Section 393.16. License termination procedures.

Rule 16. Before temporarily suspending or  revoking  a   license,  the commission shall do all of the following in accordance with section 92 of 1969 PA 306, MCL 24.292:

(a)        Issue a written notice stating the facts or conduct that warrants the license action.

(b)        Provide an opportunity to show compliance, within 30 days, with licensing requirements.

(c)         Issue a notice of hearing if, within 30 days, there is a failure to show compliance with licensing requirements; and, in addition, insert in the notice the language "commencing proceedings."

(d)       Cause an evidentiary hearing as prescribed in the Randolph-Sheppard act of 1936, as amended, 20 U.S.C. §107 et seq. and the act.

(e)     Consider the proposed decision rendered by the hearing officer.

(f)      Issue a final decision as rendered by a majority of the commissioners voting. The final agency decision shall identify the effective date of the license action.

(g)     Advise the licensee in writing within 72 business hours, if the final decision is to revoke or suspend a license, of his or her right to seek a remedy through an ad hoc arbitration panel as authorized by the provisions of 34 C.F.R. §395.13 (July 1, 1981). The licensee shall then file a written request for an ad hoc arbitration, pursuant to §5 of the Randolph-Sheppard act of 1936, as amended.

(h)     Advise the licensee in writing within 72 business hours, that  the decision of the ad hoc arbitration panel is final and binding on the parties, except that the decision is subject to appeal and judicial review as a final agency action for purposes of the provisions of the  government  organization and employees act, 5 U.S.C. §101 et seq.

History: 2004 AACS.