DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS
 
MICHIGAN ADMINISTRATIVE HEARING SYSTEM
DIRECTOR’S OFFICE
 
OCCUPATIONAL BOARDS CODE—DISCIPLINARY RULES
 
Filed with the secretary of state on
 
These rules take effect immediately upon filing with the secretary of state unless adopted under section 33, 44, or 45a(6) of the administrative procedures act of 1969, 1969 PA 306, MCL 24.233, 24.244, or 24.245a.  Rules adopted under these sections become effective 7 days after filing with the secretary of state.
 
(By authority conferred on the executive director  of  the Michigan administrative hearing system  of the department of licensing and regulatory affairs by section 33(3) of the administrative procedures act of 1969, 1969 PA 306, MCL 24.233, section 308 205 of the occupational code, of 1980 Act PA 299, MCL 339.205 MCL  339.308, and Executive Reorganization Orders No. Nos. 1991-9, 1996-2, 2003-1, 2005-1, and 2011-4, 2011-6, MCL 338.3501, 445.2001, MCL 445.2011, MCL 445.2021, and 445.2030 445.0230, 445.2032)
 

R 339.1706 and R 339.1731 of the Michigan Administrative Code are amended, R 339.1702, R 339.1708, R 339.1710, R 339.1712, R 339.1714, and R 339.1716 are added, and R 339.1703 and R 339.1726 are rescinded, as follows:

 
PART 7. DISCIPLINARY PROCEEDINGS
PART 1.  GENERAL RULES
 
R  339.1702  Definitions.
  Rule 702.  (1)  As used in these rules “code” means the occupational code, 1980 PA 299, MCL 339.101 to 339.2677.
  (2)  The applicable terms defined in the code have the same meaning when used in these rules.
 
R 339.1703   Applicability of law and rules. Rescinded.
 Rule  703.  Compliance  conferences,  the   processing    of    complaints, contested case hearings, and other related proceedings shall be  conducted in accordance with the provisions of  the  licensing  law,  these  rules,  rules promulgated by a board or the department  governing  specific   circumstances unique  to  the  occupation,  profession,  facility,   or    service    being regulated, and the administrative procedures act.
 
 
 
 
 
 
R 339.1706   Reporting changes Continuing duty to report name, postal address, and electronic mail address change.
  Rule 706. (1) A licensee or registrant, or qualifying officer,  or   manager of a licensee shall report to the department a  change  of  name  or  address within 30 days after the change occurs.
  (2) If a In addition to complying with sections 204(5) and (6) of the code, MCL 339.204, a license or registration  has  expired,  is  surrendered,   lapsed, suspended, or revoked, then the licensee, or registrant, or qualifying  officer, director, owner, or manager of a licensee or registrant whose license or registration has expired, lapsed, or has been suspended, revoked, or surrendered shall notify the department of a change of name, postal address, or electronic mail address report a change of  name  or  address  to  the department within 30 days until the later of 1 of the following, whichever occurs later:
  (a) For a period of 7 Seven years after the license or registration status change occurs.
 (b) For a period of 3 years after all complaints against  the  license   or registration filed with the department have been closed.
 (c) (b) Until the licensee or registrant, qualifying officer, or manager of   a licensee The  is in full compliance with all final orders issued to the licensee, or registrant, or qualifying officer, director, owner, or manager of a licensee or registrant is in full compliance with all final orders issued against the licensee, registrant, or qualifying officer, director, owner, or manager of a licensee or registrant.
 
R 339.1708  Disciplinary action; unlicensed or unregistered person.
  Rule 708.  (1)  A person who violates the code is subject to disciplinary action and sanctions based upon that conduct under the code without regard to whether he or she becomes licensed or registered or whether the department knew of the violation at the time that the license or registration was issued.
  (2)  A person considered unlicensed or unregistered under section 601(3) of the code, MCL 339.601, or whose license or registration has been suspended, revoked, or surrendered shall not engage in the practice of any profession requiring licensure or registration under the code.
  (3)  A person who becomes unlicensed or unregistered remains subject to disciplinary action for violating the code, a rule promulgated under the code, or a final order issued under the code until the later of 1 of the following occurs:
    (a)  Seven years after a change in license or registration status change occurs.
    (b) The licensee or registrant is in full compliance with all final orders issued against the licensee or registrant.
 
