Section R. 15.5 - Complaints and answersRule 5.
(1) Any person or entity, known as the complainant, may file a complaint charging a public officer or employee with unethical conduct.(2) The complaint shall comply with all of the following requirements:(b) Specify 1 or more of the standards of prohibited conduct outlined in section 2 of the act, MCL 15.342, that was allegedly violated.(c) Include evidentiary facts supporting the allegations in the complaint.(d) Contain a statement that the complainant or designee has read the complaint and knows its contents, and believes the alleged violations to be true.(e) Contain the signature of the complainant or designee before a notary.(f) Be filed with the executive secretary at the board office.(3) The executive secretary may administratively dismiss a complaint if the complaint fails to comply with subrule (2) of this rule.(4) The chairperson of the board may administratively dismiss a complaint for either of the following reasons:(a) One or more complaints regarding the same matter are pending.(b) The board previously addressed the subject matter.(5) If it has been determined that a complaint complies with subrules (2) and (4) of this rule, then the executive secretary shall promptly serve a copy of the complaint on the person charged. (6) The person charged, or designee, shall file an answer with the executive secretary within 21 calendar days after service of the complaint. The executive secretary shall serve a copy of the answer upon the complainant. The executive secretary may grant an extension of time for filing the answer.(7) The answer shall comply with all of the following requirements: (b) Include a response to each allegation raised in the complaint.(c) Contain the signature of the person charged before a notary. If the answer is filed by an entity other than the person charged, then the person charged and the entity's designee filing the answer shall sign the answer before a notary.(8) Any additional written information a complainant or the person charged wants the board to consider must be simultaneously filed with the executive secretary and the opposing party no later than 21 calendar days before the date of the board meeting scheduled to address the complaint. The opposing party must submit any written response to the executive secretary no later than 14 calendar days before the date of the board meeting.(9) Upon expiration of the time provided for written submissions, the complaint, answer, and any other written submissions shall be presented to the board for its consideration at a meeting as noticed by the executive secretary. Upon presentation of the complaint and answer, the board may direct the executive secretary or the attorney general to obtain additional information regarding the complaint. Any information acquired by the executive secretary or the attorney general is confidential unless revealed by the board.(10) The complainant and the person charged shall have an opportunity to address the board at the meeting scheduled to address the complaint.(11) At any time, the board may issue a complaint decision based on any of the following reasons: (a) The board lacks jurisdiction over the person subject to the complaint.(b) The board lacks jurisdiction over the subject matter.(c) The complainant lacks the legal capacity to file the complaint.(d) The complaint is barred because of release, prior judgment, or other disposition of the claim before the complaint was filed.(e) The complaint on its face fails to state a claim of unethical conduct.(12) If no genuine issue as to any material fact exists, then the board may issue a complaint decision without a hearing.(13) If the board determines that the complaint cannot be resolved under subrules (10) or (11) of this rule, the board may schedule a hearing in accordance with R 15.8.(14) The board shall issue a complaint decision. The executive secretary shall transmit copies of the board's decision to the complainant, the person charged with unethical conduct, and other persons as the board directs.Mich. Admin. Code R. 15.5