DEPARTMENT OF CONSUMER AND INDUSTRY SERVICES  
BUREAU OF REGULATORY SERVICES  
ADULT FOSTER CARE FACILITY LICENSING AND CHILD CARE  
ORGANIZATION  
CONTESTED CASE HEARINGS  
(By authority conferred on the director of the department of consumer and industry  
services by section 2 of Act No. 116 of the Public Acts of 1973, as amended, section 10  
of Act No. 218 of the Public Acts of 1979, as amended, and Executive Reorganization  
Order No. 1996-1, being §§722.112, 400.710, and 330.3101 of the Michigan Compiled  
Laws)  
R 400.16001 Definitions.  
Rule 1. (1) As used in these rules:  
(a) "Act" means Act No. 116 of the Public Acts of 1973, as amended, being  
§722.111 et seq. of the Michigan Compiled Laws.  
(b) "Act No. 218" means Act No. 218 of the Public Acts of 1979, as amended, being  
§400.701 et seq. of the Michigan Compiled Laws.  
(c) "Noncompliance" means a violation of the act or act 218, an  
administrative rule promulgated under the act or act 218, or the terms of a license or a  
certificate of registration.  
(d) "Substantial noncompliance" means repeated violations of the act or act 218 or  
an administrative rule promulgated under the act or act 218, or noncompliance with  
the act or act 218, or a rule promulgated under the act or act 218, or the terms of a license  
or a certificate of registration that jeopardizes the health, safety, care, treatment,  
maintenance, or supervision of individuals receiving services or, in the case of an  
applicant, individuals who may receive services.  
(e) "Willful noncompliance" means, after receiving a copy of the act or act 218, the  
rules promulgated under the act or act 218 and, for a license, a copy of the terms of a  
license or a certificate of registration, an applicant or licensee knew or had reason to  
know that his or her conduct was a violation of the act or act 218, rules promulgated  
under the act or act 218, or the terms of a license or a certificate of registration.  
(2) Except as provided in subrule (1) of this rule, a term defined in Act No. 306 of  
the Public Acts of 1969, as amended, being §§24.201 et seq. of the Michigan Compiled  
Laws, shall have the same meaning when used in these rules.  
(3) The definitions in this rule apply to matters under the act and act 218 for  
contested case hearings.  
History: 1998-2000 AACS.  
Page 1  
Courtesy of www.michigan.gov/orr  
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