§ 12-18-806 — Continuances

(a) (1) An administrative law judge shall grant a continuance if the record under this chapter tendered by the Department of Human Services to the alleged offender is determined by the administrative law judge to be incomplete. (2) The administrative law judge shall direct the department to make diligent inquiry and obtain the missing information to supplement the record if: (A) The department receives further information; (B) The alleged offender gives notice of the existence of further information; or (C) The department examines the record and determines that additional information exists. (3) If additional information is found to exist, the record shall be supplemented and the department shall provide a copy of the supplemented record to the alleged offender. (b) At least ten (10) days prior to the administrative hearing, the alleged offender and the department shall share any information with the other party that the party intends to introduce into evidence at the administrative hearing that is not contained in the record. (c) If a party fails to timely share information, the administrative law judge shall: (1) Grant a continuance; (2) Allow the record to remain open for submission of rebuttal evidence; or (3) Reject the information as not relevant to the incident of child maltreatment. (d) Any time accrued during the continuance or allowing the record to remain open shall not be counted in the one-hundred-eighty-day time period to complete the administrative hearing.

Legislative History

Acts 2009, No. 749, § 1.