Mich. Admin. Code R. 400.1152 - Offenses evidencing lack of good moral character; applicability
Rule 2.
(1) The
following offenses presume a lack of good moral character for purposes of
issuing an original or renewal license, a certificate of registration, or an
approval to a child care organization, as defined by Act No. 116 of the Public
Acts of 1973, as amended, being S722.111 et seq. of the Michigan Compiled Laws,
and for issuing an original or renewal license to an adult foster care
facility, as defined by Act No. 218 of the Public Acts of 1979, as amended,
being S400.701 et seq. of the Michigan Compiled Laws:
(a) Conviction of the license applicant, in a
court of competent jurisdiction, of any crime involving a substantial
misrepresentation of any material fact, including any of the following:
(i) Bribery.
(ii) Fraud.
(iii) Filing of false claims.
(iv) Aiding or abetting the filing of false
claims.
(v) Allowing an
establishment to be used for illegal purposes.
(b) Conviction of the license applicant, in a
court of competent jurisdiction, of any crime involving any of the following:
(i) Homicide.
(ii) Murder.
(iii) Manslaughter.
(iv) Mayhem.
(v) Negligent homicide.
(vi) Attempts to commit any of the offenses
specified in paragraphs (i) and (ii) of this subdivision.
(c) Conviction of the license applicant, in a
court of competent jurisdiction, of any crime, felony, or misdemeanor involving
either of the following:
(i)
Assault.
(ii) Battery.
(d) Conviction of the license
applicant, in a court of competent jurisdiction, of any crime which involves a
violent act, or a threat of a violent act, against a person or a crime
constituting a sexual offense, which shall include any of the following:
(i) Criminal sexual conduct in any
degree.
(ii) Activity for profit
involving any of the following:
(A) Child
abuse, neglect, or exploitation.
(B) Kidnapping.
(C) Adoption schemes.
(D) Prostitution or related crimes.
(iii) Cruelty toward, or torture
of, any person.
(iv) Attempts to
commit any of the offenses specified in paragraphs (i) and (iii) of this
subdivision.
(e)
Conviction of the license applicant, in a court of competent jurisdiction, of
any of the following crimes:
(i)
Robbery.
(ii) Armed
robbery.
(iii) Burglary.
(iv) Receiving stolen property.
(v) Concealing stolen property.
(vi) Extortion.
(vii) Obtaining property by false
pretenses.
(viii) Larceny by
trick.
(ix) Larceny by
conversion.
(x)
Embezzlement.
(xi) Arson.
(xii) Offenses involving narcotics, alcohol
or controlled substances that result in a felony conviction.
(xiii) Offenses involving any of the
following:
(A) Adulterating drugs, controlled
substances, or preparations.
(B)
Poisoning.
(C) Unlawful manufacture
or delivery of drugs or possession with intent to manufacture or deliver
drugs.
(xiv) Attempts to
commit any of the offenses specified in paragraphs (i), (ii), and (iii) of this
subdivision.
(2) The department of social services shall
provide the license applicant with written notice regarding the findings as
identified in subrule (1) of this rule as evidencing a lack of good moral
character.
(3) The license
applicant shall be afforded the opportunity to have an informal conference with
department of social services representatives to demonstrate that he or she is
of good moral character.
(4) Where
an offense or offenses identified in subrule (1) of this rule exist, and
license issuance or a certificate of registration is still recommended, the
recommendation shall be reviewed by the department's administrative licensing
officials for a final determination as to the issuance of a license or
certificate of registration.
(5)
The department of social services shall provide the license applicant with a
written response, as soon as practicable after the review, indicating the
determination of the licensing representative.
(6) The department of social services shall
provide a license applicant with written notice regarding appeal rights if
applicable as provided by Act No. 306 of the Public Acts of 1969, as amended,
being S24.201 et seq. of the Michigan Compiled Laws, Act No. 116 of the Public
Acts of 1973, as amended, being S722.111 et seq. of the Michigan Compiled Laws,
and Act No. 218 of the Public Acts of 1979, as amended, being S400.701 et seq.
of the Michigan Compiled Laws, when there is official notification of the
intent to deny the issuance of a license or certificate of registration to an
applicant or registrant based upon the license applicant's lack of good moral
character.
Notes
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