1. (a)

   1. (1) The Appeals and Hearings Section will notify the Division of Children and Family Services that an appeal has been filed.

   2. (2) The Division of Children and Family Services investigator responsible for the case will:

      1. (A) Prepare an investigative file immediately; and
      2. (B) Make it available to:

2. (i) The petitioner;

   1. (ii) Any representative;

      1. (iii) The Office of Chief Counsel attorney; and

         1. (iv) The Appeals and Hearings Section.

3. (b)

   1. (1) At least ten (10) days prior to the administrative hearing, the alleged offender and the Department of Human Services 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.

   2. (2) Additionally, if any child served with a subpoena to be a witness in an administrative hearing is a party to an open dependency-neglect case, the child’s attorney ad litem will be provided a copy of the subpoena.

      1. (c)
   3. (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.
   4. (2) The hearing will be held by telephone if neither party requests that the hearing be conducted in person.

   5. (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.

      1. (d)
   6. (1) Upon receipt of notice that a true child maltreatment determination is the subject of an appeal, the Division of Children and Family Services investigator and the Division of Children and Family Services Supervisor or Crimes Against Children Division investigator and Crimes Against Children Division supervisor (as appropriate), Office of Chief Counsel attorney and the Area Director will consult to review the evidence used to establish the true determination and ascertain the impact of any subsequent events of the case after the determination was made.

   7. (2) If the consultation reveals no merit for defending the true finding, the Area Director will complete the CFS-313: Office of Chief Counsel Review of Administrative Hearing Investigative Determination and provide a copy to the:

      1. (A) County Supervisor;
      2. (B) Office of Chief Counsel attorney; and
      3. (C) Assistant Director of Field Operations.
   8. (3) The Office of Chief Counsel attorney will inform Appeals and Hearings of the decision not to defend.
   9. (4) The CFS-313 will be included in the investigative file.
   10. (5) If the consultation reveals merit for defending the true finding, the appropriate office/unit must designate a representative who must be familiar with the circumstances leading to the adverse decision and must be able to summarize the pertinent aspects of the situation and present the documentation to support the basis for the findings.
   11. (6) The representative will be able to answer questions posed by the petitioner or the hearing officer relative to the issue and should be prepared to cross-examine witnesses.

4. (e)

   1. (1) The department must notify the hearing officer and respondent of the status of any proceeding of the juvenile division of the circuit court if the child maltreatment at issue in the administrative hearing proceeding is also an issue in the juvenile division of the circuit court proceeding.

   2. (2) The notice may include issues such as:

      1. (A) Whether a seventy-two-hour hold was exercised on the victim;
      2. (B) Whether the child was released; or
      3. (C) If a petition for emergency custody or dependency-neglect was dismissed.

5. (f)

   1. (1) Office of Chief Counsel will assign an attorney to represent the investigative agency at the hearing only if the petitioner has an attorney.
   2. (2) If the petitioner appears at the hearing with an attorney without having first notified the department, the investigator shall ask for a continuance so that an Office of Chief Counsel attorney may be appointed.
6. (g) If the petitioner fails to appear for the hearing and does not contact the Appeals and Hearings Section prior to the date of the hearing, the appeal will be dismissed.

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows: "08/2013"