Section 336.85 Expedited Administrative Appeals for Child Care Workers

Section 336.85  Expedited Administrative

Appeals for Child Care Workers

a)         Child

care workers who are the subject of a Department finding that an allegation of

child abuse and/or neglect is indicated may request from the Department's

Administrative Hearings Unit an expedited appeal. The written request for an

appeal must specifically state that an expedited appeal is being requested.  The

Department may request that an appellant requesting an expedited appeal provide

documentation to confirm his or her status as a child care worker.

Any time expended for the request, review and determination

by the Chief ALJ as to the appellant's status as a child care worker shall not

be attributed to the Department

.

b)         Within

seven calendar days after AHU's receipt of the request for an expedited appeal,

the Department will set pre-hearing and hearing dates and send the appellant

and his or

her representative a notice by certified mail of the dates,

along with a copy of the investigative file.

c)         The

pre-hearing date will be set within 14 calendar days after receipt of the

request for expedited appeal. The parties should be prepared to have the

Department issue any subpoenas after the conclusion of the pre-hearing

conference.

d)         The

hearing date will be set within seven calendar days after the pre-hearing

conference and within 21 calendar days after receipt of the request for

expedited appeal. The Department will set aside two consecutive days for the

administrative hearing.

e)         If

the appellant in an expedited appeal requests any extension of time that is in

excess of seven calendar days, the appeal shall automatically be converted from

an expedited appeal to a regular appeal under Section 336.80.

f)         The ALJ

will provide the Director with a recommended decision within 7 calendar days after

completion of the expedited appeal hearing

rative hearing.

e)         If

the appellant in an expedited appeal requests any extension of time that is in

excess of seven calendar days, the appeal shall automatically be converted from

an expedited appeal to a regular appeal under Section 336.80.

f)         The ALJ

will provide the Director with a recommended decision within 7 calendar days after

completion of the expedited appeal hearing.

g)         The Director

will issue a final administrative decision within seven calendar days after

receipt of the ALJ's recommended decision and the Director's decision will be

sent to the appellant and his or her representative by certified mail within 35

calendar days after the date on which the expedited appeal request was

received.