1. (a)

   1. (1) Certain unfavorable decisions may be appealed through the appeals and hearings process.

   2. (2) Actions which may be appealed are:

      1. (A) True child maltreatment determinations;
      2. (B) Denials of adoption subsidies; and
      3. (C) Denials or modifications of guardianship subsidies.

2. (b)

   1. (1) An individual must request an administrative hearing within thirty (30) calendar days of receiving a notice of an unfavorable decision from the Division of Children and Family Services.
   2. (2) The appeal must be made in writing to: Department of Human Services Office of Appeals & Hearings P.O. Box 1437, Slot 101 Little Rock, AR 72203

3. (c)

   1. (1) The Appeals and Hearing Section will notify the division when an appeal has been filed.

   2. (2) Upon receiving notice of an appeal, the following entities will immediately prepare a file and make it available to the petitioner, any representative, the Office of Chief Counsel attorney, and the Appeals and Hearings Section:

      1. (A) In child maltreatment-related appeals: Child Maltreatment Central Registry;
      2. (B) In adoption subsidy denials: Adoptions Unit; and
      3. (C) In guardianship subsidy denials or modifications: Foster Care Unit (Permanency Specialist).
4. (d) At least ten (10) days prior to the administrative hearing, the alleged offender and the department will share any information with the other party the party intends to introduce into evidence at the hearing that is not contained in the record.

5. (e)

   1. (1) The Appeals and Hearings Section will send a notice of hearing which contains the time, date, and place of the hearing and the name of the hearing officer who will conduct the hearing.
   2. (2) The hearing will be held by telephone if neither party requests that the hearing be conducted in person.
   3. (3) If the hearing is held in person, the location will be in an office of the department nearest to the petitioner’s residence unless the administrative law judge determines that the hearing will be conducted via video teleconference.

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows: "01/2013"