Jackson v. Commissioner of Human Services, A17-1135
b'In 2010, a licensed facility submitted a background-study request to respondent Commissioner of Human Services, under the Department of Human Services Background Studies Act, Minn. Stat. \\xa7\\xa7 245C.01\\u2013.34 (2018), regarding appellant Shonwta Demar Jackson. As part of the background study, the Commissioner consulted records which revealed that in 2002, Jackson\\u2019s 12-year-old son accused Jackson of physical and sexual abuse that occurred in 1998, when the child was 8 or 9 years old. A child-protection investigation had been opened at that time, and the investigation had resulted in a preponderance-of-the-evidence finding of maltreatment on the basis of physical and sexual abuse. Based on the information in the records, the Commissioner concluded that Jackson was disqualified under Minn. Stat. \\xa7 245C.14, subd. 1(2), for committing an act that met the definition of first-degree criminal sexual conduct. The Commissioner sent Jackson a letter informing him of the disqualification, and notifying him of his right to request reconsideration and the consequences of not doing so\\u2014permanent disqualification. See Minn. Stat. \\xa7\\xa7 245C.27, subd. 1, 245C.29, subd. 2. Jackson did not request reconsideration within the allotted time. In January and May 2012, two other companies requested background studies on Jackson, and the Commissioner notified Jackson that he was disqualified based on the 1998 incident.\\n\\nIn July 2016, another employer requested a background study on Jackson. The Commissioner again notified Jackson and the employer that he is permanently disqualified because of the 1998 incident. Jackson requested reconsideration, which the Commissioner denied, stating that the correctness of Jackson\\u2019s disqualification became conclusive when he failed to challenge the disqualification in 2010 and 2012.\\n\\nJackson sought certiorari review, and the court of appeals affirmed, finding that under the Act, Jackson\\u2019s failure to timely seek reconsideration of the 2010 disqualification rendered that disqualification conclusive and applicable to all future background studies. The court rejected Jackson\\u2019s argument that the statutory scheme violated his due-process rights.\\n\\nOn appeal to the supreme court, the issue presented is whether Minn. Stat. \\xa7 245C.29, in conjunction with Minn. Stat. \\xa7 245C.27 and Minn. Stat. \\xa7 245C.24, which together provide that certain employment disqualifications are conclusive for life, establishes a permanent, irrebuttable presumption that violates the due process clauses of the state and federal constitutions. (Department of Human Services)'