Sec. 36.03.07.05. Removal from Mandatory Exclusion List

A. After an excluded individual has been on the mandatory exclusion list for at least 5 years, the individual may request removal from the mandatory exclusion list.

B. An excluded individual’s request under §A of this regulation shall be submitted to the Director in writing and shall include a detailed statement about why there is:

(1) Good cause for removal of the individual from the list; and

(2) A material change in the individual’s circumstances since the individual’s name was placed on the list.

C. The Director or the Director’s designee shall investigate the request and make a recommendation to the Commission whether to grant or deny the request.

D. If the Director or the Director’s designee recommends removing the individual from the list, the Commission may approve the recommendation without a hearing, and Agency staff shall:

(1) Remove the individual from the mandatory exclusion list;

(2) Deliver to the individual by U.S. mail a notice of removal from the mandatory exclusion list; and

(3) Notify the State’s facility operators of the individual’s removal from the mandatory exclusion list.

E. If the Director or the Director’s designee recommends continued inclusion on the mandatory exclusion list, the excluded individual may submit a written request for an appeal hearing to the Commission.

F. Appeal Hearing.

(1) The request for an appeal hearing shall:

(a) Be submitted within 15 days of the date of the individual’s receipt of the written notice of the recommendation of the Director or the Director’s designee; and

(b) Describe the individual’s legal and factual bases for disagreeing with the recommendation.

(2) If an individual fails to timely submit a written request for an appeal hearing under §F(1)(a) of this regulation, the individual shall remain on the mandatory exclusion list.

(3) Upon receipt of a timely written request for an appeal hearing, the Director shall provide the individual with a hearing notice for a hearing.

G. If after a hearing the Commission denies the individual’s request for removal, it shall deliver to the individual by U.S. mail a notice that the:

(1) Request was denied; and

(2) Individual shall remain on the mandatory exclusion list.

H. Separate from the individual’s ability to request removal under §A of this regulation, the Director shall periodically review the mandatory exclusion list and may consider the following in order to determine if an individual should be removed:

(1) Whether the individual is living;

(2) Whether there are changed circumstances; or

(3) Any other relevant information.