Mich. Admin. Code R. 330.10013

Current through Vol. 24-15, September 1, 2024
Section R. 330.10013 - Administrative hearing

Rule 10013.

(1) Before an approved transfer between facilities of the department of mental health is acted upon, the director of the hospital in which the prisoner is currently residing shall notify the prisoner in writing, not less than 7 days before transfer, of the facts of the approved transfer and of the right to object, except if the transfer is necessitated by an emergency as determined by the hospital director and as documented in hospital records. Under emergency circumstances, the transfer shall occur as soon as necessary and appropriate notices shall be made not more than 24 hours after transfer.
(2) The transfer may occur before the expiration of the 7-day period if the prisoner approves of the transfer in writing.
(3) If the prisoner requests a hearing regarding the need and appropriateness of the transfer, the facility shall ensure completion, on a form prescribed by the department, of a request for administrative hearing and shall submit the request form to the Administrative Tribunal, Department of Mental Health, Lewis Cass Building, Sixth Floor, Lansing, Michigan 48926.
(4) The standard governing the determination on the appropriateness of the transfer shall be the same as that used under R 330.4011. The administrative hearing held under this rule shall be pursuant to the act, these rules, and chapter 4 of Act No. 306 of the Public Acts of 1969, as amended, being S24.271 et seq. of the Michigan Compiled Laws.

Mich. Admin. Code R. 330.10013

1979 AC; 1981 AACS