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Session Laws, 1999
Volume 796, Page 1893   View pdf image
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[(h) (1)] (4) (I) If a CINA proceeding is pending concerning a child who has
been allegedly abused or neglected by the appellant or a child in the care, custody, or
household of the appellant, the Office of Administrative Hearings shall stay the
hearing until the CINA proceeding is concluded.

[(2)] (II) After the conclusion of the CINA proceeding, the Office of
Administrative Hearings shall vacate the stay and schedule further proceedings in
accordance with this section [and § 5-706.2 of this subtitle].

(C) (1) IN THE CASE OF A FINDING OF UNSUBSTANTIATED ABUSE OR
NEGLECT, A PERSON AN INDIVIDUAL MAY REQUEST A CONFERENCE WITH A
SUPERVISOR IN THE LOCAL DEPARTMENT BY RESPONDING TO THE NOTICE OF THE
LOCAL DEPARTMENT OF SOCIAL SERVICES IN WRITING WITHIN 30 60 DAYS.

(2) IN RESPONSE TO A TIMELY REQUEST FOR A CONFERENCE, A LOCAL
DEPARTMENT SUPERVISOR SHALL SCHEDULE A CONFERENCE, TO OCCUR WITHIN 30
DAYS AFTER THE SUPERVISOR RECEIVES THE REQUEST, TO ALLOW THE PERSON
INDIVIDUAL AN OPPORTUNITY TO REVIEW THE REDACTED RECORD AND REQUEST
CORRECTIONS OR TO SUPPLEMENT THE RECORD.

(3) WITHIN 10 DAYS AFTER THE CONFERENCE, THE LOCAL
DEPARTMENT SHALL SEND TO THE PERSON INDIVIDUAL:

(I) A BRIEF WRITTEN SUMMARY OF THE CONFERENCE AND OF
ANY MODIFICATIONS TO BE MADE IN THE RECORD; AND

(II) NOTICE OF THE INDIVIDUAL'S RIGHT TO REQUEST A
CONTESTED CASE HEARING IN ACCORDANCE WITH PARAGRAPH (4) OF THIS
SUBSECTION.

(4) (I) THE PERSON INDIVIDUAL MAY REQUEST A CONTESTED CASE
HEARING IN ACCORDANCE WITH SUBSECTION (B) OF THIS SECTION TO APPEAL THE
OUTCOME OF THE CONFERENCE BY RESPONDING TO THE SUMMARY IN WRITING
WITHIN 30 60 DAYS.

(II) IF THE INDIVIDUAL DOES NOT RECEIVE THE WRITTEN
SUMMARY AND NOTICE SPECIFIED IN PARAGRAPH (3) OF THIS SUBSECTION WITHIN
20 DAYS, THE INDIVIDUAL MAY REQUEST A CONTESTED CASE HEARING.

(III) AN INDIVIDUAL MAY REQUEST A CONTESTED CASE HEARING IN
THE CASE OF A FINDING OF UNSUBSTANTIATED ABUSE OR NEGLECT ONLY AS
PROVIDED IN THIS PARAGRAPH.

(D) IN THE CASE OF AN UN EXPUNGED FINDING OF INDICATED OR
UNSUBSTANTIATED ABUSE OR NEGLECT MADE PRIOR TO JUNE 1, 1999, THE LOCAL
DEPARTMENT SHALL PROVIDE THE INDIVIDUAL WITH AN OPPORTUNITY TO APPEAL
THE FINDING IN ACCORDANCE WITH THIS SECTION IF THE INDIVIDUAL:

(1) REQUESTS SUCH AN APPEAL;

(2) HAS NOT BEEN OFFERED AN OPPORTUNITY TO REQUEST A
CONTESTED CASE HEARING; AND

 

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Session Laws, 1999
Volume 796, Page 1893   View pdf image
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