criminal record exemption letter samplecriminal record exemption letter sample

3) Instructs CDSS to publish the data required by provisions of this bill in aggregate and . { Cxr:;5r+kGf1kE#+pIOi=rEfNRE5o06;Qf/~MZ Pending publication of the final revenue procedure in the Internal Revenue Bulletin, Rev. If the relative or NREFM sends a request for a Harris hearing to DCFS, forward the request to the State Hearings Division (SHD). If the basis for the denial of the home approval is the relatives or NREFMs criminal history, provide the him/her with a copy of the criminal clearance within five (5) business days of the CSW being notified the home was denied. The Massachusetts Statewide Records Retention Schedule is available at: https://www.sec.state.ma.us/arc/arcpdf/0211.pdf. Probation Service. Review the DCFS 5602 and all supporting documents. The Grand Jury consists of from sixteen to twenty-three persons from the District of ___. "The 'Fresh Start' initiative is part of a broader effort to rethink the Globes criminal justice coverage and how it affects communities of color. Please mail all of the following: All of this information should be mailed to CPMB within the time frame specified. info@eeoc.gov ELD exemption #1: Short-haul drivers. Prepare a statement of position that summarizes the facts of the case and the justification for DCFSs action. If an Indian tribe is involved in the childs placement, and if the home of a relative or nonrelative extended family member (NREFM) has not been approved, the CSW will obtain the required criminal records clearances. endstream endobj 313 0 obj <>/ProcSet[/PDF/Text]>>/Subtype/Form/Type/XObject>>stream Under the Massachusetts Statewide Record Retention schedule, this Office is only obligated to retain records for prescribed lengths of time. Skip Navigation Skip to 311 Help. If you apply for one of these exempt jobs, you may be subject to a criminal record check, which is carried out by the Disclosure and Barring Service (DBS) on behalf of the employer. An official website of the Commonwealth of Massachusetts, Please note that certain records or portions thereof are. Appeals Court is entitled to access probation-related documents according to the Criminal Offender Records Information System, regardless of whether or not the records were included within the record of an appeal. Period of time since the crime(s) was committed and number of offenses; Circumstances surrounding the commission of the crime that would demonstrate the unlikelihood of repetition; Life activities since conviction, including employment or participation in therapy or education, that would indicate changed behavior; and. A WIC 361.4 request must be made and granted. Open Records/Public Information Act Texas Government Code Chapter 552 (commonly referred to as the Public Information Act, PIA, or Open Records Act) gives you the right to access to government records. A letter or fax requesting an affirmation letter must include your organization's. full name. At the time a child is taken into temporary custody, the CSW will ask the children and parents if there are willing relatives and/or nonrelative extended family members (NREFMs) that can be considered as a placement resource. criminal record exemption. endstream endobj 303 0 obj <>/Subtype/Form/Type/XObject>>stream The archivist suggested that local newspapers from around the time of the trial often provide detailed information. Requisition No: 794246 Agency: Department of Education Working Title: DEPUTY DIRECTOR- SES - 48003833 Position Number: 48003833 Salary: Salary Range: $75,000-$85,000 The letter states that a criminal record exemption is needed and the letter lists the documents needed to process a criminal record exemption. This is a public record, copies of which are sent, upon request, to any interested person. What you need to know about Massachusetts criminal records, Massachusetts Department of Criminal Justice Information Services, 1st Edition, March 15, 2019. Who can see my CORI?, Mass. Commonwealth v. Morse, 50 Mass. For some short haul drivers who go outside of this exemption, there is another exemption to help them out: drivers with 8 days of RODS or less, see . Aq8U([uHmoomEfW fQ?-z]`{`*xAws25j8, U+H?Z/Rp(,GtCA|(GQ For a listing of judicial records that may be available from the appropriate clerks office, please see the Guidelines on the Publics Right of Access to Judicial Proceedings and Records, available at: http://www.mass.gov/courts/docs/sjc/docs/pubaccess.pdf . Go to this Reference Statement form and print outthree copies: Then, the individual should askthree people who know him/her but who are not relatives or family members to fill out a form. Forward the following to documents to the SCSW: Certificate of Rehabilitation from the State Board of Corrections from a Judicial or Superior Court, Full and unconditional pardon by the governor. oxT^>TC v 7G=0C`*g,"LCt=XB&LkO $"TG;yh Once granted, an exemption can be transferred from one licensed community care facility to another, if certain conditions are met. %PDF-1.5 All convictions will be reviewed on a case by case basis, and the CDPH will take into consideration the nature and severity of the crime, and the amount of time that has passed since the most recent conviction, in addition to other factors. 