Section R. 432.528 - Application explained; applicant to demonstrate eligibility and suitabilityRule 528.
(1) An application for a license under the act and these rules is a request by the applicant seeking a revocable privilege. A license must be granted by the board if the applicant meets the licensing requirements of the act and these rules.(2) An applicant for a license under the act and these rules, at all times, has the burden of demonstrating to the board, by clear and convincing evidence, that the applicant is eligible and suitable to be granted and retain the license for which application is made under the applicable licensing standards and requirements of the act and these rules.(3) A license issued by the board under the act and these rules is a revocable privilege granted by the board. A person that holds a license does not acquire, and must not be considered to have acquired, a vested property right or other right in the license.(4) An applicant or licensee must accept any risk of adverse publicity, public notice, notoriety, embarrassment, criticism, financial loss, or other unfavorable or harmful consequences that may occur in connection with, or as a result of, the application and licensing process or the public disclosure of information submitted to the board with a license application or at the board's request under the act and these rules.(5) An applicant or licensee may claim any privilege afforded by the constitution of the United States, federal law, or the laws of this state in refusing to answer questions or provide information requested by the board. However, a claim of privilege with respect to any testimony or evidence pertaining to the eligibility or suitability of an applicant or licensee to be granted or hold a license under the act and these rules may constitute cause for denial, suspension, revocation, or restriction of the license.(6) An applicant and licensee have a continuing duty to do both of the following: (a) Notify the board of a material change in the information submitted in the license application submitted by the applicant or licensee or a change in circumstance that may render the applicant or licensee ineligible or unsuitable to hold the license under the licensing standards and requirements of the act and these rules.(b) Maintain the applicant's or licensee's eligibility and suitability to be issued and hold the license held or applied for under the act and these rules.(7) A fantasy contest operator, an applicant, and a licensee have a continuing duty to do all of the following: (a) Provide any information requested by the board relating to licensing or regulation.(b) Cooperate with the board in investigations, inspections, audits, hearings, and enforcement and disciplinary actions.(c) Allow the board access to its facilities relevant to fantasy contest operations under the act and these rules.(d) Comply with all conditions, restrictions, requirements, orders, and rulings of the board in accordance with the act and these rules.Mich. Admin. Code R. 432.528
2023 MR 20, Eff. 10/11/2023