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Title 5, chapter 341, the commissioner shall be is entitled to |
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| consider all records of prior criminal convictions involving | child abuse or exploitation in determining an applicant's | eligibility for a certificate, authorization or approval. |
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| | Sec. 9. 20-A MRSA §13020, sub-§3-A is enacted to read: |
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| | 3-A.__Grounds for denial, revocation, suspension or | nonrenewal.__Grounds for denial of a certificate, | authorization or approval related to criminal offenses, fraud | or gross incompetence may be established by the state board in | its rules in accordance with Title 5, chapter 341.__Except as | provided in this section and Title 5, chapter 341, | consideration of prior criminal convictions as an element of | fitness to be certified, authorized, approved or renewed is | appropriate within 3 years of the applicant's final discharge | from a correctional system.__Beyond the 3 years, an applicant | with a prior criminal conviction who applies for | certification, authorization or approval with no additional | convictions must be considered in the same manner as an | applicant for certification, authorization or approval who has | no prior criminal convictions for the purposes of | certification, authorization, approval or renewal decisions. |
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| The following are grounds for revocation, suspension or | nonrenewal: |
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| A.__A crime punishable by a term of imprisonment of one | year or more as long as the period of time since the | applicant's final discharge from the sentence is within | the time frame permitted by Title 5, chapter 341; |
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| B.__A conviction that is excepted by statute to which | Title 5, chapter 341 does not apply; or |
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| C.__A conviction of a crime that relates directly to the | certification, authorization or approval sought by the | applicant or that demonstrates conduct that may endanger a | child as determined by the department. |
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| The applicant has the burden of proving that the applicant is | sufficiently rehabilitated to warrant the public trust. |
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| | Sec. 10. 20-A MRSA §13020, sub-§4, as enacted by PL 1983, c. 845, §4, | is amended to read: |
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| | 4. Reinstatement of certificate, authorization or approval. | Revoked certificates, authorizations or approvals may only be | reinstated only in accordance with state board rules. The | following provisions govern the reinstatement of any | certificate, |
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