Section 325.21903. Correction notice; opportunity to show compliance.

(1) When the department issues a correction notice under the provisions of section 21799b of the code, the correction notice shall set forth all findings mandated by section 21799b  of  the   code,  and  the department shall inform the licensee that he or she has a right to a hearing within 72 hours and that, if he or she wishes to be heard, the department will have a hearing officer present at the time and  place specified in the correction notice. The time of hearing shall be within 72 hours of the time of service. Upon request, an adjournment, for a period not to exceed 10 days, may be granted by a hearing officer. Failure to raise a defense on or before the hearing, or to appear  at  the   hearing, shall be deemed an admission of the matters  asserted  in  the

correction notice. If the respondent fails to make an appearance or  to  contest  the notice, the correction notice shall be final without any  further proceeding whatsoever.

(2) Before commencing the proceedings for denial, limitation, suspension, or revocation of a license pursuant to sections 20165 and 20166 of the code, the department shall give notice to the applicant or licensee, personally or by registered or certified mail, of the facts or conduct which warrants the intended action and shall provide the applicant or licensee with an opportunity to show compliance with the code and these rules at a compliance conference. The notice shall state the date, time, and location of compliance conference. If the licensee is unable to demonstrate, to the satisfaction of the department  at   the  compliance conference, compliance with all lawful requirements for retention of its license, the department may proceed with a hearing. This rule does not apply to notices issued under section 20162, 20168, 21799a(9), 21799b(2), or 21799c of the code or section 63 of Act No. 306 of the Public Acts  of 1969, as amended, being S24.263 of the Michigan Compiled Laws.

History: 1981 AACS.