Sec.17a-247e-9. Removing a name from the registry

(a) The department shall remove an employee's name from the registry upon receipt of notification from an employer that an arbitration or a legal proceeding resulted in a finding that the employee was unfairly terminated from employment.

(b) An employee whose name has been placed on the registry may, not less than five (5) years after the placement of his name on the registry for substantiated abuse, and not less than two (2) years after the placement of his name on the registry for substantiated neglect, and not more than once every two (2) years thereafter, request in writing to the commissioner that his name be removed from the registry for good cause shown.

(1) In determining whether good cause exists for removal of the employee's name from the registry, the commissioner shall consider all relevant factors, including but not limited to: (A) the nature of the substantiated abuse or neglect which resulted in the employee's name being place on the registry; (B) the length of time since the incident(s) of substantiated abuse or neglect; (C) the rehabilitation of the employee since the incident(s) of substantiated abuse or neglect; and (E) the likelihood that the employee will commit future acts of abuse or neglect of persons with mental retardation.

(2) If the commissioner denies a request for removal of a name from the registry, the employee may request an administrative hearing, conducted in accordance with Sections 4-177 to 4-181a, inclusive, of the Connecticut General Statutes governing contested cases.

(3) At any hearing convened in accordance with this section, the hearing officer shall receive and consider evidence including but not limited to the factors set forth in subdivision (1) of this subsection for determining whether an employee's name should be removed from the registry.

(4) Within ten (10) business days following the conclusion of the hearing, the hearing officer shall issue a proposed decision to the parties and the commissioner. The hearing officer may have a ten (10) day extension, upon approval of the commissioner, to issue the proposed decision.

(5) The parties shall have ten (10) business days following receipt of the proposed decision to submit written comments to the commissioner in support or opposition to the proposed decision. Upon request and for good cause shown, the commissioner shall extend the time period not to exceed thirty (30) days.

(6) The commissioner shall issue a final decision, following the comment period, to the parties. A party, other than the department, which is aggrieved by the final decision may appeal in accordance with the Uniform Administrative Procedures Act, Chapter 54, of the Connecticut General Statutes.

(c) In the event the commissioner's final decision grants removal, the department shall remove the name of the employee from the registry within five (5) business days of such decision.

(d) When an employee's name is removed from the registry, the department shall notify the employee and all employers within five (5) business days of such action.

(Adopted effective December 7, 1999; Amended December 10, 2002)