revised school code, 1976 PA 451, MCL 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 380.211(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 preliminary school
psychologist certificate or the school psychologist certificate in writing of all of the
following:
(i) Because of the conviction or because of the identified reason under R 380.211(1)(a),
the superintendent of public instruction may deny, suspend, or revoke the preliminary
school psychologist certificate or the school psychologist certificate.
(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 preliminary school psychologist certificate or the school psychologist
certificate.
(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 preliminary school psychologist certificate or a
school psychologist certificate 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 preliminary school psychologist certificate or school psychologist certificate or
shall suspend the preliminary school psychologist certificate or the school psychologist
certificate.
(e) If the applicant for or the holder of a preliminary school psychologist certificate or
school psychologist certificate 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 AACS.
R 380.214 Action by superintendent of public instruction on proposal for decision.
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Courtesy of Michigan Administrative Rules