Sec. 07.02.26.09. Appeal of Outcome of Conference

A. If as a result of the conference the local department does not agree to modify its unsubstantiated finding, the appellant may appeal the finding of unsubstantiated child abuse or neglect in a hearing in accordance with this chapter.

B. An appellant may appeal the finding of unsubstantiated child abuse or neglect by, not later than 60 days after receipt of the local department’s summary of conference, filing with OAH:

(1) The contested case hearing request form;

(2) The summary of the conference; and

(3) The required filing fee or appropriately documented request for a fee waiver.

C. If an appellant does not receive a written summary of the conference within 20 days of the conference, the appellant may appeal the finding by:

(1) Requesting a contested case hearing request form from the local department; and

(2) Sending to OAH not later than 80 days after the date of the conference:

(a) The contested case hearing request form; and

(b) The required filing fee or appropriately documented request for a fee waiver.

D. OAH shall dismiss the appeal of an unsubstantiated finding by any individual who does not submit a summary of the conference unless the individual can establish that:

(1) The individual had a conference but did not receive a conference summary within 20 days of the conference; or

(2) The individual requested a conference in accordance with this chapter, and that:

(a) The local department failed to schedule a conference in accordance with this chapter; or

(b) The individual had good cause for failing to attend a scheduled conference.