holder shall request within 15 business days after receipt of the notice, the superintendent
of public instruction may rescind, suspend, or revoke a school counselor credential for
failure of the holder to meet the requirements for the credential. If the holder does not
timely request a hearing, the superintendent of public instruction shall rescind, suspend, or
revoke the school counselor credential.
History: 2017 AACS; 2019 AACS.
R 390.1311 Investigation.
Rule 11. The superintendent of public instruction shall designate an employee of the
department to perform the investigatory and prosecutorial functions regarding cases
pertaining to school counselor credentials. Upon receipt of information that may serve as
the basis for a refusal to grant, refusal to renew, suspension of, or revocation of a school
counselor credential, the designee of the superintendent of public instruction shall initiate
an investigation of that information.
History: 2017 AACS.
R 390.1312 Notice of basis for action; notice of right to hearing; informal conference
to show compliance; referral for hearing.
Rule 12. Subject to summary suspension under section 1539b(2) of the revised school
code, 1976 PA 451, MCL 380.1539b, all of the following apply to action taken under R
390.1310(1)(a) or (b):
(a) Not more than 7 calendar days after receiving notice that the criminal history of the
applicant for or the holder of a school counselor credential includes conviction of a crime
described in section 1539b of the 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 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.
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Courtesy of Michigan Administrative Rules