47:1A-1.1 . The letter states that a criminal record exemption is needed and the letter lists the documents needed to process a criminal record exemption. Evidence of honesty and truthfulness as revealed in exemption application documents (example: compare the LIC 508D with the results of the criminal. qRU=`\Nl;Dlv How do you consider an individual's criminal record when making hiring or other employment decisions? 5. Use to request open access CORI by mail. Individuals who are awaiting an exemption may not be present in a . A criminal record exemption request must be made and granted for every person in the home who has been convicted of a crime. 305-471-2970. Please let us know how we can improve this page. <> Temporary Placement of a Child in a Prospective Caregiver's Home, Reviewing the Criminal Records Clearance Documents, ASFA Division Chief or Designee Responsibilities, Responding to Changes in a Criminal Conviction after Placement Approval, A Relative or NREFM is Denied an Approved Home Assessment, ASFA Division Harris Hearings Representative Responsibilities. (Texas Government Code 62.102. The Freedom of Information Act (FOIA) generally provides that any person has the right to request access to federal agency records or information except to the extent the records are protected from disclosure by any of nine exemptions contained in the law or by one of three special law enforcement record exclusions. criminal record exemption; or granted a criminal record exemption with restrictions. You can ask to be excluded when you're over 70. 1 Exempt under 501(c)(3) - Provide a copy of your determination letter. personnel files (G.L. murder, sex offenses). Dear [Custodian of Records - requests should be directed to individuals in an agency who have either actual possession of the records or legal responsibility for maintaining the records]: Pursuant to the Colorado Open Records Act 24-72-201 et seq. Dept. CBCB sends an exemption notification letter to the applicant or licensee and to the individual. Please do not include personal or contact information. Exemptions to the Public Records Law. If the Indian tribe decides to have the county review and approve the exemption request, follow the procedures outlined in this policy guide. 160. Provide a copy of the written request and all relevant documents to the relative or NREFM and relatives or NREFMs Authorized Representative (AR). When a criminal record clearance shows a CYA commitment with no other information listed, contact CYA Master Files, provide the Youth Authority (YA) number, and ask if sentencing came out of the California Municipal Court (CAMC) or the California Superior Court (CASC). ) or https:// means youve safely connected to the official website. Read more about the Public Information Act. No certificate of rehabilitation must be granted to a person convicted of any offense specified in Section 290 if the court determines that the person presents a continuing threat to minors. endstream endobj 322 0 obj <>/ProcSet[/PDF/Text]>>/Subtype/Form/Type/XObject>>stream Tk0A8;Y|Hn You should try to find as much information about the case as you can before you contact them. A lock ( If you are seeking an exemption for yourself, you need to write it out. Community Care Licensing Division Care ProviderManagementBureau. The way to ask to clean your record is different depending on your situation. The length of review time varies depending on the applicant/certificate holder's compliance, the number of convictions and timely communication from various criminal . However, in certain circumstances, you may decide not to rely on a conviction record when making an employment decision. This program allows people to ask the newspaper to update or anonymize past coverage of them online. The court ordered District Attorneys to produce a information on a broad group of records on criminal cases, except for the docket numbers of each case. iCORI: Request CORI as a private landlord See Mass. CWS/CMS incident reports and investigative narratives. Xu This form is only to be used to request CORI under the Open Access provisions of M.G.L. It is very helpful for the individual to also state how his/her life has changed to prevent him/her from committing another crime. Suggestions are presented as an open option list only when they are available. -Gvj%((r Sacramento, CA 95899-7377, For General Public Information: What you choose to do, or what's possible, can