Page:United States Statutes at Large Volume 113 Part 3.djvu/322

 113 STAT. 1840 PUBLIC LAW 106-169—DEC. 14, 1999 Applicability. "(i) on one previous occasion of one or more offenses for which an exclusion may be effected under such subsection, the period of the exclusion shall be not less than 10 years; or "(ii) on two or more previous occasions of one or more offenses for which an exclusion may be effected under such subsection, the period of the exclusion shall be permanent. "(c) NOTICE TO STATE AGENCIES.— The Commissioner shall promptly notify each appropriate State agency employed for the purpose of making disability determinations under section 221 or 1633(a)— "(1) of the fact and circumstances of each exclusion effected against an individual under this section; and "(2) of the period (described in subsection (b)(3)) for which the State agency is directed to exclude the individual from participation in the activities of the State agency in the course of its employment. "(d) NOTICE TO STATE LICENSING AGENCIES. —The Commissioner shall— "(1) promptly notify the appropriate State or local agency or authority having responsibility for the licensing or certification of an individual excluded from participation under this section of the fact and circumstances of the exclusion; "(2) request that appropriate investigations be made and sanctions invoked in accordance with applicable State law and policy; and "(3) request that the State or local agency or authority keep the Commissioner and the Inspector General of the Social Security Administration fully and currently informed with respect to any actions taken in response to the request. "(e) NOTICE, HEARING, AND JUDICIAL REVIEW.—(1) Any individual who is excluded (or directed to be excluded) from participation under this section is entitled to reasonable notice and opportunity for a hearing thereon by the Commissioner to the same extent as is provided in section 205(b), and to judicial review of the Commissioner's final decision after such hearing as is provided in section 205(g). "(2) The provisions of section 205(h) shall apply with respect to this section to the same extent as it is applicable with respect to title II. "(f) APPLICATION FOR TERMINATION OF EXCLUSION.— (1) An individual excluded from participation under this section may apply to the Commissioner, in the manner specified by the Commissioner in regulations and at the end of the minimum period of exclusion provided under subsection (b)(3) and at such other times as the Commissioner may provide, for termination of the exclusion effected under this section. "(2) The Commissioner may terminate the exclusion if the Commissioner determines, on the basis of the conduct of the applicant which occurred after the date of the notice of exclusion or which was unknown to the Commissioner at the time of the exclusion, that— "(A) there is no basis under subsection (a) for a continuation of the exclusion; and "(B) there are reasonable assurances that the types of actions which formed the basis for the original exclusion have not recurred and will not recur.

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