Mich. Admin. Code R. 500.24 - Director's review; notice; submission of certain information or documentation

Rule 4.

(1) The director shall not consider a conviction, in and of itself, as conclusive proof that an applicant lacks good moral character, as provided in section 2(2) of 1974 PA 381, MCL 338.42.

(2) As provided in these rules and 1974 PA 381, MCL 338.41 to 338.47, the director may consider a conviction as evidence when determining an applicant's good moral character. If a conviction is considered in that determination, the director shall also consider all of the following, as applicable:

(a) As provided in section 2(4) of 1974 PA 381, MCL 338.42, the applicant's certificate of employability under section 34 d of the corrections code of 1953, 1953 PA 232, MCL 791.234d, and any additional information regarding the applicant's current circumstances, such as how long ago the offense occurred, whether the applicant completed the sentence for the offense, other evidence of rehabilitation, testimonials, employment history, and employment aspirations.

(b) Whether there is a reasonable relationship between the conduct relating to the conviction and the duties of the applicant if granted the license.

(c) The number of convictions that the applicant has, as identified in R 500.23.

(d) The underlying facts of the conviction, including, but not limited to:

(i) The monetary value involved.

(ii) The applicant's relationship to a victim.

(iii) The applicant's age when the applicant was convicted.

(e) Whether the applicant disclosed his or her conviction on the application for licensure, and if the applicant did not make that disclosure, whether the applicant had good cause for the failure to make that disclosure.

(f) Any other information or documentation that the director considers appropriate in determining the applicant's good moral character.

(3) To make a determination of an applicant's good moral character, the director may require the applicant to submit 1 or more of the following, in a form and manner prescribed by the director:

(a) A copy of the official court records relating to the application's conviction.

(b) A written statement from the applicant explaining the underlying facts relating to the conviction.

(c) Any other information or documentation relating to the applicant's conviction that the director considers appropriate, including, but not limited to, information or documentation supporting a claim under R 500.25.

(4) At the conclusion of the director's review, if the director determines that the applicant is not eligible for a license because of a lack of good moral character, the director shall provide the applicant with notice of the denial and an opportunity for a hearing or rehearing in accordance with section 5 of 1974 PA 381, MCL 338.45, and sections 1239(4) and 1242 of the act, MCL 500.1239 and 500.1242.

Notes

Mich. Admin. Code R. 500.24

2023 MR 6, Eff. 3/20/2023