DEPARTMENT OF CONSUMER AND INDUSTRY SERVICES  
BUREAU OF REGULATORY SERVICES  
GOOD MORAL CHARACTER  
(By authority conferred on the department of social services by section 9 of Act No.  
380 of the Public Acts of 1965, as amended, sections 2 and 5 of Act No. 116 of the  
Public Acts of 1973, as amended, section 3 of Act No. 381 of the Public Acts of  
1974, as amended, and sections 5, 10, and 13 of Act No. 218 of the Public Acts of 1979,  
as amended, being SS16.109,  
722.112, 722.115, 338.43, 400.705, 400.710, and 400.713 of the Michigan  
Compiled Laws)  
R 400.1151 License issuance.  
Rule 1. (1) A license, approval, or registration for a child care organization, as  
defined by Act No. 116 of the Public Acts of 1973, as amended, being S722.111 et  
seq. of the Michigan Compiled Laws, or an adult foster care facility, as defined by Act  
No. 218 of the Public Acts of 1979, as amended, being S400.701 et seq. of the  
Michigan Compiled Laws, shall not be issued by the department of social services if  
the license applicant lacks good moral character.  
(2) For purposes of criminal background investigations, "license applicant"  
means a licensee, a registrant, or a person with direct responsibility for daily  
operation of the facility to be licensed or approved.  
History: 1988 AACS.  
R 400.1152 Offenses evidencing lack of good moral character;  
applicability.  
Rule 2. (1) The following offenses presume a lack of good moral character  
for purposes of issuing an original or renewal license, a certificate of registration, or  
an approval to a child care organization, as defined by Act No. 116 of the Public Acts  
of 1973, as amended, being S722.111 et seq. of the Michigan Compiled Laws, and  
for issuing an original or renewal license to an adult foster care facility, as defined  
by Act No. 218 of the Public Acts of 1979, as amended, being S400.701 et seq. of the  
Michigan Compiled Laws:  
(a) Conviction of the license applicant, in a court of competent jurisdiction, of  
any crime involving a substantial misrepresentation of any material fact, including any  
of the following:  
(i) Bribery.  
(ii) Fraud.  
(iii) Filing of false claims.  
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(iv) Aiding or abetting the filing of false claims.  
(v) Allowing an establishment to be used for illegal purposes.  
(b) Conviction of the license applicant, in a court of competent jurisdiction, of  
any crime involving any of the following:  
(i) Homicide.  
(ii) Murder.  
(iii) Manslaughter.  
(iv) Mayhem.  
(v) Negligent homicide.  
(vi) Attempts to commit any of the offenses specified in paragraphs (i) and (ii) of  
this subdivision.  
(c) Conviction of the license applicant, in a court of competent jurisdiction, of  
any crime, felony, or misdemeanor involving either of the following:  
(i) Assault.  
(ii) Battery.  
(d) Conviction of the license applicant, in a court of competent jurisdiction, of  
any crime which involves a violent act, or a threat of a violent act, against a person or a  
crime constituting a sexual offense, which shall include any of the following:  
(i) Criminal sexual conduct in any degree.  
(ii) Activity for profit involving any of the following:  
(A) Child abuse, neglect, or exploitation.  
(B) Kidnapping.  
(C) Adoption schemes.  
(D) Prostitution or related crimes.  
(iii) Cruelty toward, or torture of, any person.  
(iv) Attempts to commit any of the offenses specified in paragraphs (i) and (iii) of  
this subdivision.  
(e) Conviction of the license applicant, in a court of competent jurisdiction, of  
any of the following crimes:  
(i) Robbery.  
(ii) Armed robbery.  
(iii) Burglary.  
(iv) Receiving stolen property.  
(v) Concealing stolen property.  
(vi) Extortion.  
(vii) Obtaining property by false pretenses.  
(viii) Larceny by trick.  
(ix) Larceny by conversion.  
(x) Embezzlement.  
(xi) Arson.  
(xii) Offenses involving narcotics, alcohol or controlled substances that result in  
a felony conviction.  
(xiii) Offenses involving any of the following:  
(A) Adulterating drugs, controlled substances, or preparations.  
(B) Poisoning.  
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(C) Unlawful manufacture or delivery of drugs or possession with intent to  
manufacture or deliver drugs.  
(xiv) Attempts to commit any of the offenses specified in paragraphs (i), (ii), and  
(iii) of this subdivision.  
(2) The department of social services shall provide the license applicant with  
written notice regarding the findings as identified in subrule (1) of this rule as  
evidencing a lack of good moral character.  
(3) The license applicant shall be afforded the opportunity to have an informal  
conference with department of social services representatives to demonstrate that he or  
she is of good moral character.  
(4) Where an offense or offenses identified in subrule (1) of this rule exist, and  
license issuance or a certificate of registration is still  
recommended, the  
recommendation shall be reviewed by the department's administrative licensing  
officials for a final determination as to the issuance of a license or certificate of  
registration.  
(5) The department of social services shall provide the license applicant with  
a written response, as soon as practicable after the review, indicating the  
determination of the licensing representative.  
(6) The department of social services shall provide a license applicant with written  
notice regarding appeal rights if applicable as provided by Act No. 306 of the Public  
Acts of 1969, as amended, being S24.201 et seq. of the Michigan Compiled Laws, Act  
No. 116 of the Public Acts of 1973, as amended, being S722.111 et seq. of the  
Michigan Compiled Laws, and Act No. 218 of the Public Acts of 1979, as amended,  
being S400.701 et seq. of the  
Michigan Compiled Laws, when there is official  
notification of the intent to deny the issuance of a license or certificate of registration  
to an applicant or registrant based upon the license applicant's lack of good moral  
character.  
History: 1988 AACS.  
R 400.1153 Denial of license renewal based upon previously reviewed  
convictions prohibited; exception.  
Rule 3. The department shall not deny the license or certificate of registration  
renewal of a current licensee or registrant based upon convictions which had been  
reviewed when the license or certificate was issued. However, if new findings or new  
convictions are disclosed, the  
department will consider previously reviewed  
convictions when deciding to approve or deny the license or certificate renewal  
application of a current licensee.  
History: 1988 AACS.  
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;