Section 400.1403. Licensee and applicant rights.

(1) A licensee or an applicant shall have the right to be treated with courtesy, dignity, and fairness by the adult foster care licensing division staff of the department and shall not be discriminated against on the basis of race, religion, color, national origin, sex,  age, handicap, marital status, or source of funding.

(2)    The department shall provide a licensee or an applicant with written notice regarding appeal rights as provided by Act No. 306 of the Public Acts of 1969, as amended, being S24.201 et seq. of the Michigan Compiled Laws, and the act, when there is official notification of  the  intent   to take an adverse action against an applicant or a licensee.

(3)   A licensee or an applicant shall be informed of, and shall have the right to bring to the attention of the supervisor of the licensing representative, any alleged misapplication of enforcement of regulations by a licensing representative or any substantial differences of opinion as  may occur  between  the  licensee  or   the applicant and  any  licensing representative concerning the proper  application   of  the act or these rules. A meeting with the supervisor shall be afforded upon request. This subrule notwithstanding, the licensee or the   applicant  may  contact   any other  official of    the   department    regarding   issues     relating     to     the licensing activities of the

department. Any contact with  the  supervisor   or any other departmental official shall not result in any retaliation by  the licensing representative.

(4)      All written communications, scheduled and unscheduled visits, routine licensing investigations and complaint investigations shall be conducted according to department policy and the provisions of the act.

(5)   A licensee or an applicant may request, under the provisions of Act No. 442 of the Public Acts of 1976, as amended, being S15.231 et seq. of the Michigan Compiled Laws, copies of department policies or other documents governing the licensing activities of the department.

(6)   A licensee or an applicant shall be afforded the opportunity to have a conference with the licensing representative before the conclusion of a routine licensing investigation or complaint investigation and, as soon as practicable thereafter, shall receive a written  response   indicating   the findings of the licensing representative or any other licensing official.

(7)   A licensee or an applicant shall have the  right  to   review  a licensing study report in which refusal to renew, revocation, or denial of license issuance is being recommended, before that report is finalized,   except  in  situations   where  the department finds cause to invoke a summary suspension action. The licensee or the applicant shall have the right  to submit a written response within 15 calendar days to the  licensing  study report. The final licensing study report shall include  the   licensee's or the applicant's written response, and the response shall be considered a part of the official record and shall be subject to  disclosure   under  the provisions of Act No. 442 of the Public Acts of 1976, as amended, being S15.231 et seq. of the Michigan Compiled Laws.

(8)   A licensee or an applicant shall have the right to provide a written response to the  findings  of   the  licensing  representative  or   other department official in the event of a licensing investigation report or a complaint investigation report. Unless otherwise requested by the licensee or the applicant, in writing, the written response shall become a part of the department's official licensing record and shall be public information according to the provisions of Act No. 442 of the Public Acts of 1976, as amended, being S15.231 et seq. of the Michigan Compiled Laws and the act.

(9)   A licensee or an applicant may request, in writing,   a  declaratory ruling as to the applicability of a rule as provided in section 63  of  Act No. 306 of the Public Acts of 1969, as amended, being S24.263 et seq. of the Michigan Compiled Laws and the act.

(10)   The department shall provide advice and technical assistance to  the licensee or the applicant to  assist  the   licensee  in  meeting  the requirements of the act  and these rules. The department shall offer consultation upon request in developing methods  for   the   improvement   of service.

(11)   The department shall provide a licensee or  an  applicant  with  a written copy of the rights outlined in subrules (1) to (10) of this rule at the time of license application or license renewal.

History: 1984 AACS.