Arkansas Law

§ 5-28-211. Rights of subject of report - Notice of finding - Amendment and appeal.

(a)(1)(A) At any time, the subject of a report may receive, upon request, a report of all information contained in the central registry concerning completed founded investigations of which he or she is a subject.

          (B) However, the director of the department or his authorized agent is authorized to prohibit the release of data that would identify the person who made the report or who cooperated in a subsequent investigation if the director reasonably finds the data to be detrimental to the interest or safety of the person.

               (2)(A) With respect to pending or inactive investigations, the subject may only be advised that the investigation is pending or inactive.

               (B) With respect to unfounded investigations, the subject may only be advised that a report was unfounded and of the date the determination was made.

(b)(1)(A) Following completion of the investigation, the department shall notify each known subject of the report of the determination within thirty (30) days after completion of the investigation.

          (B) If the report is determined to be founded, notification shall be by hand delivery or by certified mail, restricted delivery.

               (2) Such notification shall include the following:

                    (A) The investigative determination, exclusive of the source of the notification;

                    (B) A statement that a subject of a founded report may request an administrative hearing;

                    (C) A statement that such request must be made to the department within thirty (30) days of receipt of the notice of determination; and

                    (D) The name of the person making notification, his occupation, and where he can be reached.

(c) The administrative hearing process must be completed within one hundred eighty (180) days from the date of the receipt of the request for a hearing unless the person appealing waives the time limit.

(d)(1) When the department conducts such administrative hearings, the chief counsel of the department is authorized to require the attendance of witnesses and the production of books, records, or other documents through the issuance of subpoenas when such testimony or information is necessary to adequately present the position of the Department of Human Services, law enforcement, the Attorney General's office, or the alleged offender in a report.

          (2) Failure to obey the subpoena may be deemed a contempt, punishable accordingly.

(e) No action by appeal from a determination that a report is founded shall be brought more than two (2) years after the completion of the investigation.

History. Acts 1983, No. 452, § 14; A.S.A. 1947, § 59-1314; Acts 1995, No. 1338, § 2; 1999, No. 753, § 9.