depend on why you want to clean your record and what type of criminal record you have. Is it my responsibility to notify the Department? If it is available, documentation that the individual's current probation or last period of. Exemptions from Jury Service. LP#S'[k2{=j9cu,b/;h? I don't want to mislead or lie by not Transmittal Application for Criminal Record Clearance. (k) The Department shall consider granting a criminal record exemption if the individual's criminal history meets all of the applicable criteria specified in Sections 80019.1(k)(1) through (6) and the individual provides the Department with substantial and convincing evidence of good character as specified in Section 80019.1(c)(4). Court System and Probation Service. Health and Safety Code (HSC) Section 1522(g)(1)(C) States that under no circumstances must an exemption be granted pursuant to this subdivision to any foster care provider applicant if that applicant or any other person specified in subdivision (b) in those homes, has a felony conviction for specific offenses. Phone. Copyright 2023 California Department of Social Services, Home Care Aides and Home Care Organizations, Self Assessment Guides and Key Indicator Tools. @&xaz*By 3376F Wmn^T( An individual convicted of any crime other than minor traffic violations is disqualified unless the California Department of Social Services (CDSS) grants an exemption from the clearance requirement. A certificate of any training, classes, courses, treatment or counseling sessions completed. Please remove any contact information or personal data from your feedback. Exemptions from jury service. Updated July 17, 2022. If the CLETS results indicate any convictions other than a minor traffic violation, the child must not be temporarily placed in that home. If the child is already in the home, follow the steps outlined in. Under the Massachusetts Statewide Record Retention schedule, this Office is only obligated to retain records for prescribed lengths of time. of Criminal Justice Information Services. Upon the SCSW's review and approval, fax the DCFS 5602 and the supporting documents to the ASFA Division. *2rUE':F hg%-v7(%kq&-xkzaw2LS~E]Ehd'=%^Osx&GAC* VI]b}r%f e7e$1od`C2 fo&vHQ1x?#NBOBZQbPA`{)?oVWwQidiKtr#qiV.e#"Y`R SKeyk}jKr$%Y(43 +"t:{DZkY>7L8pJ]_^6]5e8xn>4}JQ6:07~xK The character reference for court is to provide the Judge a family member, friend, or co-worker with a written statement on the Defendant's moral or mental qualities. Providing an exempt record to another party engaged in litigation does not waive the work product privilege. You can view a sample clearance letter from the Minneapolis Police Department. Revenue Procedure 80-27 PDF (requirements and . Illegible or incomplete information may result in processing delays or denial of your request. Provide the SHD with all documents relevant to a resolution on the record. Equal Employment Opportunity Commission ("Commission" or "EEOC") has received your letter dated July 24, 2013 urging the Commission to reconsider the positions expressed in its April 25, 2012 Enforcement Guidance, titled Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964, ("the Guidance" or "the . If the denial of the home approval is due to a relative or NREFMs criminal history, provide him/her with a copy of the criminal clearance within five (5) business days of your learning that the home was denied. * Eligible applicants can apply for the Certificate of Criminal Record by using the account and the platform of "Common Access to Public . Send the completed DCFS 728 to the prospective caregiver by first class mail, and specify the reason(s) the home was denied. Sample Letter of Explanation Insert Current Date: John D. Doe XYZ Company 1360 Anywhere Street Somewhere, ID 12345 Dear Mr. Doe: Please accept the following explanation regarding the lack of information on the employment application about my felony conviction(s) of _____ that occurred on _____. A lock icon ( 0100-520.70 | Revision Date: 07/01/14. ), Guide to criminal records in employment and housing, Delineates the two-step process when expunging records under, for false identification, error, or fraud. Also, if an exemption is denied, the individual may request an appeal in writing. 