Corporations, Securities and Commercial Licensing
How Do Corporate Licensing And Oversight Matters Come To MOAHR?
These issues arise from Formal Administrative Complaints, which are investigated and issued from the respective bureau or division within the Michigan Department of Licensing and Regulation. The actions are directed at those person(s) and/or organization(s) which are licensed by the State of Michigan or in a regulated enterprise. The Formal Administrative Complaints contain allegations that the person(s) and/or organizations(s) have violated one or more statutes or regulatory rules. The regulatory agency will request a hearing from MOAHR; MOAHR will schedule a date, time, and location for that hearing.
What Corporate Licensing Hearings Does MOAHR Handle?
The Corporations, Securities, & Commercial Licensing Bureau licenses and regulates certain professions, occupations, businesses and services. They have the authority to investigate and to pursue disciplinary action against a license, registration or permit issued by the Bureau. That disciplinary action may result in a hearing with MOAHR.
These hearings are known as "contested case" hearings, and are very similar to trial-type hearings in the general court system. The general court rules and the rules of evidence are followed, although certain provisions characteristic to administrative hearings are followed. In all instances, the parties may be represented by attorneys. The agency will be represented by attorneys or assistant attorney generals.
What Authority Does MOAHR Have In This Process?
The Administrative Law Judge (ALJ) prepares a "Proposal for Decision", which contains that ALJ's findings of fact and conclusions of law. The Proposal for Decision is directed to the respective controlling Board for a final decision. The Proposals will be added to the agenda of the controlling Board’s meeting, for its consideration.
Direct contact with MOAHR is not permissible. The parties may be able to resolve alleged violation by a compliance conference between the agency, or its representative and the affected individual. Contact with the agency may be made by contacting the involved division or bureau, or assigned legal counsel. MOAHR must remain independent and neutral in contested matters and the support staff is not permitted to provide legal advice or direction. For more information, visit the Corporations, Securities & Commercial Licensing Bureau website.
Frequently Asked Questions
Q. If I can't attend a scheduled hearing, what should I do?
A. Contact the agency representative and prepare a written request to adjourn the hearing, providing the reason for the request. The name of the case, the docket number, and the assigned ALJ must be noted on the written request. No verbal or telephone requests are permitted. The written request for adjournment must be forwarded by first-class mail, in-person/courier, or by facsimile to 517-373-6235. The party seeking the adjournment must provide a copy to the opposing party at the time of the request.