Mich. Admin. Code R. 325.45249

Current through Vol. 24-22, December 15, 2024
Section R. 325.45249 - Correction notice; opportunity to show compliance

Rule 249.

(1) Before commencing hearing proceedings for denial, limitation, suspension, or revocation of a license pursuant to section 20165 and 20166 of the code, MCL 333.20165 and 333.20166, the department shall give notice to the applicant or licensee, by certified mail or personal service, of the facts or conduct that warrant the intended action and provide the applicant or licensee with an opportunity to show compliance at a compliance conference. The notice of a compliance conference must state the date, time, and location of the conference. If the licensee is unable to demonstrate, to the satisfaction of the department at the compliance conference, compliance with all lawful requirements for a license, the department may proceed with a hearing. This subrule does not apply to notices issued under sections 20162, 20168, 21799a(9), 21799b(2), or 21799c of the code, MCL 333.20162, 333.20168, 333.21799a, 333.21799b, or 333.21799c, or section 63 of the administrative procedures act of 1969, 1969 PA 306, MCL 24.263.
(2) When the department issues a correction notice to a nursing home under the provisions of section 21799b of the code, MCL 333.21799b, the correction notice must conform to the requirements of that section. The department will have a hearing officer present to conduct a hearing, within 72 hours after the licensee receives the notice, at the time and place specified in the correction notice. The licensee may waive the opportunity for the hearing. Failure to raise objections to the correction notice on or before the scheduled hearing, or failure to appear at the hearing, will be deemed an admission of the matters asserted in the correction notice. If the respondent fails to make an appearance or to timely contest the notice, the correction notice is final. The licensee may notify the department that it believes it has complied with the correction notice and may request verification of compliance from the department in accordance with section 21799b(3) of the code, MCL 333.21799b.

Mich. Admin. Code R. 325.45249

2020 MR 4, Eff. 2/21/2020