5
(2) Subject to subrule (4) of this rule, a certificate, license, or renewal issued under these
rules expires 5 years from June 30 of the calendar year of issuance.
(3) A preliminary school counselor credential issued under R 390.1304 expires 3 years
from the date of issuance.
(4) A temporary school counselor license issued under R 390.1307 expires 1 year from
the date of issuance.
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. 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