(a) If the Department of Human Services and the Department of Arkansas State Police are unable to notify an offender of an investigative determination under this chapter, the Department of Human Services and the Department of Arkansas State Police may request a preliminary administrative hearing to allow provisional placement of the offender's name in the Child Maltreatment Central Registry.
(b) The Department of Human Services and the Department of Arkansas State Police must prove that the Department of Human Services and the Department of Arkansas State Police diligently attempted to notify the alleged offender of the investigative determination, specifically, that the Department of Human Services and the Department of Arkansas State Police used a reasonable degree of care to ascertain the offender's whereabouts and notify the offender.
(c)
(1) The Department of Human Services and the Department of Arkansas State Police shall notify the administrative law judge of any known criminal action related 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; or
(B) Criminal or delinquency charges are filed or will be filed regarding the occurrence that is the subject of the child maltreatment investigation.
(d) At the preliminary administrative hearing, the administrative law judge shall determine whether a prima facie case exists that:
(1) The offender committed child maltreatment, that is, whether a preponderance of the evidence supports a finding that the allegations are true; and
(2) A child, elderly person, person with a disability, or person with mental illness may be at risk of harm.
(e) If the administrative law judge determines there is not a prima facie case, the Department of Human Services and the Department of Arkansas State Police shall not at that time place the alleged offender's name in the registry but may continue to provide notice to the alleged offender for a regular administrative hearing.
(f) If the administrative law judge determines there is a prima facie case, the administrative law judge shall direct that the offender's name shall be provisionally placed in the registry.
(g)
(1) If an offender's name is provisionally placed in the registry the alleged offender may request a regular administrative hearing within thirty (30) days of receipt of the notice of the investigative determination.
(2) Failure to timely request a regular administrative hearing shall result in a finding by the administrative law judge that the provisional designation shall be removed and the offender's name shall be officially placed in the registry.
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