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:  You will receive 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:  Submit the Request for Reconsideration form challenging correctness and/or risk of harm. 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:  You will receive 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• If the disqualification is Rescinded entirely or Affirmed and Set Aside, you can work for the entity that requested that background study.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, you cannot work for the entity that requested that background study.

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.

If you complete the reconsideration process but do not agree with the determination, you 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 you are eligible for a fair hearing. If you are eligible for a fair hearing and do not request one, then the reconsideration determination becomes final. After the fair hearing, you will get a final order. Refer to Minnesota Statutes 245C.22-29 for more information.

Court of Appeals

If you are not eligible for a fair hearing, or you had a fair hearing and want to appeal the final order, you 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 is the process of going to court to ask a judge to seal a court record. Reconsideration is NOT criminal expungement. Criminal expungement takes place at the Minnesota District Courts and is separate from DHS. If you are interested in expungement, contact your District Court.

If your request for reconsideration was denied, the entity may be able to ask for a background study variance. This would allow you to work under specified conditions. You cannot request a variance for yourself. Only a licensed entity or license-exempt child care center certification holder can request a variance. It must be the same entity that requested the background study. See Minnesota Statutes 245C.30 for more information. To request a background study variance, the entity can email oiglegal.DHS@state.mn.us (preferred), or mail:

Minnesota Department of Human Services
Office of Inspector General, Legal Counsel’s Office LEGAL DIVISION
PO Box 64953
St. Paul, Minnesota 55164-0953