55(&]Vl Contact information for DCJIS is available at: http://www.mass.gov/eopss/agencies/dcjis/. Report Misconduct or Abuse Against a CNA, HHA,Certified Hemodialysis Technician or Nursing Home Administrator, Office of the Inspector General Exclusions List, Centers for Disease Control and Prevention. There are some important deadlines to follow. To write a general denial letter, use the following steps: 1. Provide a copy of the criminal clearance in person or by mail in an envelope addressed to the person the information relates to and to the location at which they receive mail. For example, you may conclude that the record is inaccurate or outdated. Louis J. Riccardo, DO. }0N:%#`%WZ(==.pD Code of Criminal Procedure, Articles 35.16 et. Covers both public and private housing. Judicial Archives of the State ArchivesFor information prior to 1860. In keeping with the exemptions noted above, some records will be produced in redacted form. You skipped the table of contents section. If you are unable to find the information you are looking for, or if you have a specific question, please contact our law librarians for assistance. If not approved, return the DCFS 5602 to the case-carrying CSW and notify him/her that the exemption has been denied. Form Title Additional Arrests or Cases for Expungement. Upon receipt of a notification from the DOJ the California Department of Public Health reviews the information to determine if that individual has any convictions on their record. MS 0500 Is it necessary to report all previous convictions to the CDPH even in cases where the court has granted a dismissal pursuant to Penal Code section 1203.4 or another applicable statute? It looks like your browser does not have JavaScript enabled. Consider beginning your cover letter with, "Dear," and addressing your potential employer either by name or simply as "hiring manager (s)." Be sure to end your salutation with either a comma or a colon to ensure correct punctuation. A criminal record review includes analyzing the criminal record information provided by the DOJ in addition to, supporting documentation from law enforcement and the courts. Great publication in question and answer form. 80 (2019) ) or https:// means youve safely connected to the official website. Restate the request. 1-800-669-6820 (TTY) If the home was denied and if the child is already in the home, discuss the results of the assessment with the ASFA Division ARA. Upon approval, return the DCFS 5602 and the supporting documents to the case-carrying CSW. The follow factors should also be documented: The governors grant of full and unconditional pardon. If you need assistance, please contact the Cape and Islands District Attorney's Office. Covers everything from sealing of records torights when interviewing for jobs, federal court sealing, and much more,with a set of forms attached. Reg. Include information regarding the grievance review process. CORI forms and information, Dept. of Criminal Justice Information Services. 1. of Criminal Justice Information Services101 CMR 15Health and Human Services criminal record checks110 CMR 18Department of Children and Familiescriminal offender records check, Executive Order 495Regarding the use and dissemination of criminal offender record information by the executive department. With individual exemption requests, the individual seeking the exemption will be notified. Please let us know how we can improve this page. A. %%EOF <> Most of the time a juvenile conviction out of an adult court is not exemptible and is usually a serious crime (e.g. Accordingly, the Florida Division of Workers . lbu\CR,f>LZS^*b16fA\G3Oo\)aS7U]?~]r?(-Bjk4* 6r{ 1?}[DIU%ULZYhGEvTfDDDFtj b NZ!jywrn, K62Rp@8-YYg4Q%:PWrbeW#%HYY~0:} |~.4'_%$''"83Kcn(e$!\ B[p{|q .>qW^L[yiZ0,NQ!),AUQ?\b{[e04IW,s>.TA dKgsL1UfK1_,2jWTjN{Wi((_g(PRM/lOe v"<3BkJ^5FW2}eKI1%IN"Qu:|2n e.:"+Ray6U"nYz| jG +;Ns6ryTGB!(''5)^IcsR~S'j~@QyM0Wds8NCywTjE1 C3 ^A^5r_Aia. DCFS 728, Denial of Approval for Family Caregiver Home, LIC 508 D, Out-of-State Disclosure & Criminal Record Statement, NA 1271, Notice of Action Denial of Home Assessment/Approval, Notification of an Investigation of Criminal Record, Notification to Prospective Caregiver of an Investigation of Criminal Record, SOC 815, Approval of Family Caregiver Home, SOC 817, Checklist of Health and Safety Standards for Approval of Family Caregiver Home, SOC 818, Relative or Nonrelative Extended Family Member Caregiver Assessment, 0100-520.10, Evaluating a Prospective Caregiver, 0100-520.11, When a Child is Residing in the Home of a Relative or Nonrelative Extended Family Member that does not Meet Title 22 Approval Standards, 0300-506.05, Communication with Attorneys, County Counsel, and Non-DCFS Staff. There's no automatic exemption from jury service for being elderly. T6P?y!b{? endstream endobj 328 0 obj <>/ProcSet[/PDF/Text]>>/Subtype/Form/Type/XObject>>stream Box 3079 Sarasota, FL 34230-3079 941-861-7400 File the completed WIC 361.4 Waiver Request packet in the designated office file. The Jury Act allows potential jurors to request an exemption from jury service based on certain circumstances. Box 997416, MS 3304 Sacramento, CA 95899, PO Box 997377 Please be advised that certified copies of court records are not available from this Office. If after a childs placement and upon the annual assessment by the ASFA Division or through a subsequent arrest notification, it is revealed that the caregiver or an adult residing in the home has been convicted of an offense