Mich. Admin. Code R. 792.10703

Current through Vol. 24-18, October 15, 2024
Section R. 792.10703 - Compulsory mental or physical examination; objection

Rule 703.

(1) In a hearing or investigation in which mental or physical inability is alleged, a disciplinary subcommittee, administrative law judge, or the bureau with the approval of the disciplinary subcommittee may order that an applicant, licensee, petitioner, or registrant submit to a mental or physical examination in accordance with this rule and the code.
(2) If a summary suspension is ordered, an order to submit to a mental or physical examination may be issued immediately.
(3) If the applicant, licensee, petitioner, or registrant objects to being compelled to submit to examination, the objections shall be submitted in writing.
(4) Objections to an order compelling examination shall be filed within 10 days after service of the order. Upon timely receipt of an objection, a hearing on the merits of the order compelling examination shall be held before an administrative law judge.
(5) If the licensee or registrant does not show compliance with all lawful requirements for retention of the license or registration, the administrative law judge shall consider the complaint and any objections and consider the complaint and any objections and determine whether to require the licensee or registrant to submit to mental or physical examination.
(6) An applicant, licensee, petitioner, or registrant may be required to submit to a mental or physical examination if the administrative law judge determines that a reasonable basis has been shown to believe that a mental or physical examination is warranted.
(7) The applicant, licensee, petitioner, or registrant shall be given reasonable notice and opportunity to submit to a required examination. Failure to submit to the examination constitutes a ground for suspension or denial of the license or registration until the examination is taken.

Mich. Admin. Code R. 792.10703

2015 MR 1, Eff. Jan. 15, 2015