Ariz. Admin. Code § 21-1-505

Current through Register Vol. 30, No. 43, October 25, 2024

Section R21-1-505 - Exceptions to Right to a Hearing

A. An alleged perpetrator shall be eligible to have an administrative hearing unless the alleged perpetrator is legally excluded.

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.

C. The Department shall not schedule an administrative hearing if the alleged perpetrator:

1. Is a party in a pending civil, criminal, or administrative proceeding in which the same allegations of child abuse or neglect are at issue; or

2. Has a pending juvenile proceeding in which the same allegations of child abuse or neglect are at issue.

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. The results of the legal action;

2. That the proceedings are still pending; or

3. That the legal action did not determine the allegations of child abuse and neglect.

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.

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.

Ariz. Admin. Code § R21-1-505

Adopted by exempt rulemaking at 21 A.A.R. 2555, effective 11/30/2015.