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Code · Michigan · Chapter 339 — Occupational Code

339.202a Preliminary determination; procedure; effect.

308 words·~1 min read·/mi/chapter-339/339-202a

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339.202a Preliminary determination; procedure; effect.
Sec. 202a.
(1)The department shall establish a procedure that allows an individual to obtain a preliminary determination from the department concerning whether any court judgments against him or her would likely result in a denial of a license or registration for failing to meet the good moral character requirement for that license or registration.
(2)All of the following apply for purposes of subsection (1):
(a)To obtain a preliminary determination under this section, an individual must file a request that meets all of the following:
(i)Is submitted on a form provided by the department.
(ii)Identifies the license or registration for which he or she may apply.
(iii)Includes a detailed description of any criminal proceedings that resulted in a judgment against him or her.
(iv)Includes the nonrefundable fee required by the department.
(b)The department shall only consider the information provided by an individual under subdivision (a)(ii) and
(iii)in making a preliminary determination.
(c)A preliminary determination under this section that is adverse to an individual does not prevent the individual from subsequently applying for a license or registration.
(d)The department or a board is not bound by a preliminary determination under this section if the individual applies for a license or registration under this act.
(e)The issuance of a preliminary determination under this section does not limit the authority of the department to review applications for a license or registration, or to issue or deny a license or registration.
(f)The department shall notify an individual of a preliminary determination by delivering a preliminary determination letter to the individual, in a form determined by the department.
(3)An individual shall not request more than 1 preliminary determination under this section in any 120-day period.
History: Add. 2018, Act 455 , Eff. Mar. 21, 2019
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