Michigan Administrative Code
Department - Civil Rights
Civil Rights Commission
Qualified Interpreter - General Rules
Part 7 - PROCEDURES FOR REVOCATION, SUSPENSION, LIMITATION OF CERTIFICATION, REINSTATEMENT
Section R. 393.5072 - Formal complaint and notice; service; informal conference; methods of settlement; representation; summary suspension
Current through Vol. 24-16, September 15, 2024
Rule 72.
(1) After an investigation has been conducted and a formal complaint prepared, the division shall serve the formal complaint upon the respondent through certified mail with a return receipt requested and provide a copy to the complainant.
(2) A respondent upon whom service of a formal complaint has been made has 28 calendar days to reply.
(3) After the issuance of a formal complaint, the division may assemble together the complainant and the respondent for an informal conference or mediation. At the informal conference or mediation, the division shall attempt to resolve issues stated on the complaint and may assist the parties in reaching a formal settlement or stipulation.
(4) If a respondent fails to file an answer to the complaint with the division within 28 days after receipt of the formal complaint, a default shall be entered by the division. A default may result in a reprimand, suspension, revocation, or limitation of a certificate as provided for in the act.
(5) An informal conference may result in a settlement, consent order, waiver, default, or other method of settlement agreed upon by the parties and the division.
(6) If the informal conference does not result in a resolution of the formal complaint, the matter shall be referred to the Michigan administrative hearing system or its successor for an administrative hearing.
(7) An authorized employee or agent of the division may represent the department in a contested case.
(8) A respondent may be represented at a hearing by an authorized representative or legal counsel at the respondents own expense.
(9) At any time after a formal complaint is filed involving public health, safety, or welfare requiring emergency action, the department may file a petition in circuit court for the county in which the subject of the formal complaint occurs, or the county in which a respondent resides or transacts business, seeking appropriate temporary relief against the respondent, pending final determination of proceedings, including an order or decree restraining the respondent. The court may grant temporary relief or a restraining order as it deems just and proper.
(10) The division shall issue an order summarily suspending a certification based upon the holder of the certificate having been convicted of a felony.