210.912 Right to appeal, procedure

The department’s registration form for the family care safety registry and the department’s notification pursuant to subsection 1 of section 210.906 and subsection 3 of section 210.909 shall advise the person of a right to appeal the information contained in the registry.  Such right to appeal shall be limited only to the accuracy in the transfer of information to the registry and shall not include a right to appeal the accuracy of the substance of the information transferred.  Any such appeal shall be filed in writing at the office of the director of the department of health and senior services within thirty days of receiving the results of the determination.  An administrative appeal shall be set within thirty days of the filing of the appeal and a decision shall be made within sixty days.  If the appeal is decided in favor of such person, the person’s records shall be restored in the registry along with a copy of the hearing decision.  If the appeal is decided against such person, the person may seek judicial review of such decision pursuant to sections 536.100 to 536.150.  An applicant’s right to appeal herein is in addition to any other appeal rights granted by state law.

(L. 1999 H.B. 490 & H.B. 308 § 7)