1. A. An alleged perpetrator shall be eligible to have an administrative hearing unless the alleged perpetrator is legally excluded.
2. B. The Department shall mail an alleged perpetrator who is legally excluded an Ineligibility Letter within seven days of the PSRT determination of ineligibility for an appeal.

3. C. The Department shall not schedule an administrative hearing if:

   1. 1. The alleged perpetrator is a party in a pending civil, criminal, or administrative proceeding in which the same allegations of child abuse or neglect are at issue;
   2. 2. The alleged perpetrator has a pending juvenile proceeding in which the same allegations of child abuse or neglect are at issue;
   3. 3. A court or administrative law judge has made findings as to the alleged abuse or neglect; or
   4. 4. A court has found that a child is dependent or has terminated a parent’s rights based on an allegation of abuse or neglect.

4. D. An alleged perpetrator whose hearing is not scheduled under subsection (C)(1) shall have six months from the date of the Ineligibility Letter to provide court documentation to the Department showing:

   1. 1. The results of the legal action;
   2. 2. That the proceedings are still pending; or
   3. 3. That the legal action did not result in a finding as to the allegation of child abuse or neglect.
5. E. If the alleged perpetrator does not contact the Department within six months of the date of the Ineligibility Letter with the information listed in subsection (D), the Department shall enter the person’s name and the finding in the Central Registry.
6. F. Notwithstanding subsection (E), if the alleged perpetrator contacts the Department after six months and provides the documentation in subsection (D) the alleged perpetrator may be entitled to a hearing subject to the provisions of R21-1-508.

Historical Note

New Section made by final exempt rulemaking at 21 A.A.R. 2554, effective November 30, 2015 (Supp. 15-4).

Amended by final rulemaking at 31 A.A.R. 4735 (December 26, 2025), with an immediate effective date of December 3, 2025 (Supp. 25-4).