(1) An individual who has been disqualified from or denied employment by an adult foster care facility based on a criminal history check conducted under section 34b may appeal to the department if he or she believes that the criminal history report is inaccurate, and the department shall conduct an administrative review. The individual shall file the appeal with the director of the department within 15 business days after receiving the written report of the criminal history check unless the conviction contained in the criminal history report is a conviction that may be expunged or set aside. If an individual has been disqualified or denied employment based on a conviction that may be expunged or set aside, then he or she shall file the appeal within 15 business days after a court order granting or denying his or her application to expunge or set aside that conviction is granted. If the order is granted and the conviction is expunged or set aside, the individual shall not be disqualified or denied employment based solely on that conviction. The director or the director’s designee shall review the appeal, along with all pertinent documentation, and shall issue a written decision as soon as practicable. The decision of the director or the director’s designee is final.

  (2) As used in this section, “business day” means a day other than a Saturday, Sunday, or any legal holiday.