Current through August 31, 2023
An individual who receives an unconditional denial is not
available to provide services, have access, or be licensed or certified by the
Department. (3-28-23)
01.
Reasons for an Unconditional Denial. Unconditional denials are issued
for: (3-28-23)
a. Disqualifying crimes under
Section 210 of these
rules; (3-28-23)
b. A relevant
record on any Child Protection Registry for the classes of individuals under
Section 126 of these
rules; (3-28-23)
c. A relevant
record on the Idaho Child Protection Central Registry with a Level one (1) or
Level two (2) designation for all other applicants covered by these rules;
(3-28-23)
d. A relevant record on
the Nurse Aide Registry; (3-28-23)
e. A relevant record on either the state or
federal sex offender registries; (3-28-23)
f. A relevant record on the U. S. Health and
Human Services, Office of the Inspector General List of Excluded Individuals
and Entities (LEIE); (3-28-23)
g. A
relevant record on the state Medicaid Exclusion List: or (3-28-23)
h. A materially false statement made
knowingly in connection to the Department's background check application for
the classes of individuals under Section
126 of these rules will result in a
five-year disqualification period for the applicant.
(3-28-23)
02.
Issuance of an Unconditional Denial. The Department will issue an
unconditional denial within fourteen (14) days of completion of a background
check. (3-28-23)
03.
Challenge of Department's Unconditional Denial. An individual has
twenty-eight (28) days from the date the unconditional denial is issued to
challenge the Department's unconditional denial. The individual must submit the
challenge in writing and provide court records or other information which
demonstrates the Department's unconditional denial is incorrect. These
documents must be filed with the Background Check Unit. (3-28-23)
a. If the individual challenges the
Department's unconditional denial, the Department will review the court
records, documents, and other information filed by the individual. The
Department will issue a decision within thirty (30) days of the receipt of the
challenge. The Department's decision will be a final order under IDAPA
16.05.03, "Contested Case Proceedings and Declaratory Rulings," Section
152. (3-28-23)
b. If the individual does not challenge the
Department's unconditional denial within thirty (30) days, it becomes a final
order of the Department under IDAPA 16.05.03, "Contested Case Proceedings and
Declaratory Rulings," Section
152. (3-28-23)
04.
Appeal of an Unconditional
Denial. Following a challenge of the Department's unconditional denial,
an individual may appeal the Department's decision under IDAPA 16.05.03,
"Contested Case Proceedings and Declaratory Rulings." The request to appeal an
unconditional denial does not stay the action of the Department.
(3-28-23)
