(a) If a court of competent jurisdiction adjudicates a question that is an issue to be determined by the Office of Appeals and Hearings of the Department of Human Services, the prevailing party to the judicial adjudication who is also a party to the administrative adjudication shall file a certified copy of the judicial adjudication with the office.
(b)
(1) The office shall determine whether and to what extent the judicial adjudication has preclusive effect on the administrative adjudication by applying the principles of claim preclusion and issue preclusion.
(2) The office shall not readjudicate any precluded issues.
(c) If the judicial adjudication is modified or reversed, the office shall determine whether and to what extent any issue in the administrative adjudication remains precluded and shall schedule a hearing with respect to any matter that is no longer precluded.
Structure Arkansas Code
Title 12 - Law Enforcement, Emergency Management, and Military Affairs
Subtitle 2 - Law Enforcement Agencies and Programs
Chapter 18 - Child Maltreatment Act
Subchapter 8 - Administrative Hearings
§ 12-18-801. Time to complete administrative hearing
§ 12-18-802. Subpoenas — Service upon a child
§ 12-18-803. Privileged communications as evidence — Exception
§ 12-18-804. Defenses and affirmative defenses
§ 12-18-805. Video teleconferencing and teleconferencing options
§ 12-18-807. Administrative judgments and adjudications
§ 12-18-808. Notice of juvenile division circuit court proceedings
§ 12-18-810. Authority to amend investigative determinations based on evidence
§ 12-18-811. Expedited administrative hearings — Definition
§ 12-18-812. Preliminary administrative hearing
§ 12-18-813. Notice of investigative determination upon satisfaction of due process