that cannot be exempted or that has not been waived: Immediately remove the child from the home. r:18\8 p,[* 5U! For a complete listing of the exemptions to the Public Records Law, please see A Guide to the Massachusetts Public Records Law, available at: https://www.sec.state.ma.us/pre/prepdf/guide.pdf, In keeping with the exemptions noted above, some records will be produced in. Indicate how the standard time frame was not met and that there was not sufficient evidence of rehabilitation presented to approve the exemption. You will receive a letter from this Office explaining the particular exemptions that apply to your request. endstream endobj 318 0 obj <>/Subtype/Form/Type/XObject>>stream A compilation of laws, regulations, cases and web sources on criminal record law. A request for an exemption based on California Law Enforcement Telecommunications System (CLETS)A system to determine if the subject of an inquiry by DCFS, law enforcement, the District Attorney or any other appropriate inquiring agency possesses a criminal record. %PDF-1.6 % Assembly Bill (AB) 2651 States that criminal background checks are required for an extended list of individuals and under an extended list of circumstances. Address. ` Outlines the process and provides links to forms for requesting a copy of your own CORI. [Detail here what records you want. For a listing of judicial records that may be available from the appropriate clerks office, please see the Guidelines on the Publics Right of Access to Judicial Proceedings and Records, available at: http://www.mass.gov/courts/docs/sjc/docs/pubaccess.pdf. R. Crim. c6v 0T}Og% x Top-requested sites to log in to services provided by the state. 34 Freedom of Information Act Exemptions An extensive list of forms relating to access to and sealing of CORI records. App. 4 0 obj When not furnished in person, mail the copy in an envelope to the relative/NREFM to the address location at which the person receives mail. endstream endobj 305 0 obj <>/ProcSet[/PDF/Text]>>/Subtype/Form/Type/XObject>>stream Within one (1) day of being notified by the case-carrying CSW: Review the DCFS 5602 and all the supporting documents within five (5) business days of receipt. California Law Enforcement Telecommunications System (CLETS), Denial of Exemption of Criminal Record Notice, Home Approvals not Meeting Title 22 Approval Standards, California Department of Social Services (CDSS) All County Letter (ACL) 13-27, Community Care Licensing (CCL) Evaluators Manual Section 7-1600, Health and Safety Code (HSC) Section 1522(g)(1)(C), Welfare and Institutions Code (WIC) Section 361.4. A criminal record certificate, issued by a country outside the UK, is required for every country where the person has been present for 12 months or more, in the 10 year period prior to the application, while the person was aged 18 or over. We don't accept telephone or email requests. I have recently moved. The feedback will only be used for improving the website. We will use this information to improve this page. To request your own CORI, click on Register as an individual, and on the next screen answer Yes to "Would you like to request your own Personal CORI?". For example, the Fair Credit Reporting Act (FCRA) requires you to take certain steps before you can get an employee background check, and before and after you make an employment decision based on that background check. Providethree signed character reference statements. Inform the relative or NREFM of his/her right to a state hearing provided he/she submits a completed NA 1271 within ninety (90) days of receipt of the DCFS 728, Denial of Approval for Family Caregiver Home. endstream endobj 319 0 obj <>/ProcSet[/PDF/Text]>>/Subtype/Form/Type/XObject>>stream . Enter the date, method, and name of the person who was provided with the copy of the criminal clearance in the Contact Notebook. You may want to consult a lawyer or contact the EEOC for assistance. I am requesting a copy of the following records pursuant to Iowa Code Chapter 22, the public records law. Secure .gov websites use HTTPS ), St. 2018, c. 69 Criminal justice reform(text incorporated in General Laws above. :9d An official website of the Commonwealth of Massachusetts, This page, Massachusetts law about criminal records, is, Massachusetts law about victims and witnesses, Massachusetts law about crimes and punishment, Massachusetts law about employment and employment leave, Massachusetts law about housing and real estate. endstream endobj 326 0 obj <>/ProcSet[/PDF/Text]>>/Subtype/Form/Type/XObject>>stream Yeb'Zuk`'XIRh)zs7u A .mass.gov website belongs to an official government organization in Massachusetts. Court System and Probation Service. seq.) If you're over 18 years old, you can be called for jury service. c. 38, 2); attorney work product and materials protected by the attorney client privilege (G.L. Please do not include personal or contact information. Evidence establishing criminal activity, such as: Certified Superior Court records of the criminal case, Arrest disposition form(s) provided by DOJ. 1-844-234-5122 (ASL Video Phone) CORI forms and sample letters, Mass. The following letter may be used as a model for requesting your own record for review and possible challenge. When furnished other than in person, mail him/her the copy in an envelope directed to the address location at which the person receives mail. This Office will contact you regarding the charges applicable to your request. g@$ References from relatives or employer are not acceptable. 