R 125.220 Suspension; procedures.

Rule 220. (1) Suspension procedures must be initiated by an authorized officer. Procedures commence with sending a notice of suspension to the respondent. (2) A notice of suspension must be sent to each respondent and contain all of the following information: (a) That suspension is proposed. (b) The acts, events, or omissions the suspension is based on. (c) The particular provisions of law, regulation, rules, or program requirements involved. (d) When the suspension becomes effective. The suspension may be made effective immediately if the authorized officer determines that an exigent need to cease activity is necessary to protect the public health, safety, or welfare. (e) The opportunity to request and schedule a hearing on the suspension. (f) The potential effects of suspension. (3) A respondent that receives a notice of suspension is entitled to a hearing on the issue. The hearing must be conducted in accordance with the provisions of R 125.11 and the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, which governs all of the following: (a) Choice and scope of authority of hearing officers. (b) Rules of conduct and evidence for hearing. (c) Decisions of hearing officers. (d) Burdens or levels of proof required. (e) Rights of administrative and judicial appeal. (4) If the official who makes the final decision has not heard the contested case or read the record, the decision, if adverse to the respondent, must not be made until a written proposal for decision is sent to all parties by the hearing officer who heard the contested case or read the record. Any party who is adversely affected has 10 after days from the issuance of the proposal for decision to file written exceptions and arguments. If written exceptions or arguments are not submitted within 10 days, there shall be no further proceedings before the issuance of a final decision. (5) The final decision of the authority, as issued by an authorized officer, must be issued within 60 days after the date of the hearing or, if a proposal for decision is required pursuant to the provisions of subrule (4) of this rule, the closing date for submission of written exceptions to the proposal for decision, whichever is later.