R 4.462 Reviews, investigations, and hearings.

Rule 62. (1) The department shall review each filed registration, statement, and report for accuracy and completeness and shall note where a report has not been filed after registration has occurred. (2) When 30 days have expired after the date due for the filing of a registration, statement, or report and if a discovered error or omission is not corrected or a noted report is not made, the department may, in the absence of a satisfactory explanation for the error, omission, or failure, commence and conduct an investigation to determine if probable cause exists that a violation of the act has occurred. (3) If, after completion of an investigation, a preliminary determination of probable cause is made, the department may conduct a hearing to officially determine if probable cause exists. The person alleged to have violated the act shall be notified of the time and place of the hearing and shall be given an opportunity to appear. The notice of hearing shall indicate that the person may appear in person or by counsel, may, but need not, give testimony, and may present records, documents, or exhibits relevant to the matter. (4) If, following the hearing, the secretary of state determines that probable cause does not exist, the alleged violator shall be notified of that decision. If the secretary of state determines that probable cause does exist, the secretary of state shall forward the official record of the proceedings to the attorney general and shall notify the alleged violator of that action and the determination.