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Rule 47. Review of licensing action.

(1) A licensee notified of a license violation, or of the agency’s intent to suspend, revoke, restrict, or refuse to renew a license or impose a fine, may be given an opportunity to show compliance with the requirements before the agency taking action as prescribed by the act or these rules.

(2) A licensee aggrieved by an action of the agency to suspend, revoke, restrict, or refuse to renew a license, or to impose a fine, may request a contested case hearing in writing within 21 days of service of notice of the intended action.

(3) Upon receipt of a timely request, the agency shall provide the licensee an opportunity for a contested case hearing in accordance with sections 71 to 87 of the APA and the MAHS general hearing rules.

(4) The contested case hearing must be conducted by an administrative law judge or judges within the MAHS.

(5) Upon timely request of the licensee or the agency in accordance with the Michigan court rules currently in effect, an assigned administrative law judge may issue subpoenas duces tecum for the production of books, ledgers, records, memoranda, electronically retrievable data, and other pertinent documents, and administer oaths and affirmations to witnesses as appropriate to exercise and discharge the powers and duties under the act.

(6) A written request for admission may be served upon a designated party in a contested case pursuant to the Michigan court rules. Each of the matters for which an admission has been requested must be deemed admitted, unless the designated party responds to the request in the manner set forth in the currently effective Michigan court rules.

(7) The agency has the burden of proving, by a preponderance of the evidence, that sufficient grounds exist for the intended action to suspend, revoke, restrict, or refuse to renew a license, or to impose a fine, or for the summary suspension of a license.

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