(a)
- (1) The offender’s request for an administrative review must be made, in writing, within fifteen (15) days of receipt of the advisement of the assessment level notification sent to the offender by certified mail and first-class mail.
- (2) Receipt of the advisement of the risk level notification will be presumed within five (5) days of postmark.
(3)
- (A) The offender is responsible for delivery of the request for administrative review to SOCNA.
- (B) The offender should send a written request for administrative review to P.O. Box 6209, Pine Bluff, AR, 71611-6209.
(b)
- (1) The offender must clearly state and support, with documentary evidence attached to the request, his or her basis for the administrative review.
(2) The following shall be considered as a basis for administrative review:
- (A) The rules and procedures of the SOCNA were not properly followed in reaching a decision of the community notification level of the sex offender;
- (B) Documents or information not available at the time of assessment have a bearing on the risk that the sex offender poses to the community; or
- (C) The assessment is not supported by substantial evidence.
(c)
- (1) The administrative review is a review of the record only and is conducted by a member of the Sex Offender Assessment Committee.
- (2) The offender has no right to a hearing in which he or she will appear and/or call witnesses.
(d)
- (1) Upon receipt of a request for an administrative review, SOCNA will forward the request and the record to the reviewing official.
(2) The reviewing official will review the record and determine whether to:
- (A) Uphold the assessment; or
- (B) Submit the review to the committee for modification consideration.
- (3) A majority vote of the committee will be required to modify the notification level based upon the administrative review.
- (4) If an administrative review cannot be completed within thirty (30) days of receipt of the request for administrative review, the reviewing official shall notify the offender of the delay by regular mail.
(e)
- (1) Upon completion of the administrative review, the results will be documented and forwarded to the offender by certified mail.
- (2) For those incarcerated, service shall be as provided in the Arkansas Rules of Civil Procedure or by personal delivery to the offender.
- (3) Community notification at the risk level assigned in the administrative review will commence five (5) days after the postmark of the administrative review decision to the offender.
(f)
- (1) During the administrative review, the local law enforcement agency having jurisdiction may make community notification at the initial level of assessment, Arkansas Code § 12-12-922(b)(5).
- (2) SOCNA will notify law enforcement of the conclusion and results of the administrative review and community notification will be adjusted pursuant to any change in the level assigned.
Codification Notes: “SOCNA” means Sex Offender Community Notification Assessment.