Sec. 07.02.26.05. Request for Appeal

A. Indicated Child Abuse or Neglect. An individual found responsible for indicated child abuse or neglect or any individual who was alleged to have abused or neglected a child in a case that resulted in a finding of indicated child abuse or neglect with no maltreator identified may appeal the finding by, not later than 60 days after receipt of the local department's notice of action, filing with OAH:

(1) The required filing fee or appropriately documented request for a fee waiver; and

(2) The contested case hearing request form.

B. Unsubstantiated Child Abuse or Neglect. An individual found responsible in a case of unsubstantiated child abuse or neglect or any individual who was alleged to have abused or neglected a child in a case that resulted in a finding of unsubstantiated child abuse or neglect with no maltreator identified may appeal the finding by forwarding to the local department, not later than 60 days after receipt of the local department's notice of action, a written request for a conference.

C. Failure of an appellant to comply with the requirements in this regulation shall result in dismissal of the appeal.

D. OAH shall notify the local department of a request for a hearing not later than 15 days after receipt.

E. If a local department receives a request for a hearing with a proper fee enclosed or an appropriately documented request for a fee waiver, it shall forward the request to OAH not later than 10 days after receipt.

F. If a local department receives a request for a hearing without the proper fee or appropriately documented request for a fee waiver, it shall return the request to the appellant as soon as possible but not later than 10 days after receipt.

G. If OAH receives a request for a conference, it shall forward the request to the local department not later than 10 days after receipt.

H. An individual is presumed to have received the notice of action 3 business days after the date on the top of the form.

I. OAH will schedule the hearing in the jurisdiction where the appellant resides unless all of the parties consent to another venue.