Hearing Process

Q. If I get an unsatisfactory determination, what do I do? Or whom do I call?

A. If you receive an unsatisfactory determination, you will receive a letter from the Office of Investigative Services (OIS), which lists the covered crimes that are causing you to receive an unsatisfactory criminal records check.

You can appeal the unsatisfactory determination either because you were not convicted of the crimes that we show — or because you believe that despite having been convicted of the crimes, you should still be allowed to work in a residential child care facility.

The letter explains how to request a hearing, if you desire. General questions should be directed to the Office of Residential Child Care (ORCC) at 404.657.8980.

Q. If I appeal the unsatisfactory determination, can I continue to work while waiting for the hearing?

A. No. DHS has no authority under the law to allow you to continue working while you are waiting for your hearing. It is a misdemeanor for a residential child care facility to allow an employee with a “covered crime” to continue working and having any contact with the children while waiting for the hearing.

Continuing to employ a person with an unsatisfactory criminal records check may result in the imposition of a sanction (for example, a civil penalty fine) by DHS against the licensed residential child care facility.

Q. How long does it take to get a hearing and a decision? Is there any way to speed the process up?

A. The time varies considerably. But you should plan on it taking at least four (4) months and possibly longer. You can speed up the process by getting certified copies of the court records on the crimes you were charged with and that are the subject of the hearing.

If you get these certified copies yourself and submit them to DHS, we can make the request to get the hearing scheduled sooner. If DHS requests the certified court records in writing, it can take a long time to get the court records back.

DHS does not process your request for a hearing until the certified court records are received. You will be notified in writing by ORCC when your hearing request has been sent to the Office of State Administrative Hearings.

Q. Who actually schedules the hearing and how do I know when it has been scheduled?

A. The hearing is scheduled by the Office of State Administrative Hearings once they receive all the required records from us. The Office of State Administrative Hearings is a separate State agency. We have no control over when they schedule hearings.

After you receive a copy of the letter from ORCC telling you that the hearing request has been processed, the Office of State Administrative Hearings will schedule the hearing and send you notice of the hearing date in writing.

Questions concerning the scheduling of the hearing may be directed to the Office of State Administrative Hearings at 404.657.2800.