The applicant has the burden of proving that the applicant is sufficiently rehabilitated to warrant the public trust.

Sec. 10. 20-A MRSA §13020, sub-§4, as enacted by PL 1983, c. 845, §4, is amended to read:

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Sec. 11. 25 MRSA §1541, sub-§8, as enacted by PL 1999, c. 791, §6, is repealed.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