Request reconsideration

Refer to the Request for Reconsideration Overview (PDF) or the steps below for a summary of the request for reconsideration process.

Step 1:  The study subject receives the disqualification letter and the Request for Reconsideration form. Call 651-431-6620 or email dhs.netstudy2@state.mn.us for copies if needed.

Step 2:  The study subject submits the Request for Reconsideration form challenging correctness and/or risk of harm. Call 651-431-6620 or email dhs.netstudy2@state.mn.us for a copy of your personalized request for reconsideration form. If you are unable to get a copy, you may use the general request for reconsideration form (PDF) instead. A disqualification can be challenged as follows:

• One way is by challenging the correctness of the information used to disqualify the study subject.
• Another is by showing that the study subject does not pose a risk of harm. Most disqualifications are eligible for a risk of harm challenge, but not all. The disqualification letter will say whether risk of harm can be challenged.

Step 3:  DHS or another state agency reviews the request and makes a determination.

Step 4:  The study subject receives the Reconsideration Determination Notice. The notice includes one or more of the following decisions: 

• If the disqualification is Rescinded entirely or Affirmed and Set Aside, the study subject can work for the entity that requested that background study.
• If a Modification or a Limited Set Aside is granted, refer to the determination notice for details.
• If the disqualification was Affirmed and Not Set Aside, the study subject cannot work for the entity that requested that background study.

If the study subject completes the reconsideration process but does not agree with the determination, they can appeal it. The Reconsideration Determination Notice includes information about how to appeal, including deadlines that must be met.

Fair Hearing

Refer to the Reconsideration Determination Notice to find out if a study subject is eligible for a fair hearing. If a study subject is eligible for a fair hearing and does not request one, then the reconsideration determination becomes final. After the fair hearing, the study subject will get a final order.

Court of Appeals

If the study subject is not eligible for a fairing hearing, or they had a fair hearing and want to appeal the final order, they may be able to appeal to the Minnesota Court of Appeals (COA). The COA is part of the Judicial Branch and is separate from DHS. Direct all questions about how to appeal to the COA to the Office of the Clerk of the Appellate Courts at 651-291-5297.

No.

Expungement

Reconsideration is NOT criminal expungement. Criminal expungement takes place at the Minnesota District Courts and is separate from DHS. If a study subject is interested in expungement, they can contact their District Court.

Variances

Variances are not part of the reconsideration process, but in some cases an entity can request one if reconsideration is not successful. The study subject cannot request a variance.

Call 651-431-6620 or email dhs.netstudy2@state.mn.us for a copy of your personalized request for reconsideration form. If you are unable to get a copy of your personalized form, you may use the general request for reconsideration form (PDF) instead.

To find out if you can work during the reconsideration process, refer to your disqualification letter. Call 651-431-6620 or email dhs.netstudy2@state.mn.us for a copy of your disqualification letter if needed.