Section R. 400.353 - Notice of intentRule 353.
(1) Except as provided in R 400.354, the department shall provide the certified nurse aide or permitted program or trainer with written notice, by certified mail or personal service to the address of record, of the facts or conduct that warrant the intended action before revoking, suspending, limiting, or modifying a certificate or permit. The written notice shall include, but is not limited to, all of the following: (a) The nature of the allegations.(b) The approximate date and time the allegations occurred.(c) The right to request an administrative hearing to contest the allegations.(d) The department's intent to revoke, suspend, limit, or modify a certificate or permit.(e) Notice that if the certified nurse aide or permitted program or trainer does not request an administrative hearing in writing within 30 days after the date of the written notice, as provided for in subrule (3) of this rule, the department will enforce the sanction indicated in the written notice.(f) The consequences of a finding through the administrative hearing process that the person committed the violations of legal requirements described in the written notice.(g) The certified nurse aide or permitted program or trainer has the right to be represented by an attorney at the administrative hearing at the individual's expense.(2) The department shall issue the written notice within 10 business days after the completion of the department's investigation. The department shall give a copy of the written notice to the administrator of the training program or the administrator of the health facility or agency that employs the subject of the notice.(3) The certified nurse aide or permitted program or trainer may request an administrative hearing within 30 days after the date the department issued the written notice. The request for administrative hearing must be submitted in writing to the director or director's designee as instructed in the written notice.(4) In addition to the written request for an administrative hearing, a certified nurse aide or permitted program or trainer may submit to the director or director's designee a written statement disputing the allegations listed in the department's written notice.(5) Upon receipt of a written request for hearing, the department shall forward the request to the Michigan office of administrative hearings and rules for the scheduling of the administrative hearing.(6) The Michigan office of administrative hearings and rules shall provide the notice of hearing to the applicant, certified nurse aide, or permitted program or trainer by certified mail to the address of record.Mich. Admin. Code R. 400.353
2023 MR 6, Eff. 3/23/2023