9 CAR § 40-1005. Regular administrative hearing process

(a)(1) A hearing officer from the Office of Appeals and Hearings will conduct the hearing in an informal but orderly manner. (2) The hearing officer will explain the hearing procedure. (b) The petitioner may be accompanied by friends or other persons and may be represented by a: (1) Friend; (2) Legal counsel; or (3) Other designated representative. (c) The hearing officer may not review material prior to the hearing unless the material is also made available to the petitioner or their representative. (d) The representative will read the administrative hearing statement and will then present the Division of Children and Family Services case, which includes introducing evidence and questioning witnesses subpoenaed to the hearing as well as cross-examining the petitioner’s witnesses. (e)(1) After completion of the division’s case, the petitioner’s case will be presented. (2) This includes the opportunity to: (A) Present witnesses; (B) Advance arguments; (C) Offer additional evidence; (D) Question the agency representative; and (E) Confront and cross-examine witnesses. (3) Questioning of all parties will be confined to the issues involved. (f) In all cases, the petitioner will be advised of the right to judicial review in the event of an adverse ruling. (g)(1) The administrative law judge (ALJ) may amend an investigative determination during (but not after) an administrative hearing to conform with the evidence presented. (2) If the alleged offender could not reasonably infer the amended investigative determination from the investigative record and information submitted by the division, the ALJ may grant a request for continuance to the alleged offender. (h)(1) The hearing officer will prepare a hearing decision based on a comprehensive report of the proceedings. (2) The format will consist of an introduction, findings of fact, conclusions of law, and a decision. (3) Final administrative action must be completed within one hundred eighty (180) calendar days from the receipt of the appeal by the Office of Appeals and Hearings with the following exceptions: (A)(i) The one-hundred-eighty-day limit will not apply if upon request of any party a stay is granted as permitted pursuant to Arkansas Code § 12-18-801 et seq. (ii) The ALJ may stay the case upon a showing by any party that there is an ongoing criminal or delinquency investigation regarding the occurrence that is the subject of the child maltreatment report; and (B)(i) If a criminal or delinquency proceeding is filed regarding the occurrence that is the subject of the child maltreatment report and a request for a stay is accompanied by the written notification of the date the criminal or delinquency proceeding was filed by a party, the administrative hearing shall be stayed for a period of not more than one (1) year from the date the criminal or delinquency proceeding is filed. (ii) The stay shall be lifted and the case set for a hearing upon the earlier of: (a) A petition and showing by any party that there is good cause to conduct the administrative hearing before the conclusion of the criminal or delinquency proceeding; (b) The final disposition of the criminal or delinquency proceeding; or (c) The expiration of one (1) year from the date the criminal or delinquency proceeding was filed. (iii) A stay granted per the rules described above may be extended after the one-year expiration upon a written notice from the requesting party that the criminal or delinquency proceeding is still ongoing. (iv)(a) It is the duty of the petitioner to report the final disposition of the criminal or delinquency proceeding to the department Office of Appeals and Hearings for a stay as described above. (b) The case shall be dismissed and the petitioner’s name placed on the Child Maltreatment Central Registry if the petitioner fails to provide a file-marked copy of the final disposition of the criminal or delinquency proceeding within thirty (30) days of the entry of the final disposition. (i) Delays in completing the administrative hearing that are attributable to either party shall not count against the limit of the one hundred eighty (180) days if the ALJ determines that good cause for the delay is shown by the party requesting the delay and the request for delay is made in writing and delivered to the Department of Human Services Office of Appeals and Hearings and all other parties. (j) Failure to complete the hearing process in a timely fashion shall not deprive the department or a court reviewing the child maltreatment determination of jurisdiction to make a final agency determination or review a final agency determination pursuant to the Arkansas Administrative Procedure Act, Arkansas Code § 25-15-201 et seq. (k)(1) If a court of competent jurisdiction adjudicates a question that is an issue to be determined by the department Office of Appeals and Hearings, the prevailing party to the judicial adjudication who is also a party to the administrative adjudication shall file a certified copy of the judicial adjudication with the office. (2) The office shall determine whether and to what extent the judicial adjudication has preclusive effect on the administrative adjudication by applying the principles of claim preclusion and issue preclusion. (3) The office shall not readjudicate any precluded issue. (4) If the judicial adjudication is modified or reversed, the office shall determine whether and to what extent any issue in the administrative adjudication remains precluded and shall schedule a hearing with respect to any matter that is no longer precluded. (l)(1) The decision becomes final unless appealed and subsequently overturned in a court of law. (2) Upon request by the petitioner, the division shall provide a list of persons who were told previously that the report was “True”. (3) The Social Service Specialist will provide a copy of the administrative hearing order upon request by a subject of the report.