§ 12-18-801 - Time to complete administrative hearing. - Arkansas Statutes

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.