Mich. Admin. Code R. 380.124 - Notice of basis for action; notice of right to hearing; informal conference to show compliance; referral for hearing
Rule 24. Subject to summary suspension under section 1535a(2) or 1539b(2) of the revised school code, 1976 PA 451, MCL 380.1535a and 380.1539b, all of the following apply to action taken under R 380.121(1)(a) or (b):
(a) Not more than 7 calendar days after
receiving notice that the criminal history of an applicant for or the holder of
a school administrator certificate includes conviction of a crime described in
section 1535a or 1539b of the revised school code, 1976 PA 451, MCL 380.1535a
and 380.1539b, the department shall request from the court a certified copy of
the judgment of conviction and sentence or other document regarding disposition
of the case.
(b) Upon receipt of
notice of a basis for action under
R 380.121(1)(a), or
not later than 10 business days after receiving documentation of a conviction
under subdivision (a) of this rule, the department shall notify the applicant
for or the holder of the school administrator certificate in writing of all of
the following:
(i) Because of the conviction
or because of the identified reason under
R 380.121(1)(a), the
superintendent of public instruction may deny, suspend, or revoke the school
administrator certificate.
(ii) The
applicant or the holder has the right to a hearing.
(iii) If the applicant or the holder does not
request a hearing within 15 business days after receipt of notice of the right
to a hearing, the superintendent of public instruction will deny or suspend the
school administrator certificate.
(iv) If the applicant or the holder requests
a hearing within 15 business days after receipt of the notice, there will be an
informal conference to show compliance.
(c) The notice under subdivision (b) of this
rule must include a copy of applicable statutes and rules.
(d) Not later than 15 business days after
receipt of the notice under subdivision (b) of this rule, the applicant for or
the holder of a school administrator certificate shall request a hearing. If
the applicant or the holder does not timely request a hearing, the
superintendent of public instruction shall deny the initial or renewed school
administrator certificate or shall suspend the school administrator
certificate.
(e) If the applicant
for or the holder of a school administrator certificate timely requests a
hearing under subdivision (d) of this rule, the department shall immediately
notify the applicant or the holder of the date and time of an informal
conference to show compliance. Unless otherwise agreed, the informal conference
to show compliance is a telephone conference with an authorized representative
of the superintendent of public instruction.
(f) After the informal conference to show
compliance and consideration of the evidence presented, the superintendents
designee may recommend referral of the matter to the Michigan office of
administrative hearings and rules for hearing or may recommend a finding of
compliance or a written settlement of the matter. The superintendent of public
instruction shall approve, modify, or deny a recommended finding of compliance
or written settlement.
(g) If there
is no finding of compliance or written settlement of the matter following the
informal conference to show compliance, the department shall refer the case to
the Michigan office of administrative hearings and rules for hearing.
Notes
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