Section 336.40  Notice of the Right to Appeal and Receive an Administrative Hearing

a)         The Department shall provide clear instructions on how to request and receive an administrative hearing.  This explanation shall be provided within 10 days after the final determination has been entered into the State Central Register.

b)         Language of Notices

            All written notices used in this Part shall be in the primary language of the person to whom the notice is sent.

c)         To begin the appeal process the subject shall request in writing that the Department review its decision.  The request must be mailed or faxed to the address or fax number designated in the written notice within 60 days after notification of the completion of the investigation by the Child Protective Services Unit, as determined by the date of the notification sent by the Department.

d)         Upon receipt of a timely request for an appeal, the Department shall send the appellant within 20 days after the receipt of the request a copy of the investigative file from which confidential information has been deleted in accordance with 89 Ill. Adm. Code 431, Confidentiality of Personal Information of Persons Served by the Department.

e)         When requested, Department staff shall assist the subjects of a child abuse or neglect report in preparing a written brief of appeal.

f)          The Department shall not hinder an appellant who wishes to proceed with the appeal process.

g)         Other Notices

            The following notices shall be hand-delivered with a certificate of delivery or sent by certified mail, return receipt requested, to "the addressee only":

1)         notice of pre-hearing conference and administrative hearing dates; and

2)         notice of final administrative decision.

(Source:  Amended at 24 Ill. Reg. 7660, effective June 1, 2000)