(a) An offender's name shall be placed in the Child Maltreatment Central Registry if:
(1) After notice, the offender eighteen (18) years of age or older at the time the act or omission occurred does not timely request an administrative hearing;
(2) The alleged offender was a child at the time of the act or omission and the child or his or her legal parent or legal guardian waived the administrative hearing;
(3) The administrative law judge upheld the investigative determination of true pursuant to a preliminary administrative hearing; or
(4) Upon completion of the administrative hearing process, the Department of Human Services' or Division of Arkansas State Police's investigative determination of true is upheld.
(b) In addition to the requirements of subsection (a) of this section, the name of an offender shall be placed on the Child Maltreatment Central Registry only if the Department of Human Services determines under § 12-18-702 that the offender may pose a risk of maltreatment to a vulnerable population that includes without limitation children, the elderly, persons with a disability, and persons with a mental health illness.