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CLE & Events


The Intersection of Criminal Prosecutions and DHS Background Studies

 
Date: Wednesday, November 15, 2017 8:00 AM to 9:00 AM
Venue: Room 240 / Mitchell Hamline College of Law  Saint Paul, MN United States  Get Directions
Total Price: $30.00
 
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Deadline to Register: November 13, 2017

How to avoid having a "successful" plea turn into a career-ending surprise

Under Minnesota’s Background Study law, when persons are convicted of certain crimes, the Minnesota Department of Human Services is required to disqualify those individuals from working in certain positions, especially if their employers are licensed by DHS or the Minnesota Department of Health.  But DHS is also authorized to reach its own independent determination whether enough evidence exists to warrant a criminal disqualification, even when the person was not convicted of the crime charged.  These DHS “preponderance of evidence” reviews contemplate that DHS will research and  evaluate arrest data, negotiated plea agreements or other pertinent information when considering whether a person may continue in his or her chosen licensed field, which may include working in assisted living facilities, nursing homes, home health agencies or group homes for persons with intellectual disabilities.  DHS’s disqualification authority is not restricted to the direct care workforce, because through related licensing and controlling persons laws, any disqualification orders leveled against owners of licensed entities could require the disqualified owner to relinquish control and ownership in order to preserve and maintain the facility’s licensure.  This presentation will explain the interaction of these laws, and offer proactive practice tips for avoiding or managing disqualification orders.  

Registration will begin at 7:45 a.m. Coffee and pastries will be served.

Presenters:

Sam Orbovich, Shareholder | Fredrikson & Byron, PA

Fabian Hoffner, Attorney | Fabian Hoffner Defense Attorney

Kulani Moti, Chief Legal Counsel | Office of Inspector General - MN Department of Human Services

CLE Credits:

1.0 Standard Credit applied for | Event Code: 249616  

Cost:

Administrative Law Section Members: $15.00
MSBA Members Not in the Administrative Law Section:  $20.00
Non-MSBA Members:  $30.00
Law Students: Free 
New Admittees (Attorneys Admitted to the Minnesota Bar after January 1, 2017):  Free

Remote Participation:

Teleconference available ONLY. Please indicate that you will attend remotely when registering. Instructions will be sent via e-mail a day prior to program.

Want more information about the Administrative Law Section ?
To register with a check, please mail in this registration form.
Need to cancel? Please see our cancellation policy.
Questions? Contact Geen Mui | 612-278-6346

The MSBA is committed to creating an inclusive environment in which all members can participate fully. If you need reasonable accommodations to participate in this event, please notify Geen Mui via phone or email: gmui@mnbar.org.  Please provide notification at least 72 hours prior to the meeting to allow sufficient time to make arrangements for accommodations at this event. Thank you.

 
No sessions have been associated with this event.