1. (a) The file prepared for the hearing will contain all information obtained during the course of the investigation.

2. (b)

   1. (1) The office that prepares the investigative file will present evidence to support the decision that is the subject of disagreement.

   2. (2) For a hearing request based on a child maltreatment investigation report, the file will contain a copy of the:

      1. (A) CFS-6001: Referral Information Report;
      2. (B) CFS-212-A: Notice of Child Maltreatment Allegation to Alleged Offender;
      3. (C) CFS-384-LEA: Notification to LEA;
      4. (D) CFS-320: Administrative Hearing Statement; and
      5. (E) CFS-232-T1: Notice to Alleged Adult Offender of True Maltreatment Investigative Determination.

3. (c)

   1. (1) A copy of the return receipt verification (green card) or documentation of delivery by a process server must also be attached to the file.
   2. (2) The CFS-313: Office of Chief Counsel Review of Administrative Hearing Investigative Determination will be included with the investigative file if the agency has decided that the true child maltreatment determination will not be defended.

4. (d)

   1. (1) The CFS-320: Administrative Hearing Statement will summarize the nature of the complaint, a summary of the Child Maltreatment Investigation, and the decision.
   2. (2) The CFS-320: Administrative Hearing Statement, however, is not evidence.
   3. (3) Complete documentation will be required in the investigative file to support the administrative hearing statement.
5. (e) If the investigative file prepared is incomplete the ALJ may grant a continuance and direct the Division of Children and Family Services to make diligent inquiry and obtain the missing information and provide it to the offender.

6. (f)

   1. (1) County staff will have ten (10) calendar days to respond to a request from the Child Maltreatment Central Registry for a copy of the investigative file.
   2. (2) The investigative file shall include any copies of pictures, audio tapes, and video tapes that are a part of a particular file.

7. (g)

   1. (1) County staff must complete the CFS-320: Administrative Hearing Statement upon request by Central Registry for the investigative file.
   2. (2) Staff will route the CFS-320: Administrative Hearing Statement directly to Appeals and Hearings, with a copy to the Office of Chief Counsel attorney, if an attorney is assigned.
   3. (3) If the name of the assigned Office of Chief Counsel attorney is not known, the copy of the CFS-320: Administrative Hearing Statement should be sent to the County Legal Operations Coordinator.
   4. (4) The individual requesting the hearing (the petitioner) will be advised by the Appeals and Hearings Section that the petitioner has ten (10) calendar days to provide a witness list.

8. (h)

   1. (1) An Office of Chief Counsel attorney may provide assistance in case preparation even if the attorney will not be at the hearing.
   2. (2) The Office of Chief Counsel will provide relevant information pertinent to the defense of the determination on CFS-313: Office of Chief Counsel Review of Administrative Hearing Investigative Determination.
9. (i) Department of Human Services employees will be expected to attend hearings and present testimony without the benefit of a subpoena and will be notified by the Appeals and Hearings Section of their required presence at the hearing.

10. (j)

    1. (1) The division representative will be notified of any witness requested by the petitioner requesting the hearing.
    2. (2) The division representative will have five (5) calendar days from receipt of this notice to request a for-rebuttal witness list.

11. (k)

    1. (1) The department’s Office of Chief Counsel, will issue the subpoenas under the authority of Arkansas Code §§ 20-18-802 and 20-76-201.
    2. (2) The Chief Counsel of the department may designate someone to sign subpoenas issued for administrative hearings on child maltreatment.
12. (l) Administrative hearing decisions and all exhibits submitted at the hearing are confidential and may be used or disclosed only as provided in Arkansas Code § 12-18-809.

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