(a) After review by the administrative appeals unit, a subject of a substantiated report of abuse or neglect has a right to a hearing before an administrative law judge pursuant to Social Services Law section 494 to determine whether the findings of the report should be amended.

(b) The issues at the hearing are whether the subject has been shown by a preponderance of the evidence to have committed the act or acts giving rise to the substantiated report, and if there is a finding of a preponderance of the evidence, whether the substantiated allegations constitute abuse or neglect, and pursuant to Social Services Law section 493(4), the category level of abuse or neglect that such act or acts constitute.

(c) The subject of a substantiated report of abuse or neglect may retain counsel at his or her own expense and may be represented by such counsel at the pre-hearing conference and the hearing.