(1) The subject of a substantiated report may request a fair hearing unless the circumstances provided in ARM 37.47.615 exist.

(2) The request for a fair hearing must be in writing and be sent within 30 days after the date of mailing of the department's initial notice of its substantiation determination. The request must be sent to: Division Administrator, Department of Public Health and Human Services, Child and Family Services Division, 1400 Broadway, P.O. Box 8005, Helena, MT 59604-8005.

(3) Upon receipt of the request for a fair hearing, the department will conduct an informal review of the substantiated report and the case record information.

(a) The informal review is limited to the records and documentation relevant to the case, and any written material provided by the subject. The informal review is not subject to the provisions of the Montana Administrative Procedure Act, Title 2, chapter 4, MCA.

(b) If, after the informal review, the department determines that the substantiated report is in error, the department will amend the finding to reflect that the report is unsubstantiated, and notify the subject of the decision.

(c) If, after the informal review, the department determines that the substantiated report is not in error, the department will notify the department's office of fair hearings so that a hearing date and time may be scheduled.

(4) The fair hearing will be conducted pursuant to Title 2, chapter 4, part 6, MCA, of the Montana Administrative Procedure Act and ARM 37.5.118.

(5) A hearsay statement of the child victim is admissible evidence in the fair hearing if the statement is sufficiently indicative of its reliability, in accordance with Montana law. The factors to be considered include:

(a) the attributes of the child making the hearsay statement;

(b) the witness relating the child's hearsay statement;

(c) the child's statement itself; and

(d) any other factors that provide for the reliability of the child's statement.

(6) The hearing officer's decision is the final agency decision for purposes of judicial review under ARM 37.5.334.