§ 12-18-801 - Time to complete administrative hearing.
               	 		
12-18-801.    Time to complete administrative hearing.
    (a)    (1)    (A)  The  administrative hearing process under this chapter must be completed  within one hundred eighty (180) days from the date of the receipt of the  request for a hearing, or the administrative law judge shall enter an  order overturning the investigative agency's investigative determination  of true.
            (B)  However, delays  in completing the administrative hearing that are attributable to the  petitioner shall not count against the limit of one hundred eighty (180)  days.
      (2)    (A)  If an  order is entered overturning the investigating agency's investigative  determination of true because of the failure to complete the  administrative hearing process within one hundred eighty (180) days, the  Department of Human Services shall report any failures to comply with  this subsection for each quarter to the House Committee on Aging,  Children and Youth, Legislative and Military Affairs and the Senate  Interim Committee on Children and Youth.
            (B)  The  quarterly report to the House Committee on Aging, Children and Youth,  Legislative and Military Affairs and the Senate Interim Committee on  Children and Youth shall include a written explanation of the failure of  the department.
(b)    (1)  The  limit of one hundred eighty (180) days for an administrative hearing  under this chapter shall not apply if there is an ongoing criminal or  delinquency investigation or criminal or delinquency charges have been  filed or will be filed regarding the occurrence that is the subject of  the child maltreatment report.
      (2)  In  a case described under subdivision (b)(1) of this section, the  administrative hearing shall be stayed pending final disposition of the  criminal or delinquency proceedings.
      (3)  It  shall be the duty of the petitioner to report the final disposition of  the criminal or delinquency proceeding to the department.
      (4)  Each report shall include a file-marked copy of the criminal or delinquency disposition.
      (5)  The  request for an administrative hearing shall be deemed waived if the  petitioner fails to report the disposition of the criminal or  delinquency proceedings within thirty (30) days of the entry of a  dispositive judgment or order.
      (6)  If  the criminal or delinquency proceedings have not reached a final  outcome within twelve (12) months of the filing of the request for  administrative hearing, the administrative appeal will be deemed waived  if the petitioner fails to provide a written statement of the status of  the criminal or delinquency proceedings every sixty (60) days and a  disposition report within thirty (30) days of the entry of a dispositive  judgment or order.