9 CAR § 40-1007. Preliminary administrative hearing

(a) If the Division of Children and Family Services is unable to notify the alleged offender of the investigation determination, the division Area Manager may request a preliminary hearing using the Request for Preliminary Administrative Hearing to allow provisional placement of the alleged offender’s name in the Child Maltreatment Central Registry. (b) The division Area Manager will determine if the request for the preliminary hearing should be submitted to the Department of Human Services Office of Appeals and Hearings. (c) The division must prove: (1)(A) That it diligently attempted to notify the alleged offender of the investigative determination. (B) This means that the division used a reasonable degree of care to discover the alleged offender’s whereabouts and notify the alleged offender. (C) The division will ensure that documented proof of service of the alleged offender’s right to administrative appeal is maintained in the file. (D) Documentation would include proof that a process server was unsuccessful in locating the alleged offender; and (2) That a child, an elderly person, or a person with a disability or mental illness may be at risk of maltreatment. (d)(1) The division representative must tell the administrative law judge (ALJ) if there is any criminal action pertaining to the investigation. (2) A preliminary administrative hearing shall proceed even if: (A) There is an ongoing criminal or delinquency investigation regarding the occurrence that is the subject of the child maltreatment investigation; and (B) Criminal or delinquency charges are filed or will be filed regarding the occurrence that is the subject of the child maltreatment investigation. (e) At the preliminary hearing, the Administrative Law Judge will determine whether there is a prima facie case that: (1) The offender committed child maltreatment, that is, whether the evidence, if not contradicted, is sufficient to support a judgment that the allegations are true; and (2) A child, an elderly person, or a person with a disability or mental illness may be at risk of maltreatment. (f)(1) If the Administrative Law Judge determines that there is a prima facie case, the division will provisionally place the offender’s name in the Child Maltreatment Central Registry. (2) The division will make notification of the determination to persons as described in 9 CAR § 40-1506, notices that offender’s name will be placed in the Child Maltreatment Registry. (3) The division will continue to attempt to notify the alleged offender using the Notice of Name Placement on Central Registry to Offender no less frequently than once a year for no fewer than three (3) years from the date the name is placed on the Child Maltreatment Central Registry. (4) After three (3) years, no further contact will be made and the alleged offender’s name will provisionally remain on the Child Maltreatment Central Registry. (g)(1) Within thirty (30) days of receiving notice of the determination of their listing in the Child Maltreatment Central Registry, the offender may request a hearing as outlined in the notice. (2) If the offender fails to request a regular administrative hearing within thirty (30) days of receipt of the notice of the investigative determination, the Administrative Law Judge may determine that the provisional designation is removed and the offender’s name be officially placed in the Child Maltreatment Central Registry. (h)(1) If the Administrative Law Judge determines that there is no prima facie case, the division will not place the alleged offender’s name in the Child Maltreatment Central Registry. (2) The division will continue to provide notice to the alleged offender using the Notice to Alleged Adult Offender of True Maltreatment Investigative Determination of the true investigation hearing and the opportunity for a regular administrative hearing no less frequently than once a year for no fewer than three (3) years from the date when the name is placed on the Child Maltreatment Central Registry.