Occupational Code: Article 5

Question 1

A complain shall be lodged with who?

Answer 1

The department.

Question 2

Who may file a complaint?

Answer 2

The department of attorney general, the department. The board, or ANY other person.

Question 3

Complainant means…

Answer 3

Person who filed complaint.

Question 4

If the department. files a complaint, the director shall designate

Answer 4

1 or more employees of the department . to act as complainant.

Question 5

Respondent means…

Answer 5

Person against whom the complaint has been filed who is required to be licensed.

Question 6

When shall the department open investigation of complaint?

Answer 6

Immediately.

Question 7

The department . shall make a written acknowledgement of complaint within X days of receipt of complaint to the person making complaint.

Answer 7

15 days.

Question 8

During an investigation, the department may request that attorney general..

Answer 8

attorney general petition circuit court to issue subpoena requiring person to appear before department to be examined and produce documents.

Question 9

The investigative unit of department . within X days shall report to director on status of investigation.

Answer 9

30 days.

Question 10

If investigative unit cannot complete investigation within X days, the director may…

Answer 10

30 days,

the director may extent the time in which a report may be filed.

Question 11

If investigative unit discloses violation, the department or attorney general department may prepare the following actions…

Answer 11

Formal complaint.
Cease and desist.
Notice of summary suspension.
Citation.

Question 12

At any time during investigation or after issuance of formal complaint, the department may…

Answer 12

bring together complainant and respondent for informal conference to resolve issues with help of department.

Question 13

After investigation has been conducted, the director may order a person to…

Answer 13

cease and desist from violation of act or rule.

Question 14

A person ordered to cease and desist shall be entitled to a hearing before the department if a request for hearing is filed within

Answer 14

30 days after effective date of order.

Question 15

if a further violation is made after a cease and desist order…

Answer 15

attorney general may apply in the circuit court of state to restrain temporarily or permanently a person from further violations.

Question 16

After an investigation has been conducted and complaint prepared, the department shall…

Answer 16

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.

Question 17

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:

Answer 17

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.

Question 18

If respondent selects a settlement the board may…

Answer 18

Reject settlement and request a contested case hearing.

Question 19

Act 299 does not prevent…

Answer 19

A person against whom a complaint has been filed from showing compliance.

Question 20

If an informal conference is not held or does not result in a settlement…

Answer 20

A hearing pursuant to section 92 of Act 306 shall be held.

Question 21

At the conclusion of a hearing, the X shall…

Answer 21

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.

Question 22

At the conclusion of hearing the Administrative Law Hearing Examiner may…

Answer 22

recommend penalties.

Question 23

For a complain involving professional standards of practice…

Answer 23

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.

Question 24

Within X days after receipt of an Administrative Law Hearing Examiner’s report, the board shall meet and make determination of penalties.

Answer 24

60 days.

Question 25

A member of a board who has participated in an investigation on complaint filed with the department or who has attended informal conference…

Answer 25

shall not participate in making final determination in a proceeding on that complaint.

Question 26

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,

Answer 26

30 days

Question 27

The department may remove limitation if…

Answer 27

Department and board determine that the person who submitted petition under subsection 1 could perform with competition the occupation without limitation.

Question 28

What body assesses the penalty and issues the “Final Order” to settle the complaint?

Answer 28

The Board

Question 29

A complaint is _______ when it cannot be resolved at the informal investigative hearing.

Answer 29

referred to the Administrative Law Hearing Examiner

Question 30

How long does the Respondent have to appeal the “Final Order” decision?

Answer 30

30 days

Question 31

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.

Answer 31

15 days

Question 32

If the Board fails to determine the penalties within the set time limits, the X may determine the penalty.

Answer 32

Director