Ch. 318                                         1993 LAWS OF MARYLAND

5-706.1.

(A) WITHIN 30 DAYS AFTER THE' COMPLETION OF AN INVESTIGATION IN
WHICH THERE HAS BEEN A FINDING OF INDICATED OR UNSUBSTANTIATED ABUSE
OR NEGLECT, THE LOCAL DEPARTMENT SHALL NOTIFY IN WRITING THE PERSON
ALLEGED TO HAVE ABUSED OR NEGLECTED A CHILD;

(1)      OF THE FINDING; AND

(2)      EXCEPT WHEN A CINA PETITION HAS BEEN FILED INVOLVING THE
CHILD ALLEGED TO BE ABUSED OR NEGLECTED, THAT THE PERSON MAY REQUEST
AN ADMINISTRATIVE HEARING TO APPEAL THE FINDING.

(B) WITHIN 30 DAYS OF A DISMISSAL OF A CINA PETITION, THE LOCAL
DEPARTMENT OF SOCIAL SERVICES SHALL NOTIFY IN WRITING THE PERSON
ALLEGED TO HAVE ABUSED OR NEGLECTED A CHILD THAT THE PERSON MAY
REQUEST AN ADMINISTRATIVE HEARING TO APPEAL AN INDICATED OR
UNSUBSTANTIATED FINDING.

(C)     A PERSON MAY REQUEST AN ADMINISTRATIVE HEARING BY
RESPONDING TO THE NOTICE OF THE LOCAL DEPARTMENT OF SOCIAL SERVICES IN
WRITING WITHIN 60 DAYS.

(D)     THE LOCAL DEPARTMENT SHALL FORWARD ALL REQUESTS FOR
HEARINGS TO THE OFFICE OF ADMINISTRATIVE HEARINGS WITHIN 10 DAYS OF
RECEIPT.

(E) ON RECEIPT OF A REQUEST FOR AN ADMINISTRATIVE HEARING TO
APPEAL AND PRIOR TO THE HEARING, THE DEPARTMENT SHALL:

(1) REVIEW ALL RECORDS AND REPORTS CONCERNING THE ALLEGED
ABUSE OR NEGLECT; AND

(2) DETERMINE WHETHER THE FINDING SHALL BE AMENDED,
MODIFIED, OR EXPUNGED.

(F)      UNLESS THE PERSON AND THE DEPARTMENT AGREE ON ANOTHER
LOCATION, THE HEARING SHALL BE HELD IN THE MANNER PROVIDED UNDER §.
5-706.2 OF THIS SUBTITLE IN THE JURISDICTION IN WHICH THE PERSON ALLEGED TO
HAVE ABUSED OR NEGLECTED A CHILD RESIDES.

(G)     IF A CRIMINAL PROCEEDING IS PENDING ON CHARGES ARISING OUT OF
THE ALLEGED ABUSE OR NEGLECT, THE OFFICE OF ADMINISTRATIVE HEARINGS
SHALL STAY THE HEARING UNTIL A FINAL DISPOSITION IS MADE.

(H) IF AFTER FINAL DISPOSITION OF THE CRIMINAL CHARGE, THE PERSON
REQUESTING THE HEARING IS FOUND GUILTY OF ANY CRIMINAL CHARGE ARISING
OUT OF THE ALLEGED ABUSE OR NEGLECT, THE OFFICE OF ADMINISTRATIVE
HEARINGS SHALL DISMISS THE ADMINISTRATIVE APPEAL.

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