Mich. Admin. Code R. 400.15104 - Licensee and applicant rights
Rule 104.
(1) A
licensee or an applicant shall have the right to be treated with courtesy,
dignity, and fairness by the adult foster care licensing division staff of the
department and shall not be discriminated against on the basis of race,
religion, color, national origin, sex, age, handicap, height, weight, or
marital status.
(2) The department
shall provide a licensee or an applicant with written notice regarding appeal
rights as provided by Act No. 306 of the Public Acts of 1969, as amended, being
S24.201 et seq. of the Michigan Compiled Laws, and the act when there is
official notification of the intent to take an adverse action against an
applicant or a licensee.
(3) A
licensee or an applicant shall be informed of, and shall have the right to
bring to the attention of the supervisor of the licensing representative, any
alleged misapplication of enforcement of regulations by a licensing
representative or any substantial differences of opinion as may occur between
the licensee or the applicant and any licensing representative concerning the
proper application of the act or these rules. A meeting with the supervisor
shall be afforded upon request. This subrule notwithstanding, the licensee or
the applicant may contact any other official of the department regarding issues
relating to the licensing activities of the department. Any contact with the
supervisor or any other departmental official shall not result in any
retaliation by the licensing representative.
(4) All written communications, scheduled and
unscheduled visits, routine licensing investigations, and complaint
investigations shall be conducted according to the provisions of the act and
these rules.
(5) A licensee or an
applicant may request, pursuant to the provisions of Act No. 442 of the Public
Acts of 1976, as amended, being S15.231 et seq. of the Michigan Compiled Laws,
copies of department policies or other documents that govern the licensing
activities of the department.
(6) A
licensee or an applicant shall be afforded the opportunity to have a conference
with the licensing representative before the conclusion of a routine licensing
investigation or complaint investigation and, as soon as practicable
thereafter, shall receive a written response that indicates the findings of the
licensing representative or any other licensing official.
(7) A licensee or an applicant shall have the
right to review a licensing study report in which refusal to renew, revocation,
or denial of license issuance is being recommended before that report is
finalized, except in situations where the department finds cause to invoke a
summary suspension action. The licensee or the applicant shall have the right
to submit a written response. The written response shall be considered a part
of the official record and shall be subject to disclosure pursuant to the
provisions of Act No. 442 of the Public Acts of 1976, as amended, being S15.231
et seq. of the Michigan Compiled Laws.
(8) A licensee or an applicant shall have the
right to provide a written response to the findings of the licensing
representative or other department official if a licensing investigation report
or a complaint investigation report is issued. The written response shall
become a part of the department's official licensing record and shall be public
information according to the provisions of Act No. 442 of the Public Acts of
1976, as amended, being S15.231 et seq. of the Michigan Compiled Laws, and the
act.
(9) A licensee or an applicant
may request, in writing, a declaratory ruling as to the applicability of a rule
as provided in section 63 of Act No. 306 of the Public Acts of 1969, as
amended, being S24.263 of the Michigan Compiled Laws.
(10) The department shall provide advice and
technical assistance to the licensee or the applicant to assist the licensee in
meeting the requirements of the act and these rules. The department shall offer
consultation upon request in developing methods for the improvement of
service.
(11) The department shall
provide a licensee or an applicant with a written copy of the rights outlined
in subrules (1) to (10) of this rule at the time of license application or
license renewal.
Notes
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