LD 890
pg. 9
Page 8 of 10 An Act To Restrict Fingerprinting of Educational Personnel to New Hires Page 10 of 10
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LR 418
Item 1

 
authorization or approval revoked for reasons of child abuse or
exploitation.

 
A. Notwithstanding Title 5, chapter 341, no a
certificate, authorization or approval revoked for reasons
of child abuse or exploitation may not be reinstated
within 5 years of the revocation and in no case less than
3 years from the expiration of probation or parole or
discharge from imprisonment for a criminal conviction
involving child abuse or exploitation.

 
B. In determining whether a certificate, authorization or
approval may be reinstated, the commissioner shall
determine whether the applicant has been sufficiently
rehabilitated to warrant the public trust. The applicant
shall be is required to demonstrate sufficient evidence of
rehabilitation, notwithstanding Title 5, chapter 341, and
the commissioner shall state in writing the basis for any
decision which that denies reinstatement of a certificate,
authorization or approval.

 
C. Denial of reinstatement pursuant to paragraph B may be
appealed to the Superior Court.

 
Sec. 11. 25 MRSA §1541, sub-§8, as enacted by PL 1999, c. 791, §6,
is repealed.

 
Sec. 12. 25 MRSA §1542-A, sub-§1, ¶G, as amended by PL 2001, c. 52,
§4, is further amended to read:

 
G. Who is a teacher or educational personnel applicant
subject to Title 20-A, section 6103 6103-A;

 
Sec. 13. 25 MRSA §1542-A, sub-§3, ¶F, as enacted by PL 1999, c. 110,
§7, is amended to read:

 
F. The Maine State Police shall take or cause to be taken
the fingerprints of the person named in subsection 1,
paragraph G, at the request of that person and upon
payment of the expenses specified under pursuant to Title
20-A, section 6103 6103-A, subsection 4.

 
Sec. 14. 25 MRSA §1542-A, sub-§4, as amended by PL 2001, c. 52, §8,
is further amended to read:

 
4. Duty to submit to State Bureau of Identification. It is
the duty of the law enforcement agency taking the fingerprints
as required by subsection 3, paragraphs A, B and G to transmit
immediately to the State Bureau of Identification the criminal
fingerprint record. Fingerprints taken pursuant to subsection
1,


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