Occupational Code: Article 5 Flashcards
A complain shall be lodged with who?
The department.
Who may file a complaint?
The department of attorney general, the department. The board, or ANY other person.
Complainant means…
Person who filed complaint.
If the department. files a complaint, the director shall designate
1 or more employees of the department . to act as complainant.
Respondent means…
Person against whom the complaint has been filed who is required to be licensed.
When shall the department open investigation of complaint?
Immediately.
The department . shall make a written acknowledgement of complaint within X days of receipt of complaint to the person making complaint.
15 days.
During an investigation, the department may request that attorney general..
attorney general petition circuit court to issue subpoena requiring person to appear before department to be examined and produce documents.
The investigative unit of department . within X days shall report to director on status of investigation.
30 days.
If investigative unit cannot complete investigation within X days, the director may…
30 days,
the director may extent the time in which a report may be filed.
If investigative unit discloses violation, the department or attorney general department may prepare the following actions…
Formal complaint.
Cease and desist.
Notice of summary suspension.
Citation.
At any time during investigation or after issuance of formal complaint, the department may…
bring together complainant and respondent for informal conference to resolve issues with help of department.
After investigation has been conducted, the director may order a person to…
cease and desist from violation of act or rule.
A person ordered to cease and desist shall be entitled to a hearing before the department if a request for hearing is filed within
30 days after effective date of order.
if a further violation is made after a cease and desist order…
attorney general may apply in the circuit court of state to restrain temporarily or permanently a person from further violations.
After an investigation has been conducted and complaint prepared, the department shall…
serve the formal complaint upon the respondent and complainant. At the same time the department. shall serve the respondent notice of compliance conference with the choice of 3 opportunities.
At the same time of serving the formal complaint upon the respondent and complainant, the department shall serve the respondent with a notice describing the
compliance conference and hearing processes and offering the respondent a choice of 1 of the following opportunities:
A) Meet with department. to negotiate a settlement.
B) If respondent is licensee, demonstrate compliance prior to holding contested case hearing.
C) Opportunity to proceed to contested case hearing.
If respondent selects a settlement the board may…
Reject settlement and request a contested case hearing.
Act 299 does not prevent…
A person against whom a complaint has been filed from showing compliance.
If an informal conference is not held or does not result in a settlement…
A hearing pursuant to section 92 of Act 306 shall be held.
At the conclusion of a hearing, the X shall…
Administrative Law Hearing Examiner shall submit findings of fact and conclusions of law to the department. and department. of attorney general. and appropriate board.
A copy shall be sent to person who made the complaint and the respondent.
At the conclusion of hearing the Administrative Law Hearing Examiner may…
recommend penalties.
For a complain involving professional standards of practice…
a majority of members of the board who have not participated in an investigation of complaint or informal conference shall sit and make findings of fact in relation to complaint.
Within X days after receipt of an Administrative Law Hearing Examiner’s report, the board shall meet and make determination of penalties.
60 days.
A member of a board who has participated in an investigation on complaint filed with the department or who has attended informal conference…
shall not participate in making final determination in a proceeding on that complaint.
A person who has had a limitation placed on license, within X days after limitation is placed, may petition department in writing for review of decision to place limitation,
30 days
The department may remove limitation if…
Department and board determine that the person who submitted petition under subsection 1 could perform with competition the occupation without limitation.
What body assesses the penalty and issues the “Final Order” to settle the complaint?
The Board
A complaint is _______ when it cannot be resolved at the informal investigative hearing.
referred to the Administrative Law Hearing Examiner
How long does the Respondent have to appeal the “Final Order” decision?
30 days
A respondent upon whom service of a formal complaint has been
made pursuant to this section may select, within X days after the receipt of formal complaint notice 1 of 3 options.
15 days
If the Board fails to determine the penalties within the set time limits, the X may determine the penalty.
Director
