§ 12-18-811 - Expedited administrative hearings. - Arkansas Statutes

12-18-811. Expedited administrative hearings.

(a) (1) If an alleged offender timely requests an administrative hearing, the Department of Human Services may request that the administrative hearing be expedited if the alleged offender is engaged in child-related activities or employment or the alleged offender is employed or a volunteer with persons with disabilities, persons with mental illnesses, or elderly persons.

(2) The alleged offender shall have five (5) days from date of receipt of the request for an expedited administrative hearing to object to any request to expedite the administrative hearing.

(b) The expedited administrative hearing shall be granted if any of the following are at risk because of the alleged offender's employment or volunteer activities:

(1) Children;

(2) The elderly; or

(3) Persons with disabilities or mental illnesses.

(c) If the administrative hearing is expedited, the department shall immediately make the investigative file available to the alleged offender.

(d) (1) The department may charge:

(A) A reasonable fee not to exceed ten dollars ($10.00) for researching, copying, and mailing records of the investigative file; and

(B) A reasonable fee for reproducing copies of tapes and photographs.

(2) A fee shall not be charged to a person who is indigent.

(e) (1) Unless waived by the alleged offender, the expedited administrative hearing process shall not be held until at least thirty (30) days have elapsed after the investigative file is made available to the alleged offender.

(2) As used in this section, "made available" means notification to the offender or his or her attorney that a copy of the investigative record is available for pickup at the department office in the county in which the alleged offender resides or in the department office in the county designated by the alleged offender or his or her attorney.