Section R. 500.23 - Convictions that evidence a lack of good moral characterRule 3.
(1) Subject to subrule (2) of this rule and only if an applicant's criminal record includes a felony conviction that meets 1 or more of the requirements listed in section 2(2) of 1974 PA 381, MCL 338.42, an applicant's lack of good moral character is evidenced by any of the following: (a) The applicant's conviction of any crime involving a substantial misrepresentation of any material fact, including any of the following: (i) Bribery and bribe receipt.(ii) Any type of fraud, including, but not limited to, insurance fraud, mail fraud, mortgage fraud, Medicare fraud, welfare fraud, unemployment fraud, land fraud, tax fraud, securities fraud, fraudulent use of a credit or debit card, or criminal fraud.(iii) Filing a false claim.(iv) Aiding or abetting the filing of a false claim.(v) Allowing an establishment to be used for illegal purposes.(b) The applicant's conviction of any crime involving any of the following:(vi) Attempt to commit any of the offenses specified in paragraphs (i) and (ii) of this subdivision.(c) The applicant's conviction of any crime involving assault or battery, or both.(d) The applicant's conviction of any crime involving a violent act, or a threat of a violent act, against an individual or any crime constituting a sexual offense, including, but not limited to, any of the following:(i) Criminal sexual conduct in any degree.(ii) Activity for-profit involving any of the following:(A) Child abuse, neglect, or exploitation.(D) Prostitution or related crimes, including, but not limited to, managing, human trafficking, and transporting.(iii) Cruelty toward, or torture of, any individual.(iv) Attempt to commit any of the offenses specified in paragraphs (i) and (iii) of this subdivision.(e) The applicant's conviction of any of the following crimes:(iii) Burglary crimes, including, but not limited to, breaking and entering, home invasion, and entering without breaking.(iv) Attempt to commit any of the offenses specified in paragraphs (i), (ii), and (iii) of this subdivision.(vi) Receiving or concealing stolen property.(xi) Theft offenses not otherwise identified in this rule that are punishable by a term of imprisonment of 1 year or more, including, but not limited to, larceny, larceny by trick, larceny by conversion, and obtaining property by false pretenses.(xii) Forgery or any crime involving the falsification of documents.(xiii) Criminal impersonation.(xiv) Perjury or subornation of perjury.(xv) Witness or evidence tampering.(xvi) Crimes against children, including, but not limited to, possession of child pornography.(xvii) Offenses involving poisoning.(xviii) Offenses involving explosive materials or firearms.(xix) Illicit trafficking in firearms or destructive devices.(2) An applicant's lack of good moral character is not evidenced by any of the following: (a) A misdemeanor conviction for a violation of a traffic law.(b) A criminal record of a conviction that may not be used, examined, or requested in making a determination of good moral character pursuant to section 3(1) of 1974 PA 381, MCL 338.43.(c) For an applicant having not more than 1 conviction, a misdemeanor conviction that was entered more than 5 years before the date of the applicant's application for licensure.Mich. Admin. Code R. 500.23
2023 MR 6, Eff. 3/20/2023