Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Community and Health Systems › Homes for the Aged Facilities › Adult Foster Care Small Group Homes › Part 1 - GENERAL PROVISIONS › Section R. 400.14104 - Licensee and applicant rights

Current through Vol. 24-12, July 15, 2024
Rule 104.
(1) A
					 licensee or an applicant shall have the right to be treated with courtesy,
					 dignity, and fairness by the adult foster care licensing division staff of the
					 department and shall not be discriminated against on the basis of race,
					 religion, color, national origin, sex, age, handicap, height, weight, or
					 marital status.
(2) The department
					 shall provide a licensee or an applicant with written notice regarding appeal
					 rights as provided by Act No. 306 of the Public Acts of 1969, as amended, being
					 S24.201 et seq. of the Michigan Compiled Laws, and the act when there is
					 official notification of the intent to take an adverse action against an
					 applicant or a licensee.
(3) A
					 licensee or an applicant shall be informed of, and shall have the right to
					 bring to the attention of the supervisor of the licensing representative, any
					 alleged misapplication of enforcement of regulations by a licensing
					 representative or any substantial differences of opinion as may occur between
					 the licensee or the applicant and any licensing representative concerning the
					 proper application of the act or these rules. A meeting with the supervisor
					 shall be afforded upon request. This subrule notwithstanding, the licensee or
					 the applicant may contact any other official of the department regarding issues
					 relating to the licensing activities of the department. Any contact with the
					 supervisor or any other departmental official shall not result in any
					 retaliation by the licensing representative.
(4) All written communications, scheduled and
					 unscheduled visits, routine licensing investigations, and complaint
					 investigations shall be conducted according to the provisions of the act and
					 these rules.
(5) A licensee or an
					 applicant may request, pursuant to the provisions of Act No. 442 of the Public
					 Acts of 1976, as amended, being S15.231 et seq. of the Michigan Compiled Laws,
					 copies of department policies or other documents that govern the licensing
					 activities of the department.
(6) A
					 licensee or an applicant shall be afforded the opportunity to have a conference
					 with the licensing representative before the conclusion of a routine licensing
					 investigation or complaint investigation and, as soon as practicable
					 thereafter, shall receive a written response that indicates the findings of the
					 licensing representative or any other licensing official.
(7) A licensee or an applicant shall have the
					 right to review a licensing study report in which refusal to renew, revocation,
					 or denial of license issuance is being recommended before that report is
					 finalized, except in situations where the department finds cause to invoke a
					 summary suspension action. The licensee or the applicant shall have the right
					 to submit a written response. The written response shall be considered a part
					 of the official record and shall be subject to disclosure pursuant to the
					 provisions of Act No. 442 of the Public Acts of 1976, as amended, being S15.231
					 et seq. of the Michigan Compiled Laws.
(8) A licensee or an applicant shall have the
					 right to provide a written response to the findings of the licensing
					 representative or other department official if a licensing investigation report
					 or a complaint investigation report is issued. The written response shall
					 become a part of the department's official licensing record and shall be public
					 information according to the provisions of Act No. 442 of the Public Acts of
					 1976, as amended, being S15.231 et seq. of the Michigan Compiled Laws, and the
					 act.
(9) A licensee or an applicant
					 may request, in writing, a declaratory ruling as to the applicability of a rule
					 as provided in section 63 of Act No. 306 of the Public Acts of 1969, as
					 amended, being S24.263 of the Michigan Compiled Laws.
(10) The department shall provide advice and
					 technical assistance to the licensee or the applicant to assist the licensee in
					 meeting the requirements of the act and these rules. The department shall offer
					 consultation upon request in developing methods for the improvement of
					 service.
(11) The department shall
					 provide a licensee or an applicant with a written copy of the rights outlined
					 in subrules (1) to (10) of this rule at the time of license application or
					 license renewal.