Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Community and Health Systems › Homes for the Aged Facilities › Adult Foster Care Family Homes Licensing Rules › Section R. 400.1403 - Licensee and applicant rights

Current through Vol. 24-12, July 15, 2024
Rule 3.
(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, marital status, or source
				  of funding.
(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 department policy and the
				  provisions of the act.
(5) A
				  licensee or an applicant may request, under 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 governing 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 indicating 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 within 15
				  calendar days to the licensing study report. The final licensing study report
				  shall include the licensee's or the applicant's written response, and the
				  response shall be considered a part of the official record and shall be subject
				  to disclosure under 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 in the event of a licensing
				  investigation report or a complaint investigation report. Unless otherwise
				  requested by the licensee or the applicant, in writing, 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 et seq. of the Michigan Compiled Laws and the
				  act.
(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.