R 325.1915 Hearing procedures.
Rule 15. (1) This rule applies to hearings that are required by MCL 333.20162,
333.20165, 333.20166, and 333.20168.
(2) Unless otherwise provided by the act, the procedures for hearing shall comply with
sections 71 to 92 of 1969 PA 306, MCL 24.271 to 24.292.
(3) If a hearing is required, then the home or applicant shall be notifi ed in writing of the
date, hour, place, and nature of the hearing. Unless otherwise specifi ed in the notice,
the hearing shall be held at the offi ces of the department in Lansing, Michigan.
(4) A hearing date shall be scheduled in accordance with the timeframes set out in
MCL 333.20162, 333.20165, 333.20166, and 333.20168 as follows:
(a) Under MCL 333.20162 and 333.20168, an opportunity for a hearing on a
compliance order or on an emergency order limiting, suspending, or revoking the license
of the home shall be provided to the home within 5 working days of issuance of the
department’s order.
(b) Under MCL 333.20165 and 333.20166, the date set for an opportunity for a
hearing on a notice of intent to deny, limit, suspend, or revoke a license shall be at least
30 days from the date of service of the action on the home or applicant.
(c) The date set for an opportunity for a hearing on a department order imposing an
administrative fine on a home under MCL 333.20165(1) shall be at least 30 days from
the date of service of the order on the home.
(5) The presiding officer may grant a request for an adjournment of a hearing for good
cause. Unless provided otherwise by the act or these rules, an adjournment does not
suspend the effective date of the department’s order, including the effective date of a
compliance order issued under MCL 333.20168, or an emergency order issued under
MCL 333.20168 to limit, suspend, or revoke a home’s license.
(6) Absent an adjournment, a home or applicant that fails to appear at a contested
case hearing after proper service of notice waives the right to an administrative hearing
on the department’s order and any other review to which the home or applicant may be
entitled. In such a case, a default shall be entered, and the department’s order or notice
of intended action shall become final.
R 325.1916 Prohibited use of “state-approved” and “hospital.”
Rule 16. (1) The home shall not use “state-approved” or words having a similar
meaning unless the home is operating under a current license.
(2) The home shall not use “hospital” or words having a similar meaning.
(3) The home shall not use “nursing home” or words having a similar meaning
R 325.1917 Compliance with other laws, codes, and ordinances.
Rule 17. (1) A home shall comply with all applicable laws and shall furnish such
evidence as the director shall require to show compliance with all local laws, codes, and
ordinances.
(2) A home shall comply with the department’s health care facility fire safety rules
being R 29.1801 to R 29.1861 of the Michigan Administrative Code.