Michigan Laws 339.5515 – Formal complaint and notice; service; alternatives; informal conference; settlement; contested case hearing
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Terms Used In Michigan Laws 339.5515
- Board: means , in each article of this act that is related to a specific occupation or occupations, the board that is created in that article and composed principally of members of the regulated occupation or occupations, or the commission or other agency that is defined in or designated as the board for purposes of that article. See Michigan Laws 339.5103
- Censure: means an expression of disapproval of a licensee's or registrant's professional conduct, whether or not the conduct is a violation of this act or a rule promulgated or an order issued under this act. See Michigan Laws 339.5103
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Complaint: means an oral or written grievance. See Michigan Laws 339.5103
- Contested case hearing: means a hearing under chapter 4 of the administrative procedures act of 1969, MCL 24. See Michigan Laws 339.5103
- Department: means the department of licensing and regulatory affairs. See Michigan Laws 339.5103
- Formal complaint: means a document that states the charges of each alleged violation and is prepared by the department or the department of attorney general after a complaint is received by the department. See Michigan Laws 339.5105
- License: includes the whole or part of a governmental permit, certificate, approval, registration, charter, or similar form of permission required under a specific article of this act. See Michigan Laws 339.5105
- Licensee: means a person that is issued a license under this act. See Michigan Laws 339.5105
- Limitation: means a condition, stricture, constraint, restriction, or probation attached to a license that relates to the scope of practice of that occupation by the licensee. See Michigan Laws 339.5105
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
(1) After an investigation is conducted and a formal complaint is prepared, the department shall serve the formal complaint on the respondent and the complainant. At the same time, the department shall serve the respondent with a notice that describes the compliance conference and hearing processes and offers the following alternatives to the respondent:
(a) An opportunity to meet with the department to negotiate a settlement of the matter.
(b) If the respondent is a licensee or registrant under this act, an opportunity to demonstrate compliance before a contested case hearing is held.
(c) An opportunity to proceed to a contested case hearing.
(2) A respondent that is served with notice of a formal complaint under this section may select, within 15 days after the respondent receives the notice, 1 of the alternatives described in subsection (1). If a respondent does not select 1 of those alternatives within the time period described in this subsection, then the department shall proceed to a contested case hearing as described in subsection (1)(c).
(3) At any time during an investigation or administrative process under this article, the department may bring the parties together for an informal conference to attempt to resolve the issues raised in the complaint. An informal conference may be attended by a member of the board, at the discretion of that board, and may result in a settlement, consent order, waiver, default, or other method of settlement agreed on by the parties and the department. A settlement may include the revocation, suspension, or limitation of a license or registration; censure; probation; restitution; or a penalty under article 6.
(4) A board may reject a settlement and require a contested case hearing.
(5) An authorized employee or agent of the department may represent the department in any contested case hearing.