Mich. Admin. Code R. 125.1192a - Complaint Process
Rule 192a.
(1) The
complainant shall send an alleged complaint to the respondent in writing of the
alleged violation, giving the respondent 10 business days to respond.
(2) A person may file a complaint with the
department, on a form prescribed by the department, pertaining to a violation
of the act and rules.
(3) The
department shall send the complaint to the respondent if the department
determines there is a potential violation of the act or rules.
(4) The respondent shall respond to the
complaint in writing to the department within 10 business days after receipt
from the department or attempted delivery of the complaint.
(5) If the respondent does not respond to the
complaint in writing within 10 business days after receipt, the department
shall send the complaint to the alleged respondent a second time.
(6) The respondent shall respond to the
complaint in writing to the department within 5 business days after receipt
from the department under subrule (5) of this rule.
(7) If the respondent does not respond to the
complaint under subrule (6) of this rule, then the department shall send an
order to answer via certified mail to the respondent directing a
response.
(8) Under subrule (7) of
this rule, the respondent shall respond to the order to answer within 10
business days after receipt from the department or attempted delivery of the
complaint.
(9) If the respondent
does not respond to the order to answer under subrule (8) of this rule, then
the department shall initiate administrative action against the
respondent.
(10) If the respondent
responds to the complaint or order to answer, the department shall send the
response to the complainant.
(11)
The complainant shall respond to the response in writing to the department
within 10 business days after receipt.
(12) If the complainant does not respond to
the response within 10 business days after its receipt, or notifies the
department in writing that the response is satisfactory, then the department
shall close the complaint file.
(13) If the complainant notifies the
department in writing that the response is not satisfactory, then the
department shall determine whether the respondent has violated the act or these
rules.
(14) If the department
determines that the respondent has not violated the act or rules, then the
department shall notify the complainant and the respondent in writing and shall
close the complaint file.
(15) If
the department determines that the respondent has violated the act or rules,
then the department shall notify the complainant and the respondent in writing
of the required remedial action and the deadline by which the remedial action
shall be completed.
(16) When the
remedial action is complete, the respondent shall notify the department in
writing and provide documentation that the remedial action is
complete.
(17) If the department is
satisfied that the remedial action is complete, then the department shall
notify the respondent and complainant of this determination and then shall
close the file.
Notes
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