380.1539b, the department shall request from the court a certified copy of the judgment
of conviction and sentence or other document regarding disposition of the case.
(b) Upon receipt of notice of a basis for action under R 390.1310(1)(a), or not later
than 10 business days after receiving documentation of a conviction under subdivision (a)
of this rule, the department shall notify the applicant for or the holder of the school
counselor credential in writing of all of the following:
(i) Because of the conviction or because of the identified reason under R
390.1310(1)(a), the superintendent of public instruction may deny, suspend, or revoke the
school counselor credential.
(ii) The applicant or the holder has the right to a hearing.
(iii) If the applicant or the holder does not request a hearing within 15 business
days after receipt of notice of the right to a hearing, the superintendent of public
instruction will deny or suspend the school counselor credential.
(iv) If the applicant or the holder requests a hearing within 15 business days after
receipt of the notice, there will be an informal conference to show compliance.
(c) The notice under subdivision (b) of this rule must include a copy of applicable
statutes and rules.
(d) Not later than 15 business days after receipt of the notice under subdivision (b)
of this rule, the applicant for or the holder of a school counselor credential shall request a
hearing. If the applicant or the holder does not timely request a hearing, the
superintendent of public instruction shall deny the initial or renewed school counselor
credential or shall suspend the school counselor credential.
(e) If the applicant for or the holder of a school counselor credential timely requests
a hearing under subdivision (d) of this rule, the department shall immediately notify the
applicant or the holder of the date and time of an informal conference to show
compliance. Unless otherwise agreed, the informal conference to show compliance is a
telephone conference with an authorized representative of the superintendent of public
instruction.
(f) After the informal conference to show compliance and consideration of the
evidence presented, the superintendent's designee may recommend referral of the matter
to the Michigan office of administrative hearings and rules for hearing or may
recommend a finding of compliance or a written settlement of the matter. The
superintendent of public instruction shall approve, modify, or deny a recommended
finding of compliance or written settlement.
(g) If there is no finding of compliance or written settlement of the matter following
the informal conference to show compliance, the department shall refer the case to the
Michigan office of administrative hearings and rules for hearing.
History: 2017 AACS; 2019 AACS; 2020 MR 19, Eff. Oct. 15, 2020.
R 390.1313 Action by superintendent of public instruction on proposal for
decision.
Rule 13. (1) The superintendent of public instruction may adopt, modify, or reverse
a proposal for decision of the Michigan office of administrative hearings and rules or may
Page 8