DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS  
DIRECTOR’S OFFICE  
OCCUPATIONAL CODE—DISCIPLINARY RULES  
(By authority conferred on the director of the department of licensing and regulatory  
affairs by section 33(3) of the administrative procedures act of 1969, 1969 PA 306, MCL  
24.233, section 205 of the occupational code, 1980 PA 299, MCL 339.205, and  
Executive Reorganization Orders Nos. 1991-9, 1996-2, 2003-1, and 2011-4, MCL  
338.3501, 445.2001, 445.2011, and 445.2030)  
PART 1. GENERAL RULES  
R 339.1701 Rescinded.  
History: 1990 AACS; 1997 AACS; 2006 AACS; 2015 AACS.  
R 339.1702 Definitions.  
Rule 702. (1) As used in these rules “code” means the occupational code, 1980 PA  
299, MCL 339.101 to 339.2677.  
(2) The applicable terms defined in the code have the same meaning when used in  
these rules.  
History: 2021 MR 9, Eff. May 3, 2021.  
R 339.1703 Rescinded.  
History: 1990 AACS; 2021 MR 9, Eff. May 3, 2021.  
R 339.1705 Rescinded.  
History: 1990 AACS; 2006 AACS; 2015 AACS.  
R 339.1706 Continuing duty to report name, postal address, and electronic mail  
address change.  
Rule 706. In addition to complying with sections 204(5) and (6) of the code, MCL  
339.204, a licensee, registrant, or qualifying officer, director, owner, or manager of a  
licensee or registrant whose license or registration has expired, lapsed, or has been  
suspended, revoked, or surrendered shall notify the department of a change of name,  
postal address, or electronic mail address until the later of 1 of the following, occurs:  
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(a) Seven years after the license or registration status change occurs.  
(b) The licensee, registrant, or qualifying officer, director, owner, or manager of a  
licensee or registrant is in full compliance with all final orders issued against the licensee,  
registrant, or qualifying officer, director, owner, or manager of a licensee or registrant.  
History: 2006 AACS; 2021 MR 9, Eff. May 3, 2021.  
R 339.1707 Rescinded.  
History: 1990 AACS; 1997 AACS.  
R 339.1708 Disciplinary action; unlicensed or unregistered person.  
Rule 708. (1) A person who violates the code is subject to disciplinary action and  
sanctions based upon that conduct under the code without regard to whether he or she  
becomes licensed or registered or whether the department knew of the violation at the  
time that the license or registration was issued.  
(2) A person considered unlicensed or unregistered under section 601(3) of the  
code, MCL 339.601, or whose license or registration has been suspended, revoked, or  
surrendered shall not engage in the practice of any profession requiring licensure or  
registration under the code.  
(3) A person who becomes unlicensed or unregistered remains subject to  
disciplinary action for violating the code, a rule promulgated under the code, or a final  
order issued under the code until the later of 1 of the following occurs:  
(a) Seven years after a change in license or registration status change occurs.  
(b) The licensee or registrant is in full compliance with all final orders issued  
against the licensee or registrant.  
History: 2021 MR 9, Eff. May 3, 2021.  
R 339.1709 Rescinded.  
History: 1990 AACS; 2015 AACS.  
R 339.1710 Service of formal complaints and orders.  
Rule 710. (1) The department may serve a formal complaint, summary suspension  
order, cease and desist order, or final order on a respondent by personal service, first class  
United State mail, or certified mail, return receipt requested, to the most current address  
of record on file with the department.  
(2) If service is made by mail, it is deemed received 3 business days after the date  
of mailing, unless otherwise indicated by the returned certified mail receipt.  
(3) Non-delivery does not affect the validity of service if it was caused by the  
respondent’s refusal to take delivery.  
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History: 2021 MR 9, Eff. May 3, 2021.  
R 339.1711 Rescinded.  
History: 1990 AACS; 1997 AACS.  
PART 2. HISTORICAL RECORDS  
R 339.1712 Historical records.  
Rule 712. The department may obtain and maintain all of the following in a  
person’s historical record:  
(a) Reports, information, or a final order from a state department or agency.  
(b) Reports or information from a professional association or professional society.  
(c) Reports or information from the secretary of state’s office.  
(d) Reports or information related to prior complaints made against the person.  
(e) Reports or information from any federal, state, or local law enforcement agency.  
(f) Reports, information, or a final order or judgment from any federal, state, or  
local court or other adjudicating body.  
History: 2021 MR 9, Eff. May 3, 2021.  
R 339.1713 Rescinded.  
