(c) Rules adopted under this chapter may not preclude an employee in a contested case hearing for a disqualification from submitting evidence concerning information gathered under this chapter. (d) When an individual has been disqualified from multiple licensed programs, if at least one of the disqualifications entitles the person to a contested case hearing under this subdivision, the scope of the contested case hearing shall include all disqualifications from licensed programs. (e) In determining whether the disqualification should be set aside, the administrative law judge shall consider all of the characteristics that cause the individual to be disqualified, as well as all the factors set forth in section 245C.22, in order to determine whether the individual has met the burden of demonstrating that the individual does not pose a risk of harm. The administrative law judge’s recommendation and the commissioner’s order to set aside a disqualification that is the subject of the hearing constitutes a determination that the individual does not pose a risk of harm and that the individual may provide direct contact services in the individual program specified in the set aside. (f) An individual may not request a contested case hearing under this section if a contested case hearing has previously been held regarding the individual’s disqualification on the same basis. Subd. 4. Final agency order. The commissioner’s final order under section 245A.08, subdivision 5, is conclusive on the issue of maltreatment and disqualification, including for purposes of subsequent background studies. The contested case hearing under this section is the only administrative appeal of the final agency determination, specifically, including a challenge to the accuracy and completeness of data under section 13.04. 245C.29 CONCLUSIVE DETERMINATIONS OR DISPOSITIONS. Subdivision 1. Conclusive maltreatment determination or disposition. Unless otherwise specified in statute, a maltreatment determination or disposition under section 626.556 or 626.557 is conclusive, if: (1) the commissioner has issued a final order in an appeal of that determination or disposition under section 245A.08, subdivision 5, or 256.045; (2) the individual did not request reconsideration of the maltreatment determination or disposition under section 626.556 or 626.557; or (3) the individual did not request a hearing of the maltreatment determination or disposition under section 256.045. §Subd. 2.Conclusive disqualification determination. (a) A disqualification is conclusive for purposes of current and future background studies if: (1) the commissioner has issued a final order in an appeal of the disqualification under section 245A.08, subdivision 5, 245C.28, subdivision 3, or 256.045, or a court has issued a final decision;
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