Sec. 07.02.26.10. Exceptions to Appeal Timeframes

A. Upon written request, a local department shall offer an individual found responsible for an unexpunged finding of indicated or unsubstantiated child abuse or neglect made before June 1, 1999, an opportunity to appeal in accordance with this chapter, if the individual has not:

(1) Been found guilty of a criminal charge arising out of the alleged child abuse or neglect;

(2) Previously had a hearing at OAH to appeal the finding; or

(3) Previously been given notice of the opportunity to request a hearing.

B. Upon written request, a local department may offer an individual found responsible for an unexpunged finding of indicated or unsubstantiated child abuse a hearing if the individual provides documentation of a change of address prior to the local department sending notice of the finding and of appeal rights.

C. Any hearing held in accordance with §A or B of this regulation will be:

(1) Conducted under current appeal procedures; and

(2) Decided based on the law defining child abuse or neglect at the time the finding was made.