PUBLIC HEALTH CODE (EXCERPT)
Act 368 of 1978
333.16231 Allegation; review; investigation; compliance conference; duties of department following investigation; complaint; failure to respond.
(1) A person or governmental entity who believes that a violation of this article or article 7 or a rule promulgated under this article or article 7 exists may make an allegation of that fact to the department in writing.
(2) If, upon reviewing an application or an allegation or a licensee's file under section 16211(4), the department determines there is a reasonable basis to believe the existence of a violation of this article or article 7 or a rule promulgated under this article or article 7, the department, with the authorization of the chair of the appropriate board or task force or his or her designee, shall investigate. If the chair or his or her designee fails to grant or deny authorization within 7 days after receipt of a request for authorization, the department shall investigate.
(3) Upon the receipt of information reported pursuant to section 16243(2) that indicates 3 or more malpractice settlements, awards, or judgments against a licensee in a period of 5 consecutive years or 1 or more malpractice settlements, awards, or judgments against a licensee totaling more than $200,000.00 in a period of 5 consecutive years, whether or not a judgment or award is stayed pending appeal, the department shall investigate.
(4) At any time during an investigation or following the issuance of a complaint, the department may schedule a compliance conference pursuant to section 92 of the administrative procedures act of 1969, MCL 24.292. The conference may include the applicant, licensee, registrant, or individual, the applicant's, licensee's, registrant's, or individual's attorney, 1 member of the department's staff, and any other individuals approved by the department. One member of the appropriate board or task force who is not a member of the disciplinary subcommittee with jurisdiction over the matter may attend the conference and provide such assistance as needed. At the compliance conference, the department shall attempt to reach agreement. If an agreement is reached, the department shall submit a written statement outlining the terms of the agreement, or a stipulation and final order, if applicable, or a request for dismissal to the appropriate disciplinary subcommittee for approval. If the agreement or stipulation and final order or request for dismissal is rejected by the disciplinary subcommittee, or if no agreement is reached, a hearing before a hearings examiner shall be scheduled. A party shall not make a transcript of the compliance conference. All records and documents of a compliance conference held before a complaint is issued are subject to section 16238.
(5) Within 90 days after an investigation is initiated under subsection (2) or (3), the department shall do 1 or more of the following:
(a) Issue a formal complaint.
(b) Conduct a compliance conference under subsection (4).
(c) Issue a summary suspension.
(d) Issue a cease and desist order.
(e) Dismiss the complaint.
(f) Place in the complaint file not more than 1 written extension of not more than 30 days to take action under this subsection.
(6) Unless the person submitting the allegation under subsection (1) otherwise agrees in writing, the department shall keep the identity of a person submitting the allegation confidential until disciplinary proceedings under this part are initiated against the subject of the allegation and the person making the allegation is required to testify in the proceedings.
(7) The department shall serve a complaint pursuant to section 16192. The department shall include in the complaint a notice that the applicant, licensee, registrant, or individual who is the subject of the complaint has 30 days from the date of receipt to respond in writing to the complaint.
(8) The department shall treat the failure of the applicant, licensee, registrant, or individual to respond to the complaint within the 30-day period set forth in subsection (7) as an admission of the allegations contained in the complaint. The department shall notify the appropriate disciplinary subcommittee of the individual's failure to respond and shall forward a copy of the complaint to that disciplinary subcommittee. The disciplinary subcommittee may then impose an appropriate sanction under this article or article 7.
History: 1978, Act 368, Eff. Sept. 30, 1978
Am. 1986, Act 174, Imd. Eff. July 7, 1986
Am. 1993, Act 79, Eff. Apr. 1, 1994
Am. 2010, Act 382, Imd. Eff. Dec. 22, 2010
Compiler's Notes: Section 3 of Act 174 of 1986 provides: “This amendatory act shall only apply to contested cases filed on or after July 1, 1986.”
Popular Name: Act 368
© 2009 Legislative Council, State of Michigan