333.7314 Denial, suspension, revocation, or limitation of license; order to show cause; service of order; conduct of proceedings; effect of proceeding on existing license

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333.7314 Denial, suspension, revocation, or limitation of license; order to show cause; service of order; conduct of proceedings; effect of proceeding on existing license; suspension of license on finding of imminent danger; duration of suspension; applicability of subsection (1).

Sec. 7314.

(1)Before the disciplinary subcommittee suspends or revokes or limits a license or denies an application or a renewal of a license, the disciplinary subcommittee shall serve on the applicant or licensee an order to show cause why the application or license should not be denied, limited, revoked, or suspended, or why the renewal should not be denied. The order to show cause shall contain a statement of the basis for the order and shall call upon the applicant or licensee to appear before the disciplinary subcommittee or a hearings examiner at a time and place not less than 30 days after the date of service of the order. A show cause order for a denial of renewal of a license shall be served not later than 30 days before expiration of the license. The proceedings described in this subsection shall be conducted without regard to any criminal prosecution or other proceeding. A proceeding to deny renewal of a license does not abate the existing license, which remains in effect pending the outcome of the administrative hearing.

(2)Pursuant to procedural guidelines adopted by the department, the department may suspend a license, without an order to show cause, simultaneously with the institution of proceedings under section 7311 or if renewal of licensure is refused, if the department finds that there is an imminent danger to the public health or safety that warrants this action. The suspension shall continue in effect until conclusion of the proceedings, including judicial review, unless sooner withdrawn by a hearings examiner or dissolved by a court of competent jurisdiction.

(3)Subsection

(1)does not apply to the suspension or revocation of a license by the administrator pursuant to section 7311(6).

History: 1978, Act 368, Eff. Sept. 30, 1978 ;-- Am. 1986, Act 174, Imd. Eff. July 7, 1987 ;-- Am. 1993, Act 80, Eff. Apr. 1, 1994

Compiler's Notes: Section 3 of Act 174 of 1986 provides: “This amendatory act shall only apply to contested cases filed on or after July 1, 1986.”

Popular Name: Act 368