(a) If the prescreening process reveals a negative finding, or if the secretary issues
a notice of ineligibility, the applicant, or the employer on the applicant's behalf,
may file a written request for a variance with the secretary not later than thirty
days after the date of the notice required by sections three or four of this article.
(b) The secretary may grant a variance if:
(1) Mitigating circumstances surrounding the negative finding or disqualifying offense
is provided; and
(2) The secretary finds that the individual will not pose a danger or threat to residents,
members and their property.
(c) The secretary shall establish in legislative rule factors that qualify as mitigating
(d) The secretary shall mail to the applicant and the covered provider or covered
contractor a written decision within ninety days of receipt of the request indicating
whether a variance has been granted or denied.
(e) If an applicant believes that their criminal history record information within
this state is incorrect or incomplete, they may challenge the accuracy of such information
by writing to the State Police for a personal review. However, if the discrepancies are at the charge or final disposition level, the
applicant must address this with the court or arresting agency that submitted the
record to the State Police.
(f) If an applicant believes that their criminal history record information outside
this state is incorrect or incomplete, they may appeal the accuracy of such information
by contacting the Federal Bureau of Investigation for instructions.
(g) If any changes, corrections, or updates are made in the criminal history record
information, the State Police shall notify the secretary that the applicant has appealed
the accuracy of the criminal history records and provide the secretary with the updated
results of the criminal history record information check, which the secretary shall
review de novo in accordance with the provisions of this article.
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
Was this helpful?
Welcome to FindLaw's Cases & Codes
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law.