(e) (1) Except as provided in paragraph (3) of this subsection, on request by
a person suspected of abuse or neglect, the Department shall hold an administrative
hearing for the purpose of allowing the person to appeal the entry of the person's
name in a central registry.
(2) The hearing shall be held in the county in which the person suspected
of abuse or neglect resides.
(3) The name of a person adjudicated a child abuser may be entered in a
central registry without an opportunity for a hearing under this subsection.
(d) The Department may not enter the name of a person in a central registry
unless the person has:
(1) been adjudicated a child abuser;
(2) unsuccessfully appealed the entry of the person's name in the central
registry under procedures established by the Department and this section; or
(3) failed to respond within 15 days to notice by the Department of the
Department's intent to enter the person's name in a central registry.
(e) The Department without the necessity of a request shall remove the name
of a person suspected of abuse or neglect from a central registry if no entry has been
made for that person for 7 years after the entry of the person's name in a registry.]
SECTION 2. AND BE IT FURTHER ENACTED, That this Act is an
emergency measure, is necessary for the immediate preservation of the public health
and safety, has been passed by a yea and nay vote supported by three-fifths of all the
members elected to each of the two Houses of the General Assembly, and shall take
effect from the date it is enacted shall take effect June 1, 1999.
Approved April 27, 1999.
CHAPTER 215
(House Bill 172)
AN ACT concerning
Vessels - Operating While Under the Influence of Drugs or Alcohol
FOR the purpose of making the results of a test to determine the drug or controlled
dangerous substance content of a person's blood admissible as evidence in a
criminal case involving a violation of the prohibition against operating a vessel
while under the influence of any controlled dangerous substance or while so far
under the influence of any drug, combination of drugs, or combination of drugs
and alcohol that the person cannot operate a vessel safely; establishing that a
certain alcohol concentration, as determined by an analysis of the person's blood
or breath, is prima facie evidence that the person was operating a vessel while
intoxicated; making stylistic changes; and generally relating to the operation of
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