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theft, fraud, and bribery, or involved another form of dishonesty, including perjury and official misconduct, that the individual’s duties make it unlikely that exploitation or dishonesty could occur with regard to recipients of services; and

(E) if the barrier crime or condition is related to the abuse, neglect, or exploitation of a child or vulnerable adult, that the individual’s duties make it unlikely that abuse, neglect, or exploitation could occur with regard to recipients of services; and

(4) consider any mitigating factors, including the amount of time that has elapsed since the barrier crime or condition occurred and whether the individual has been employed by a provider for a substantial period, has performed duties in a responsible and trustworthy manner, and has not been the subject of any complaint from a recipient of services or a representative of a recipient of services. (e) For a request for a variance for a permanent barrier crime or condition, in addition to the matters described in (d)(1) — (4) of this section the variance review committee shall consider

(1) whether mitigating circumstances were involved at the time that the barrier crime or condition occurred;

(2) the individual’s educational and employment history;

(3) any current letters of recommendation from employers or others submitted in addition to the minimum required under 7 AAC 10.930(a)(3)(H); and

(4) whether the individual was previously issued a variance by the department after the occurrence of the barrier crime or condition for which the variance was issued. (f) Before issuing a decision, the commissioner or the variance review committee may require the individual for whom a variance is sought to appear in person or by telephone for an interview. (g) Except as provided in (h) of this section, and within 30 days after the oversight division determines a variance request to be complete under 7 AAC 10.930(b), the variance review committee shall recommend to the commissioner that it has determined that the health, safety, and welfare of recipients

(1) will be adequately protected, and the variance review committee shall recommend that the commissioner grant the variance request; or

(2) will not be adequately protected, and the variance review committee shall recommend that the commissioner deny the variance request. (h) For a variance request submitted for a permanent barrier crime or condition under 7 AAC 10.900 — 7 AAC 10.990, and within 20 days after the oversight division determines a variance request to be complete under 7 AAC 10.930(b), the variance review committee shall submit to the director of the oversight division the recommendation to grant or deny the variance request under (g)(1) or (2) of this section with respect to the health, safety, and welfare of recipients. Within 30 days after the oversight division determines a variance request to be complete under 7