(a) In an administrative hearing held under this chapter, an administrative law judge shall determine whether:
(1) A preponderance of the evidence supports a finding that an allegation of child maltreatment is true; and
(2) The Department of Human Services abused its discretion in determining that an offender may pose a risk of maltreatment to a vulnerable population that includes without limitation, children, the elderly, persons with a disability, and persons with a mental health illness.
(b) An administrative law judge shall direct the name of an offender to be placed on the Child Maltreatment Central Registry if a preponderance of the evidence supports a finding that:
(1) An allegation of child maltreatment is true; and
(2) The department did not abuse its discretion in determining that the offender may pose a risk of maltreatment to a vulnerable population.
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