68 IAC 6-1-5 Petition for removal from exclusion list

Sec. 5. (a) Any excluded person may petition the commission, in writing, and request that his or her name be removed from the exclusion list. (b) The petition must: (1) be addressed to the executive director; (2) state with specificity facts believed by the petitioner to constitute evidence for removal of his or her name from the exclusion list; and (3) include the signature of the person requesting removal from the exclusion list indicating acknowledgement of the following statement: "I certify, under the penalty of perjury, that the information that I have provided is true, complete, and correct to the best of my knowledge and belief.". (c) The executive director or the executive director's designee may: (1) deny the petition; (2) reject the petition; or (3) designate the petition for review. (d) The executive director or the executive director's designee must deny a petition if it is submitted prior to the expiration of three (3) years from the effective date or from the conclusion of any hearing, appeal, or prior petition for removal associated with placement on the list, whichever occurs later. (e) The executive director or the executive director's designee may reject a petition for removal from the exclusion list if: (1) the petition fails to comply with any of the requirements of subsection (a) or (b); or (2) the facts contained in the petition are the same or substantially the same facts that the petitioner set forth in a petition for hearing under 68 IAC 7-1 or a prior petition for removal from the exclusion list. (f) An excluded person whose petition for removal from the exclusion list has been rejected but not denied may cure the cause of the rejection, if possible, and resubmit the cured petition for removal at any time following the rejection as long as the excluded person is in compliance with all other applicable requirements under this article. (g) A petitioner may not withdraw a request for removal from the exclusion list without leave of the executive director.