LD 890
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LR 418
Item 1

 
Title 5, chapter 341, the commissioner shall be is entitled to

 
consider all records of prior criminal convictions involving
child abuse or exploitation in determining an applicant's
eligibility for a certificate, authorization or approval.

 
Sec. 9. 20-A MRSA §13020, sub-§3-A is enacted to read:

 
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.

 
The following are grounds for revocation, suspension or
nonrenewal:

 
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;

 
B.__A conviction that is excepted by statute to which
Title 5, chapter 341 does not apply; or

 
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.

 
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,


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