Mich. Admin. Code R. 390.1312 - Notice of basis for action; notice of right to hearing; informal conference to show compliance; referral for hearing
Rule 12. Subject to summary suspension under section 1539b(2) of the revised school code, 1976 PA 451, MCL 380.1539b, all of the following apply to action taken under R 390.1310(1)(a) or (b):
(a) Not more than 7 calendar days after
receiving notice that the criminal history of the applicant for or the holder
of a school counselor credential includes conviction of a crime described in
section 1539b of the revised school code 1976 PA 451, MCL 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 390.1310(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 counselor credential in writing of
all of the following:
(i) Because of the
conviction or because of the identified reason under
R 390.1310(1)(a),
the superintendent of public instruction may deny, suspend, or revoke the
school counselor credential.
(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 counselor credential.
(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 counselor credential 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 counselor credential or shall suspend the school counselor
credential.
(e) If the applicant
for or the holder of a school counselor credential 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 superintendent's
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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