Ark. Dep't of Human Servs. v. Salcido

2018 Ark. App. 559, 567 S.W.3d 510
CourtCourt of Appeals of Arkansas
DecidedNovember 28, 2018
DocketNo. CV-18-463
StatusPublished

This text of 2018 Ark. App. 559 (Ark. Dep't of Human Servs. v. Salcido) is published on Counsel Stack Legal Research, covering Court of Appeals of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ark. Dep't of Human Servs. v. Salcido, 2018 Ark. App. 559, 567 S.W.3d 510 (Ark. Ct. App. 2018).

Opinion

RITA W. GRUBER, Chief Judge

The Arkansas Department of Human Services (DHS) appeals from the circuit court's reversal of an administrative decision placing Santino Salcido's name on the Child Maltreatment Central Registry. The DHS Office of Appeals and Hearings (OAH) dismissed Salcido's appeal due to his failure to timely provide it with a copy of the final disposition of his criminal proceeding. On Salcido's petition for review of the administrative order dismissing his appeal, the circuit court remanded for a hearing on the merits. We reverse the decision of the circuit court and affirm OAH's order dismissing the case.

On April 2, 2014, a referral alleging the child maltreatment of AP listed Salcido as the alleged offender. The investigative agency determined the allegation to be true based on the preponderance of the evidence. On July 1, 2014, notice of the finding was mailed to Salcido, who timely submitted a written request for an administrative hearing. OAH set the hearing for September 4, 2014. Salcido subsequently obtained counsel. Pursuant to his counsel's *512request, OAH granted Salcido a continuance and reset the hearing for October 12, 2014, to allow counsel to familiarize himself with the case.

Before the September hearing occurred, the parties learned that criminal charges regarding the matter had been filed on June 12, 2014, and the OAH administrative law judge (ALJ) sent a letter to Salcido's counsel staying the administrative hearing pending resolution of the criminal charges. The ALJ's letter dated October 13, 2014, stated the following:

Based on information provided to the Office of Appeals and Hearings by CACD that a criminal charge has been filed regarding the occurrence that is the subject of the administrative hearing, the hearing is stayed. The 180 day time limit shall not apply during this stay.
Pursuant to Ark. Code Ann. 12-18-801 , the hearing is stayed pending final disposition of the charges. It shall be your duty as the petitioner to report the final disposition of the proceeding to this office, including a file-marked copy of the disposition. The administrative case will be dismissed and your name will be placed on the Child Maltreatment Central Registry, if you as the petitioner fail to provide a file-marked copy of the final disposition of the criminal proceedings within thirty (30) days of the entry of a dispositive judgment or order.
At the expiration of one (1) year from the date the criminal charge was filed, the stay will be lifted and the case will be set for an administrative hearing if no final disposition has been provided to the OAH.
A stay may only be extended after one (1) year upon a written notice from the party requesting the extension that the criminal proceeding is still ongoing. Please pay careful attention to the reporting requirements imposed on the Petitioner in this letter.

(Emphasis in original.)

On February 24, 2016, over a year and a half after the criminal charges had been filed, OAH sent a notice that a hearing had been scheduled for May 5, 2015. A corrected notice was emailed on March 8, 2016, with the correct hearing date of May 5, 2016. On March 8, Salcido's counsel emailed OAH stating that the criminal matter was still pending and it was his understanding the administrative hearing could not proceed until the criminal process was complete. After checking Court Connect records for Salcido, OAH discovered that Salcido's case had been "nolle prossed," at which point OAH emailed a request to Salcido's counsel for the new criminal-hearing date.

On April 21, 2016, Salcido's counsel emailed OAH indicating that he had "just talked to the Circuit Clerk in Logan County" regarding the criminal case and discovered that it had been dismissed on August 7, 2015. He explained that he had not been provided a copy of the order of dismissal until that day. On May 3, 2016, the ALJ sent an email to Salcido's counsel and DHS counsel notifying them that the appeal was dismissed because a file-marked copy of the order in the criminal case had not been provided to OAH within thirty days of its filing, that the hearing was canceled, and that he would promptly issue an order to that effect. An order was issued the same day dismissing Salcido's appeal due to his failure to provide a file-marked copy of the disposition of his criminal case within thirty days of its entry as required by Ark. Code Ann. § 12-18-801(b)(3)(D)(ii) (Repl. 2016).

On June 3, 2016, Salcido filed a petition for review of the ALJ's decision with the circuit court. He argued that he had been denied due process because he was never *513afforded a hearing and a chance to confront the witnesses against him. He argued that he received no notice of the dismissal order entered in the criminal case and learned of it only after calling in April 2016 to inquire as to the status of his case. The circuit court heard arguments and entered an order on April 18, 2018, effectively nullifying the ALJ's decision and remanding for a hearing on the merits. See Ark. Dep't of Fin. & Admin. v. Naturalis Health, LLC , 2018 Ark. 224, 549 S.W.3d 901. DHS appealed the circuit court's decision to this court.

Our review of administrative agency decisions is directed not to the decision of the circuit court but to the decision of the agency because administrative agencies are better equipped by specialization, insight through experience, and more flexible procedures than courts to determine and analyze legal issues affecting their agencies. Staton v. Ark. State Bd. of Collection Agencies , 372 Ark. 387, 390, 277 S.W.3d 190, 192 (2008). When reviewing such decisions, we uphold them if they are supported by substantial evidence and are not arbitrary, capricious, or characterized by an abuse of discretion. Id. at 390, 277 S.W.3d at 193. We review issues of statutory interpretation de novo, City of Ft. Smith v. Carter , 372 Ark. 93, 95, 270 S.W.3d 822

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Related

Mathews v. Eldridge
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270 S.W.3d 822 (Supreme Court of Arkansas, 2008)
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2009 Ark. 361 (Supreme Court of Arkansas, 2009)
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Ark. Dep't of Fin. & Admin. v. Naturalis Health, LLC
549 S.W.3d 901 (Supreme Court of Arkansas, 2018)
Smith v. Ark. Dep't of Human Servs.
559 S.W.3d 291 (Court of Appeals of Arkansas, 2018)
C.C.B. v. Arkansas Department of Health & Human Services
247 S.W.3d 870 (Supreme Court of Arkansas, 2007)
Staton v. Arkansas State Board of Collection Agencies
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Bluebook (online)
2018 Ark. App. 559, 567 S.W.3d 510, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ark-dept-of-human-servs-v-salcido-arkctapp-2018.