1. (a)

   1. (1) If the alleged offender requests a hearing, the Division of Children and Family Services may then request an expedited hearing if:

      1. (A) The alleged offender is engaged in child-related activities or employment or is employed or a volunteer with persons with disabilities, persons with mental illness, or elderly persons; and
      2. (B) Those persons are at risk of harm because of the alleged offender’s employment or volunteer activities.
   2. (2) The division will notify the alleged offender using certified mail within three (3) business days of the request via the CFS-233-T: Child Maltreatment Expedited Hearing Notice to Alleged Offender that an expedited hearing has been requested.
   3. (3) The alleged offender will have five (5) days from receipt of the notice of the request to object to the request to expedite the administrative hearing.
   4. (4) The alleged offender must notify the Department of Human Services in writing via mail, fax, or email of his or her objection.

2. (b)

   1. (1) The Area Director or Crimes Against Children Division Area Manager will determine if the request for the expedited hearing should be submitted to the Office of Appeals and Hearings.
   2. (2) The request for the expedited hearing should be made using the CFS-232-T EH: Expedited Hearing Request.
   3. (3) If approved for an expedited hearing, Office of Appeals and Hearings will notify the alleged offender of the date of the hearing.

3. (c)

   1. (1) If approved for an expedited hearing, the investigator shall provide the alleged offender with a complete copy of his or her file.

   2. (2) The department may charge:

      1. (A) A reasonable fee not to exceed ten dollars ($10.00) for researching, copying, or mailing records from a child maltreatment investigative file; and
      2. (B) A reasonable fee for reproducing copies of electronic media, such as audio tapes, video recordings, compact discs or DVDs, and photographs.
   3. (3) However, no fee may be charged to a person who is indigent.

4. (d)

   1. (1) The investigator shall document when the file was made available to the alleged offender.
   2. (2) The file is considered to have been made available when notification is made to the offender or his or her attorney that a copy of the investigative record is available for pickup at the department office in the county in which the alleged offender resides or in the department office in the county designated by the alleged offender or his or her attorney.

5. (e)

   1. (1) The expedited hearing may not be held until thirty (30) days have elapsed since the division made available to the alleged offender a complete copy of his or her file.
   2. (2) The alleged offender may waive the requirement for the thirty-day wait period.

Codification Notes: “DVD” means digital video disc. This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows: "08/2013"