(a) The order remanding the case to the administrative law judge must specify
what witnesses, evidence, or questions are to be addressed on remand without limiting
the witnesses or evidence the parties may present.
(b) After the administrative law judge has held a hearing on the remanded matter,
the administrative law judge shall issue a proposal for decision on remand with findings
of fact and conclusions of law to the disciplinary subcommittee, board, or task force
having jurisdiction over the case.
(4) The disciplinary subcommittee, board, or task force may revise the findings of
fact and conclusions of law based on the evidence in the official record of the hearing.
The revision must specifically identify the findings of fact or conclusions of law, or both,
being modified or rejected and identify the evidence from the official record of the
hearing that supports the revision.
(5) In its final order, a disciplinary subcommittee, board, or task force may adopt,
modify, or reject, in whole or in part, the opinion or proposal for decision of the
administrative law judge. If the disciplinary subcommittee, board, or task force modifies
or rejects the opinion or proposal for decision, the reasons for that action must be stated
in the final order.
(6) Except as provided in sections 7311(1)(b), 16221(b)(x), 16221(h), and 17768(2)
of the code, MCL 333.7311, MCL 333.16221, and MCL 333.17768, a disciplinary
subcommittee shall not rely on any prior final order in determining whether grounds for
discipline exist in the case under consideration. In determining an appropriate
disciplinary action, a disciplinary subcommittee, board, or task force may review any
prior final order, and the underlying administrative complaint, that imposed disciplinary
action on the applicant, licensee, or registrant.
History: 1996 AACS; 2021 AACS; 2022 MR 4, Eff. Feb. 23, 2022.
R 338.1631 Request for reconsideration of a final disciplinary subcommittee,
board, or task force order.
Rule 31. (1) A person may file a written request for reconsideration of a final
disciplinary subcommittee, board, or task force order.
(2) The bureau must receive the written request for reconsideration within 30
calendar days after the effective date of the final order. The bureau must deny an
(3) The written request must state with specificity the material error claimed and the
relief requested. A request for reconsideration that presents the same issues ruled on,
either expressly or by reasonable implication, must not be granted.
(4) A properly submitted request must be forwarded to the appropriate disciplinary
subcommittee, board, or task force for reconsideration. A request for a modification of a
consent order may only be granted after agreement by the parties.
History: 1996 AACS; 2021 AACS.
R 338.1632 Duty to comply with final order.