hearing before the department regarding the record maintained by the State Central Register of Child Abuse and Maltreatment; (b) a request for such a hearing must be made within 90 days of the receipt of the notice indicating that the denial or decision was based on the existence of the indicated report; and (c) the sole issue at any such hearing will be whether the applicant, employee, volunteer, consultant or other person has been shown by a fair preponderance of the evidence to have committed the act or acts of child abuse or maltreatment giving rise to the indicated report. (vi) If in a hearing held pursuant to a request made in accordance with subparagraph (iii) of this paragraph and section 424-a of the Social Services Law, the department fails to show by a fair preponderance of the evidence that the applicant, employee, volunteer, consultant or other person committed the act or acts upon which the indicated report is based, the department will notify the agency which made the inquiry that, pursuant to the hearing decision, the agency's decision to deny the application, discharge the employee, not to use the volunteer or consultant, or not to permit the person providing goods or services to have access to children being cared for by the agency, should be reconsidered. Upon receiving such notification from the department, the agency should review its denial or other decision without considering the indicated report.] [(4)] (5) Each institution establish, as a permanent program, a plan for staff orientation and continuing education through in-service training. [(5)] (6) At the commencement of employment, each staff employee shall be apprised of the institution's personnel practices and policies and shall thereafter be apprised of any changes in
hearing before the department regarding the record maintained by the State Central Register of Child Abuse and Maltreatment; (b) a request for such a hearing must be made within 90 days of the receipt of the notice indicating that the denial or decision was based on the existence of the indicated report; and (c) the sole issue at any such hearing will be whether the applicant, employee, volunteer, consultant or other person has been shown by a fair preponderance of the evidence to have committed the act or acts of child abuse or maltreatment giving rise to the indicated report. (vi) If in a hearing held pursuant to a request made in accordance with subparagraph (iii) of this paragraph and section 424-a of the Social Services Law, the department fails to show by a fair preponderance of the evidence that the applicant, employee, volunteer, consultant or other person committed the act or acts upon which the indicated report is based, the department will notify the agency which made the inquiry that, pursuant to the hearing decision, the agency's decision to deny the application, discharge the employee, not to use the volunteer or consultant, or not to permit the person providing goods or services to have access to children being cared for by the agency, should be reconsidered. Upon receiving such notification from the department, the agency should review its denial or other decision without considering the indicated report.] [(4)] (5) Each institution establish, as a permanent program, a plan for staff orientation and continuing education through in-service training. [(5)] (6) At the commencement of employment, each staff employee shall be apprised of the institution's personnel practices and policies and shall thereafter be apprised of any changes in