Michigan Administrative Code
Department - Education
Superintendent of Public Instruction
School Social Worker
Section R. 340.1011 - Notice of basis for action; notice of right to hearing; informal conference; referral for hearing

(a) Not more than 7 calendar days after receiving notice that the criminal history of the holder of a preliminary school social worker certificate or professional school social worker certificate includes conviction of a crime described in section 1539b of the act, MCL 380.1539b, the department shall request from the court a certified copy of the judgment of conviction and sentence or other document regarding disposition of the case.

(b) On receipt of notice of a basis for action under R 340.1010(a), or not later than 10 business days after receiving documentation of a conviction under subdivision (a) of this rule, the department shall notify the holder of the preliminary school social worker certificate or professional school social worker certificate in writing of all of the following:

(c) The notice under subdivision (b) of this rule must include a copy of applicable statutes and rules.

(d) Not later than 15 business days after receipt of the notice under subdivision (b) of this rule, the holder of the preliminary school social worker certificate or professional school social worker certificate shall request a hearing. If the holder does not timely request a hearing, the superintendent of public instruction shall suspend or deny renewal of the preliminary school social worker certificate or professional school social worker certificate.

(e) If the holder of the preliminary school social worker certificate or professional school social worker certificate timely requests a hearing under subdivision (d) of this rule, the department shall immediately notify the holder of the date and time of an informal conference. Unless otherwise agreed, the informal conference is a telephone conference with an authorized representative of the department.

(f) After the informal conference and consideration of the documentation and other information presented, the department may recommend that the superintendent of public instruction take no action against or grant renewal of the preliminary school social worker certificate or professional school social worker certificate or that there be a settlement or conditional agreement. The superintendent of public instruction shall approve, modify, or deny the recommendation of the department.

(g) If the superintendent of public instruction or designee decides to refer the case to the Michigan office of administrative hearings and rules for hearing following the informal conference, the department shall make the referral.