<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".10" citation="COMAR 07.02.26.10" title_num="07" subtitle_num="02" chapter_num="26" heading="Exceptions to Appeal Timeframes.">
  <paragraph num="A.">
    <text>Upon written request, a local department shall offer an individual found responsible for an unexpunged finding of indicated or unsubstantiated child abuse or neglect made before June 1, 1999, an opportunity to appeal in accordance with this chapter, if the individual has not:</text>
    <paragraph num="(1)">
      <text>Been found guilty of a criminal charge arising out of the alleged child abuse or neglect;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Previously had a hearing at OAH to appeal the finding; or</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Previously been given notice of the opportunity to request a hearing.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>Upon written request, a local department may offer an individual found responsible for an unexpunged finding of indicated or unsubstantiated child abuse a hearing if the individual provides documentation of a change of address prior to the local department sending notice of the finding and of appeal rights.</text>
  </paragraph>
  <paragraph num="C.">
    <text>Any hearing held in accordance with §A or B of this regulation will be:</text>
    <paragraph num="(1)">
      <text>Conducted under current appeal procedures; and</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Decided based on the law defining child abuse or neglect at the time the finding was made.</text>
    </paragraph>
  </paragraph>
</regulation>