A. After completing its investigation, the department shall notify a person who is alleged to have abused, neglected or exploited a vulnerable adult that the department intends to enter a substantiated finding of abuse, neglect or exploitation in the registry and of that person's right:

1. 1. To receive a copy of the report containing the allegation and findings.
2. 2. To a hearing before entry into the registry pursuant to section 46-459.

E. Notwithstanding section 41-1061, subsection B, the notification prescribed in subsection A of this section shall also state that if the department does not amend the information or finding in the report as prescribed in subsection D of this section within sixty days after it receives the request for a hearing the person has a right to a hearing unless either:

1. 1. The person is a party in a civil, criminal or administrative proceeding in which the allegations of abuse, neglect or exploitation are at issue.
2. 2. A court or administrative law judge has made findings as to the alleged abuse, neglect or exploitation.

G. The office of administrative hearings shall hold a hearing pursuant to title 41, chapter 6, article 10, with the following exceptions:

1. 1. A vulnerable adult who is the victim of or a witness to abuse, neglect or exploitation is not required to testify at the hearing.
2. 2. The identity of the reporting source of the abuse, neglect or exploitation shall not be disclosed without the permission of the reporting source.
3. 3. The reporting source is not required to testify.
4. 4. A written statement from the reporting source may be admitted if the time, content and circumstances of that statement are sufficiently indicative of its reliability.
5. 5. If the person requesting the hearing fails to appear, the hearing shall be vacated and a substantiated finding of abuse, neglect or exploitation shall be entered. On good cause shown, the hearing may be rescheduled if the request is made within fifteen calendar days after the date of the notice vacating the hearing for failure to appear.

I. Notwithstanding section 41-1959, the department shall notify the person who is the subject of the investigation and the person who reported the allegations of abuse, neglect or exploitation of the outcome of the investigation at one of the following times:

1. 1. At the conclusion of the investigation if the report is unsubstantiated or if, by a preponderance of the evidence, there is reason to believe the allegation did occur but no perpetrator has been identified.
2. 2. After the time to request a hearing has lapsed pursuant to subsection C of this section without the department receiving a request for a hearing.
3. 3. After a final administrative decision has been made.

N. For the purposes of this section:

1. 1. "Amend the finding" means to change the finding from substantiated to unsubstantiated.
2. 2. "Amend the information" means to change information identifying the accused of having abused, neglected or exploited a vulnerable adult.
3. 3. "Final decision" means a decision for which the time to appeal has expired or from which no further appeal is available.