Section R. 32.85 - Home's decision; notice of opportunity to appeal the home's decision; date, time, and location of hearing; telephonic attendance; appearance by letter; waiverRule 15.
(1) Within 10 business days following a compliance conference, the home must provide the applicant, member, or responsible party written notice of the home's decision. Written notice must include all of the following: (a) A statement of the action the home intends to take.(b) The reasons for the intended action.(c) The specific rules supporting the action.(d) A statement that the applicant, member, or responsible party has the right to request a hearing before the governing board.(e) The circumstances, if any, under which a member's transfer or discharge will be stayed if a hearing is requested.(2) Within 15 business days of service of the written notice of the home's decision, the applicant, member, or responsible party may request, in writing, a hearing before the board to appeal the decision of the home. Written notice must include all of the following:(b) The name and address of the person requesting a hearing.(c) The name of the affected applicant, member, or responsible party.(d) The basis for the appeal.(e) All documents that support the appeal.(f) Any other pertinent documents that the person requesting a hearing wants the governing board to consider.(3) A hearing will be conducted at a reasonable time, date, and location, to be determined by the governing board. The governing board may accept a letter from the applicant, member, or responsible party, instead of the applicant's, member's, or responsible party's personal appearance at a hearing before the governing board. The applicant, member, or responsible party must notify the governing board, in writing, that he or she wishes to appear by letter before the start of the scheduled hearing.(4) The home shall mail notice of the time, date, and location of hearing to the applicant, member, or responsible party requesting a hearing at least 10 business days before the date of the hearing.(5) A hearing may be conducted via telephone upon written request by the applicant, member, or responsible party. Written request for a hearing via telephone must accompany the applicant's, member's, or responsible party's written request for a hearing before the governing board in order to be considered.(6) If the applicant, member, or responsible party does not request a hearing before the governing board within 15 business days of service of the notice of opportunity to appeal the home's decision, then the applicant, member, or responsible party is deemed to have waived the right to appeal the home's decision to the governing board.Mich. Admin. Code R. 32.85
2007 AACS; 2019 MR 1, Eff. 1/2/2019