Mich. Admin. Code R. 420.808 - Formal complaint

Rule 8.

(1) The agency may issue a formal complaint alleging violations of the acts, these rules, or both against a licensee.

(2) The agency shall serve the formal complaint on the licensee by certified mail, return receipt requested, or in person by a representative of the agency.

(3) The licensee may do either of the following:

(a) Meet with the agency to negotiate a settlement of the matter, or demonstrate compliance prior to holding a contested case hearing, as required by section 92 of the administrative procedures act, MCL 24.292.

(b) Proceed to a contested case hearing as set forth in these rules and section 71 of the administrative procedures act, MCL 24.271.

(4) The licensee must request a compliance conference or contested case hearing, or both, within 21 business days of receipt of the formal complaint. If the licensee does not respond, the agency shall request a contested case hearing.

(5) If the licensee agrees and accepts the terms negotiated at the compliance conference, the agency shall submit a proposed consent order and stipulation to the executive director of the agency for review and approval.

(6) If the executive director approves the consent order and stipulation is approved, the agency shall issue a consent order. If the stipulation is not approved, a compliance conference or a contested case hearing must be scheduled. The consent order must be published.

(7) If a licensee does not timely comply with the terms of a signed and fully executed consent order, the licensee's license is suspended until full compliance is demonstrated.

(8) If a compliance conference is not held or does not result in a settlement of a compliance action, a contested case hearing must be held, pursuant to these rules and the administrative procedures act.

Notes

Mich. Admin. Code R. 420.808

2020 AACS; 2022 MR 5, Eff. 3/7/2022