R 169.55 Preliminary review of alleged violation; dismissal of complaint; notice of informal hearing.

Rule 55. (1) The secretary of state, upon written complaint or examination of a report filed pursuant to the act, may conduct a preliminary review of an alleged violation to determine if there may be reason to believe a violation of the act or these rules has occurred. (2) If, following a preliminary review, the secretary of state determines there is no reason to believe an allegation is true, the complaint shall be dismissed. Notice of this decision shall be given by the secretary of state to the complainant and the person against whom an allegation has been made. (3) If, following a preliminary review, the secretary of state determines there may be reason to believe an allegation is true, the secretary of state may take either of the following actions: (a) Notify the person against whom the allegation is made and the complainant that an informal hearing will be held to determine whether there is reason to believe a violation of the act or these rules has occurred. (b) Attempt to correct or prevent further violation by informal methods of conference, conciliation, and persuasion, and enter into a conciliation agreement with the person involved. If the secretary of state is unable to correct or prevent further violation by these informal methods, the person against whom the allegation is made and the complainant shall be notified that an informal hearing shall be held to determine whether there is reason to believe a violation of the act or these rules has occurred. (4) The notice shall give the parties involved reasonable time to appear, if they choose to do so. The parties shall be notified of the time and place of the hearing, that they may appear in person or by counsel, and that they may give testimony.