Section R. 380.213 - Notice of basis for action; notice of right to hearing; informal conference to show compliance; referral for hearingRule 13. 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 380.211(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 preliminary school psychologist certificate or a school psychologist certificate 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 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.Mich. Admin. Code R. 380.213
2017 AACS; 2019 AACS; 2020 MR 19, Eff. 10/15/2020