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iii. An Applicant for Employment shall be advised of <br />the need for a Criminal History Check and the rights <br />of the Applicant for Employment under law, if any, <br />with respect to such checks. A copy of such rights <br />shall be executed by the Applicant for Employment and <br />forwarded to the Certified Records Specialist with <br />the request for a Criminal History Check. <br /> <br />iv. The City will not disqualify an Applicant for <br />Employment solely or in part because of a prior <br />conviction of a crime which is not directly related <br />to the position of employment, the City shall <br />consider: <br /> <br />a. The nature and seriousness of the crime <br />for which the Applicant for Employment was <br />convicted; <br /> <br />b. The relationship of the crime to the <br />purpose of regulating employment with the City; <br /> <br />c. The relationship of the crime to the <br />ability, capacity, and fitness required to <br />perform the duties and discharge the <br />responsibilities of the position of employment. <br /> <br />v. If the City determines that the crime for which <br />an Applicant for Employment was convicted is directly <br />related to the position for employment sought <br />pursuant to iv above, the Applicant for Employment <br />will not be disqualified if the Applicant for <br />Employment shows competent evidence of sufficient <br />rehabilitation and present fitness to perform the <br />duties of the position, as set forth in Minn. Stat. <br />364.03, subd. 3. <br /> <br />vi. If the City determines that an Applicant for <br />Employment is disqualified from the position solely <br />or in part because of the prior conviction, the City <br />shall notify the Applicant for Employment in writing <br />of the following: <br /> <br />a. The reasons for the disqualification; <br /> <br />b. That the city will initiate a contested <br />case hearing under the Administrative Procedure <br />Act, Minn. Stat. 14.57, et. Seq., upon the <br />request of the Applicant for Employment. <br /> <br />c. The earliest date the person may reapply <br />for a position with the City; and, <br /> <br />d. That all competent evidence of <br />rehabilitation presented will be considered upon <br />application. <br /> <br /> <br />