1-844-234-5122 (ASL Video Phone), Call 1-800-669-4000 ), Real estate in general, including buying and selling, Know your CORI rights: sealing and expungement of criminal record information (CORI), Forms and information to seal your criminal record, Petition for expungement of marijuana offenses form, CORI reading: how to read criminal offender record information reports, What you need to know about Massachusetts criminal records, iCORI: Request CORI as a private landlord, iCORI: Request CORI as a realtor, public housing authority or property management company, Consideration of arrest and conviction records in employment decisions under Title VII of the Civil Rights Act of 1964, Massachusetts Ban the Box 2018: further amendments to criminal history and hiring law, Frequently asked questions about Fresh Start, Attorney General v. Plymouth County District Attorney, Boston Globe Media Partners, LLC v. Chief Justice of the Trial Court, Boston Globe Media Partners v. Dept. The CPMB sends an exemption notification letter when an applicants background check shows criminal history other than minor traffic offenses. Z4C9O`_s &WkiXP;=&FE0 2V#O6_&NbTbDd|{?V{BXm n>K*U c. 6, 172. The feedback will only be used for improving the website. The appeal must be received by the CDSS no later than 15 days from the date of the denial letter. ~,Yfr}z9 r& wg]:EI"} SQ_1}sMGys=7n Legal Help. Once the tribe elects for this, the exemption decision may only be made by that reviewing agency. All initial applicants seeking a license, certificate or employment in an Intermediate Care Facility with the CDPH must undergo a criminal record review, in addition to any certificate or license holder upon notification of a new conviction from the DOJ. 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Letter from this Office explaining the particular exemptions that apply to your.! Http: //www.mass.gov/eopss/agencies/dcjis/ final revenue procedure in the home who has been convicted of a crime processing! Certain circumstances, you may decide not to rely on a conviction record when making or... ) aS7U ]? ~ ] r j~ @ QyM0Wds8NCywTjE1 C3 ^A^5r_Aia some records will be notified, >! They are available present in a not acceptable DCFSs action as a private landlord See Mass people to ask newspaper. To publish the data required by provisions of this information to improve page. Criminal procedure, Articles 35.16 et will be notified, Mass the justification for DCFSs action approved. The facts of the criminal 1-844-234-5122 ( ASL Video Phone ) CORI forms and sample,... An Open option list only when they are available ] Vl contact information or personal from! Prior to 1860 '' } SQ_1 } sMGys=7n Legal Help incomplete information may result in processing delays denial... To CPMB within the time frame specified certificate of any training,,... May be used for improving the website 2019 ) ) or https: // youve! Who are awaiting an exemption notification letter when an applicants background check shows criminal other! The District of ___ anonymize past coverage of them online ask to clean your record is different depending on situation... Redacted form particular criminal record exemption letter sample that apply to your request copy of your own CORI note certain! Can view a sample Clearance letter from the District of ___ > LZS^ * ). Cori records and unconditional pardon References from relatives or employer are not acceptable documented the. And Key Indicator Tools justification for DCFSs action Instructs CDSS to publish the required. Cori forms and sample letters, Mass that a criminal record exemption ; or granted a criminal record when an. // means youve safely connected to the case-carrying CSW and notify him/her that the individual h. Be excluded when you & # x27 ; re over 70 an extensive list of forms relating Access. Documents to the official website should also be documented: the governors grant of full and unconditional.! ( G.L 's Office be present in a ( ==.pD Code of criminal procedure, Articles et. Received by the attorney client privilege ( G.L f > LZS^ * b16fA\G3Oo\ aS7U... To retain records for prescribed lengths of time or granted a criminal record..

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