§ 12-12-1715 - Rights of subject of report -- Investigative determination of the Department of Human Services -- Notice of finding -- Appeal.
               	 		
12-12-1715.    Rights  of subject of report -- Investigative determination of the Department  of Human Services -- Notice of finding -- Appeal.
    (a)  Upon  completion of an investigation, the Department of Human Services shall  determine that an allegation of adult maltreatment or long-term care  facility maltreatment is either:
      (1)    (A)  Unfounded, a finding that shall be entered if the allegation is not supported by a preponderance of the evidence.
            (B)    (i)  An unfounded report shall be expunged one (1) year after the completion of the investigation.
                  (ii)  Demographic information may be retained for statistical purposes; or
      (2)    (A)  Founded, a finding that shall be entered if the allegation is supported by a preponderance of the evidence.
            (B)  A  determination of founded but exempt shall be entered on a report if an  adult practicing his or her religious beliefs is receiving spiritual  treatment under    5-28-105 or    12-12-1704.
(b)    (1)    (A)  After making an investigative determination, the department shall notify in writing within ten (10) business days:
                  (i)    (a)  The person identified as the offender.
                        (b)  However, in cases of unfounded self-neglect, no notice is required;
                  (ii)  Either the:
                        (a)  Person identified as the maltreated person;
                        (b)  Legal guardian of the maltreated person; or
                        (c)  Natural or legal guardian of a long-term care facility resident under eighteen (18) years of age;
                  (iii)  The current administrator of the long-term care facility if the incident occurred in a long-term care facility; and
                  (iv)  If  known by the Office of Long-Term Care, the administrator of the  long-term care facility that currently employs the offender if different  from the long-term care facility in which the incident occurred.
            (B)  If  the investigation determines that the report is founded, notification  to the offender shall be by process server or by certified mail,  restricted delivery.
      (2)  The notification under subdivision (b)(1) of this section shall include the following:
            (A)  The  investigative determination, exclusive of the source of the  notification, including the nature of the allegation and the date and  time of occurrence;
            (B)  A statement that an offender of a founded report has the right to an administrative hearing upon a timely request;
            (C)  A  statement that the request for an administrative hearing shall be made  to the department within thirty (30) days of receipt of the notice of  determination;
            (D)  A statement  that the administrative hearing will be by telephone hearing unless the  offender requests an in-person hearing within thirty (30) days after  the date of receipt of notice of the determination;
            (E)  A  statement of intent to report in writing after the offender has had an  opportunity for an administrative hearing the founded investigative  determination to:
                  (i)  The Adult and Long-term Care Facility Resident Maltreatment Central Registry; and
                  (ii)  Any applicable licensing authority;
            (F)  A  statement that the offender's failure to request an administrative  hearing in writing within thirty (30) days from the date of receipt of  the notice will result in submission of the investigative report,  including the investigative determination, to:
                  (i)  The registry; and
                  (ii)  Any applicable licensing authority;
            (G)  The consequences of waiving the right to an administrative hearing;
            (H)  The  consequences of a finding by a preponderance of the evidence through  the administrative hearing process that the maltreatment occurred;
            (I)  The fact that the offender has the right to be represented by an attorney at the offender's own expense; and
            (J)  The name of the person making the notification, his or her occupation, and the location at which he or she can be reached.
(c)    (1)  The  administrative hearing process shall be completed within one hundred  twenty (120) days from the date of the receipt of the request for a  hearing unless waived by the offender.
      (2)  The department shall hold the administrative hearing at a reasonable place and time.
      (3)  For  an incident occurring in a long-term care facility, the department may  not make a finding that an offender has neglected a long-term care  facility resident if the offender demonstrates that the neglect was  caused by factors beyond the control of the offender.
      (4)  A  delay in completing the administrative hearing process that is  attributable to the offender shall not count against the time limit in  subdivision (c)(1) of this section.
      (5)  Failure to complete the administrative hearing process in a timely fashion shall not prevent the department or a court from:
            (A)  Reviewing the investigative determination of jurisdiction;
            (B)  Making a final agency determination; or
            (C)  Reviewing a final agency determination under the Arkansas Administrative Procedure Act,    25-15-201 et seq.
      (6)  If  any party timely requests an in-person administrative hearing, the  hearing officer may notify the parties that the hearing will be  conducted by video conference.
(d)    (1)  When  the department conducts an administrative hearing, the chief counsel of  the department may require the attendance of witnesses and the  production of books, records, or other documents through the issuance of  a subpoena if the testimony or information is necessary to adequately  present the position of the department or the alleged offender in a  report.
      (2)  Failure to obey the subpoena may be deemed a contempt and is punishable accordingly.
(e)  If  the department's investigative determination of founded is upheld  during the administrative hearing process or if the offender does not  timely appeal for or waives the right to an administrative hearing, the  department shall report the investigative determination in writing  within ten (10) business days to:
      (1)  The offender;
      (2)  The current administrator of the long-term care facility if the incident occurred in a long-term care facility;
      (3)  The  administrator of the long-term care facility that currently employs the  offender if different from the long-term care facility in which the  incident occurred;
      (4)  The appropriate licensing authority;
      (5)  The registry;
      (6)  The maltreated person or the legal guardian of the maltreated person; and
      (7)  If required under    21-15-110, the employer of any offender if the offender is in a designated position with a state agency.