Request reconsideration

A person who is disqualified can challenge their disqualification through the reconsideration and appeal process. All disqualifications can get a correctness review, where the study subject can explain why they believe the disqualification is not accurate. In addition, most disqualifications can have a risk of harm review, where the study subject may offer information explaining why they believe they do not pose a risk of harm to the people or the program. If successful, a risk of harm review may result in a set-aside, which would allow the person to work in spite of their disqualification.  However, some disqualifications are not eligible for a set-aside. See Minnesota Statutes Section 245C.24 for the list of bars to a set-aside. For certain programs, a variance may also be available.

You must submit to a requests for reconsideration in writing. All disqualification letters include a suggested form to request reconsideration. If you have been disqualified and do not have a copy of the suggested form, email Background Studies, or call 651-431-6620 for a copy of your personalized form. DHS or another state regulatory agency, depending on which agency regulated the program that submitted the background study, will review the reconsideration. The disqualification letter specifies where you should send the request for reconsideration.

If a person does not request reconsideration or appeal in the required time, they will not be able to have direct care contact, access, and/or work in that program. If they were working during the background study process, they will be required to be immediately removed. For those who wish to challenge the outcome of their reconsideration, further appeal rights are available. 

For questions about the reconsideration process, email to Background Studies, or call 651-431-6620.

The appeals process can take up to 90 days. In some cases, DHS will require that the subject be immediately removed if found to pose an imminent risk of harm to people receiving services. If an entity is not ordered to remove the subject, the entity may choose to allow the person to continue providing direct contact services pending a reconsideration decision. To allow the individual to work, the agency must:

• Obtain a copy of the notice of disqualification, which explains the reason for the disqualification
• Ensure that the person requests reconsideration within the stated timeline
• Ensure that the person is under continuous, direct supervision of an individual who has a completed and cleared background study.

Possible outcomes of the appeals process include:  

Affirmed: If the information used to disqualify the study subject is found to have been correct, the agency will affirm the disqualification. Even if a disqualification is affirmed, many disqualifications are still eligible for a "set-aside" or a "variance."

Rescission or modification: If the information used to disqualify the study subject is found to have been incorrect, the agency will rescind or modify the disqualification.

Set-aside: If it is determined that the disqualified study subject has provided sufficient evidence to demonstrate that they no longer pose a risk of harm to the people being served by the facility that submitted the background study, a set-aside is provided for the applicant. If the disqualification is set aside, the facility may allow the person to work.

Variance: If it is determined that there are conditions under which the disqualified study subject may provide services or have access that minimize the risk of harm, a “variance” is provided for the study subject. Variances can only be requested by an certain employers or programs, not the study subject. The variance may requires that the study subject be supervised at all times. Variances are time-limited and specify the conditions with which the study subject and the program must comply.

Not set-aside: If it is determined that the disqualified study subject has failed to provide sufficient evidence that they no longer pose a risk of harm, the disqualification remains and the offense is not set aside. This means the subject is not allowed to have direct contact, access, and/or work in the program.  If they were working during the background study process, they may be required to be removed while their further appeal time is active. 

If a person does not request reconsideration or appeal in the required time, they will not be able to have direct care contact, access, and/or work in that program. If they were working during the background study process, they will be required to be immediately removed.