],
      "removed": [],
      "summary": "Adjustments to the scope of disqualification set-asides under section 245C.22, subdivision 5.",
      "modified": [
        "Updates to conditions under which previous set-asides remain valid."
      ]
    },
    "citation": "245C.22",
    "subdivision": "subdivision 5"
  },
  {
    "analysis": {
      "added": [
        "Allowances for considering variances in specific situations involving adoption and foster care."
      ],
      "removed": [],
      "summary": "Modifications to permanent disqualification and variances under section 245C.24, subdivision 2.",
      "modified": [
        "Conditions under which the chief judge can set aside certain disqualifications."
      ]
    },
    "citation": "245C.24",
    "subdivision": "subdivision 2"
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "Referenced in setting aside disqualifications related to crimes of violence.",
      "modified": []
    },
    "citation": "624.712",
    "subdivision": "subdivision 5"
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "Referenced in exceptions to crimes considered for disqualification.",
      "modified": []
    },
    "citation": "152.021",
    "subdivision": "subdivision 2"
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "Referenced in exceptions to crimes considered for disqualification.",
      "modified": []
    },
    "citation": "152.022",
    "subdivision": "subdivision 2"
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "Referenced in exceptions to crimes considered for disqualification.",
      "modified": []
    },
    "citation": "152.023",
    "subdivision": "subdivision 2"
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "Defines disqualifications related to offenses and referenced for determining set-aside eligibility.",
      "modified": []
    },
    "citation": "245C.15",
    "subdivision": "subdivision 1"
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "Provides details on offenses that are considered for permanent disqualification.",
      "modified": []
    },
    "citation": "245C.15",
    "subdivision": "subdivision 4"
  }
]