(1) The state department shall promulgate appropriate rules for the implementation of this article 3.1.
(2) In addition to rules promulgated pursuant to subsection (1) of this section, the state department shall promulgate rules to establish a process at the state level by which a person who is substantiated in a case of mistreatment of an at-risk adult may appeal the finding to the state department. At a minimum, the rules promulgated pursuant to this subsection (2) shall address the following:
(a) The process by which a person who is substantiated in a case of mistreatment of an at-risk adult receives adequate and timely written notice from the county department of that finding and of his or her right to appeal the finding to the state department;
(b) The effective date of the notification of finding and appeal process;
(c) A requirement for and procedures to facilitate the expungement of and prevention of the release of any information contained in CAPS records for purposes of a CAPS check related to a person who is substantiated in a case of mistreatment of an at-risk adult that existed prior to May 31, 2017; except that the state department and county departments may maintain such information in CAPS to assist in future risk and safety assessments.
(d) The timeline and process for appealing the finding of a substantiated case of mistreatment of an at-risk adult;
(e) Designation of the entity other than the county department with the authority to accept and respond to an appeal by a person substantiated in a case of mistreatment of an at-risk adult at each stage of the appellate process;
(f) The legal standards involved in the appellate process and a designation of the party who bears the burden of establishing that each standard is met; and
(g) The confidentiality requirements of the appeals process.
(3) A county department is not required to provide notice to a person of a finding of a substantiated case of mistreatment of an at-risk adult until CAPS is capable of automatically generating the notice required pursuant to state department rules.
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