Request for division removal of name from Licensing Information System -- Petition for evidentiary hearing or substantiation

(1) Except as provided in Subsection (2), an individual whose name was listed on the Licensing Information System before May 6, 2002, may: (a) request, in writing, a review by the division of the individual's case and removal of the individual's name from the Licensing Information System under Subsection (3); or (b) file a petition for substantiation and a request for a finding of unsubstantiated or without merit in accordance with Section 80-3-504. (2) Subsection (1)(b) does not apply to an individual who has been the subject of any of the following court determinations with respect to the alleged incident of abuse or neglect: (a) conviction; (b) adjudication under Section 80-3-402 or 80-6-701; (c) plea of guilty; (d) plea of guilty with a mental condition; or (e) plea of no contest. (3) If an alleged perpetrator whose name was listed on the Licensing Information System before May 6, 2002, requests removal of the alleged perpetrator's name from the Licensing Information System, the division shall, within 30 days after the day on which the written request is made: (a) (i) review the case to determine whether the incident of alleged abuse or neglect qualifies as: (A) a severe type of child abuse or neglect; (B) chronic abuse; or (C) chronic neglect; and (ii) if the alleged abuse or neglect does not qualify as a type of abuse or neglect described in Subsections (3)(a)(i)(A) through (C), remove the alleged perpetrator's name from the Licensing Information System; or (b) determine whether to file a petition for substantiation in accordance with Section 80-3-504.