R 339.1710  Service of formal complaints and orders.
  Rule 710.  (1)  The department may serve a formal complaint, summary suspension order, cease and desist order, or final order on a respondent by personal service, first class United State mail, or certified mail, return receipt requested, to the most current address of record on file with the department.
  (2)  If service is made by mail, it is deemed received 3 business days after the date of mailing, unless otherwise indicated by the returned certified mail receipt.
  (3)  Non-delivery does not affect the validity of service if it was caused by the respondent’s refusal to take delivery.
 
PART 2.  HISTORICAL RECORDS
 
R 339.1712  Historical records.
  Rule 712.  The department may obtain and maintain all of the following in a person’s historical record:
  (a)  Reports, information, or a final order from a state department or agency.
  (b)  Reports or information from a professional association or professional society.
  (c)  Reports or information from the secretary of state’s office.
  (d) Reports or information related to prior complaints made against the person.
  (e) Reports or information from any federal, state, or local law enforcement agency.
  (f)  Reports, information, or a final order or judgment from any federal, state, or local court or other adjudicating body.
 
PART 3.  INVESTIGATIONS
 
R 339.1714  Investigations.
  Rule 714.  The department’s investigations, conducted as required by section 502 of the code, MCL 339.502, may encompass violations other than those specifically identified when the investigation was initiated.
 
PART 4.  CONTESTED CASE PROCEEDINGS
 
R 339.1716  Pleadings and orders.
  Rule 716.  (1)  As used in this rule, “contested case” means that term as defined by section 3(3) of the administrative procedures act of 1969, 1969 PA 306, MCL 24.203.
  (2)  Until the Michigan office of administrative hearings and rules issues a notice of hearing, all documents and any related attachments must be filed with the department or the department of the attorney general as set forth in the formal complaint, summary suspension order, cease and desist order, or attached notice document.
  (3)  After the Michigan office of administrative hearings and rules issues a notice of hearing, all documents and pleadings and any related attachments must be filed with the Michigan office of administrative hearings and rules and simultaneously served to all parties listed in the case caption of the notice, as required in the notice of hearing and R 792.10101 to 792.10137.
  (4)  A formal complaint may be withdrawn or amended at any time consistent with the code, the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, and R 792.10101 to 792.10137.  If the department adds a new charge, the department must give the respondent an opportunity to request a compliance conference.
  (5)  All pleadings, documents, and any related attachments that are properly filed become a part of the official record of the hearing under sections 76 and 86 of the administrative procedures act of 1969, 1969 PA 306, MCL 24.276 and 24.286, and R 792.10101 to 792.10137.
 
PART 5.  COMPLIANCE CONFERENCE AND 
REQUEST FOR ADJOURNMENT 
 
R 339.1726   Settlement of complaints. Rescinded.
 Rule 726. (1) Parties may confer informally at any time   to   attempt   to settle a complaint.
  (2) A settlement shall be in the form of a proposed  stipulation  signed by all parties. The proposed   stipulation   shall   be   transmitted   to   the appropriate board for acceptance. If the board accepts  the  stipulation,   a final order shall be issued. If the board does not  accept  the  stipulation, the matter shall proceed to a contested case hearing.
 
R 339.1731  Written statement in place of compliance conference; conduct and  adjournment  of  compliance  conference;  failure  to   demonstrate compliance Compliance conferences; requests for adjournment; written statements.
  Rule 731. (1) If a  respondent  selects  a   compliance   conference,   the respondent may  submit  a  written  statement  with  a   request that the statement be considered in place of appearing for The department may conduct a compliance conference held under section 508 of the code, MCL 339.508, informally and not as an evidentiary hearing.
  (2) A  compliance  conference  shall  be  conducted   informally   by   the department and shall not be conducted as an evidentiary hearing A respondent may request and may be granted an adjournment of the compliance conference for good cause shown.  As used in this subrule, “good cause” means that the respondent submitted a written request for adjournment to the department that provides legally sufficient grounds to warrant the adjournment, such as circumstances beyond the respondent’s control.
  (3) A compliance conference may be adjourned by the  department  for   good cause shown A respondent may request to submit a written statement in lieu of requesting or appearing for a compliance conference.
  (4)  If  the  department  determines  that  the    respondent    has    not demonstrated compliance, or if  the  respondent  has  waived   his   or   her opportunity to show compliance, the matter shall proceed   to   a   contested case hearing.