History: 1990 AACS; 2015 AACS.  
PART 3. INVESTIGATIONS  
R 339.1714 Investigations.  
Rule 714. The department’s investigations, conducted as required by section 502 of  
the code, MCL 339.502, may encompass violations other than those specifically  
identified when the investigation was initiated.  
History: 2021 MR 9, Eff. May 3, 2021.  
R 339.1715 Rescinded.  
History: 1990 AACS; 1997 AACS.  
PART 4. CONTESTED CASE PROCEEDINGS  
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R 339.1716 Pleadings and orders.  
Rule 716. (1) As used in this rule, “contested case” means that term as defined by  
section 3(3) of the administrative procedures act of 1969, 1969 PA 306, MCL 24.203.  
(2) Until the Michigan office of administrative hearings and rules issues a notice of  
hearing, all documents and any related attachments must be filed with the department or  
the department of the attorney general as set forth in the formal complaint, summary  
suspension order, cease and desist order, or attached notice document.  
(3) After the Michigan office of administrative hearings and rules issues a notice of  
hearing, all documents and pleadings and any related attachments must be filed with the  
Michigan office of administrative hearings and rules and simultaneously served to all  
parties listed in the case caption of the notice, as required in the notice of hearing and R  
792.10101 to 792.10137.  
(4) A formal complaint may be withdrawn or amended at any time consistent with  
the code, the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to  
24.328, and R 792.10101 to 792.10137. If the department adds a new charge, the  
department must give the respondent an opportunity to request a compliance conference.  
(5) All pleadings, documents, and any related attachments that are properly filed  
become a part of the official record of the hearing under sections 76 and 86 of the  
administrative procedures act of 1969, 1969 PA 306, MCL 24.276 and 24.286, and R  
792.10101 to 792.10137.  
History: 2021 MR 9, Eff. May 3, 2021.  
R 339.1721 Rescinded  
History: 1990 AACS; 2015 AACS.  
R 339.1725 Rescinded.  
History: 1990 AACS; 1997 AACS.  
PART 5. COMPLIANCE CONFERENCE AND  
REQUEST FOR ADJOURNMENT  
R 339.1726 Rescinded.  
History: 1990 AACS; 2021 MR 9, Eff. May 3, 2021.  
R 339.1727 Rescinded.  
History: 1990 AACS; 1997 AACS.  
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R 339.1728 Rescinded.  
History: 1990 AACS; 1997 AACS.  
R 339.1731 Compliance conferences; requests for adjournment; written  
statements.  
Rule 731. (1) The department may conduct a compliance conference held under  
section 508 of the code, MCL 339.508, informally and not as an evidentiary hearing.  
(2) A respondent may request and may be granted an adjournment of the  
compliance conference for good cause shown. As used in this subrule, “good cause”  
means that the respondent submitted a written request for adjournment to the department  
that provides legally sufficient grounds to warrant the adjournment, such as  
circumstances beyond the respondent’s control.  
(3) A respondent may request to submit a written statement in lieu of requesting or  
appearing for a compliance conference.  
History: 1990 AACS; 2021 MR 9, Eff. May 3, 2021.  
R 339.1741 Rescinded  
History: 1990 AACS; 1997 AACS; 2015 AACS.  
R 339.1743 Rescinded.  
History: 1990 AACS; 1997 AACS; 2015 AACS.  
R 339.1745 Rescinded.  
History: 1990 AACS; 1997 AACS; 2015 AACS.  
R 339.1746 Rescinded.  
History: 1990 AACS; 1997 AACS.  
R 339.1747 Rescinded.  
History: 1990 AACS; 2015 AACS.  
R 339.1751 Rescinded.  
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History: 1990 AACS; 2015 AACS.  
R 339.1753 Rescinded.  
History: 1990 AACS; 1997 AACS.  
R 339.1755 Rescinded.  
History: 1990 AACS; 2015 AACS.  
R 339.1757 Rescinded.  
History: 1990 AACS; 2015 AACS.  
R 339.1759 Rescinded.  
History: 1990 AACS; 1997 AACS; 2015 AACS.  
R 339.1761 Rescinded.  
History: 1990 AACS; 2015 AACS.  
R 339.1763 Rescinded.  
History: 1990 AACS; 2015 AACS.  
R 339.1765 Rescinded.  
History: 1990 AACS; 1997 AACS; 2015 AACS.  
R 339.1767 Rescinded.  
History: 1990 AACS; 2015 AACS.  
R 339.1771 Rescinded.  
History: 1990 AACS; 1997 AACS; 2015 AACS.  
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