DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS
MICHIGAN ADMINISTRATIVE HEARING SYSTEM
ADMINISTRATIVE HEARING RULES
PART 7: LICENSING AND REGULATORY AFFAIRS HEALTH CODE BOARDS.
DISCIPLINARY PROCEEDINGS – RELEVANT EXCERPT
R 792.10707 Burden of proof.
Rule 707. (1) The complaining party has the burden of proving, by a preponderance of the evidence, which grounds exist
for the imposition of a sanction on a licensee, registrant, or applicant.
(2) A petitioner for reinstatement or reclassification of a license or registration has the burden of proving, by clear and
convincing evidence, that the requirements and conditions for reinstatement or reclassification have been satisfied.
(3) An applicant for a license or registration has the burden of proving, by a preponderance of the evidence, that the
pertinent requirements for the license or registration have been satisfied.
(4) The complaining party has the burden of proving, by a preponderance of the evidence, that grounds exist for the
continuation of a cease and desist order.
History: 2015 AACS.
R 792.10711 License; registration; duration of suspension; standards and procedures for reinstatement after
revocation or suspension.
Rule 711. (1) The suspension of a license or registration shall continue until the expiration of the period of suspension
set forth in the order or until the license or registration is reinstated pursuant to this rule, whichever is later. The period of
suspension set forth in the order is a minimum period.
(2) A petition for reinstatement of a license or registration that has been suspended or revoked shall be made in
accordance with this rule.
(3) If a license or registration has been suspended for 6 months or less, it will be presumed that the petitioner meets the
requirements of section 7316, 16247(l), or 16248 of the code, MCL 333.7316, MCL 333.16247, or MCL 333.16248,
unless 1 of the following applies:
(a) The order imposing the suspension provides otherwise.
(b) Another complaint has been filed and is pending at the end of the minimum suspension period.
(c) A subsequent disciplinary order has been entered.
(d) A petition with supporting affidavit has been filed by a complaining party alleging that the petitioner has failed to
fulfill a term of the suspension order.
(4) The presumption described in subrule (3) of this rule is made solely for the issue of reinstatement and shall not be
used in any subsequent or collateral proceedings.
(5) If a license or registration has been suspended for more than 6 months, or if the petitioner is not entitled to a
presumption pursuant to subrule (3) of this rule, the license or registration shall not be reinstated until the board or task
force finds that the petitioner meets the requirements of section 7316, 16247, or 16248 of the code, as follows:
(a) The petitioner shall file a petition for reinstatement not sooner than 90 days before the end of the minimum
suspension period. The petition shall be accompanied by supporting affidavits.
(b) Within 30 days after the petition has been filed, a complaining party may file a response to the petition. If the
response opposes the reinstatement, a hearing shall be scheduled. If the petitioner fails to appear at the
scheduled hearing, either in person or by counsel, the petitioner shall be deemed in default. If a response is not
filed, or if the response does not oppose reinstatement, the board or task force shall review the petition with
supporting affidavits and shall determine whether the requirements of section 7316, 16247, or 16248 of the code
have been met. If it is found that the requirements have not been met, the petitioner shall be notified and, within
30 days after service of the notice, may request a hearing. The petition for reinstatement shall be deemed denied
if the petitioner does not file a timely request for a hearing.
(6) A petition for reinstatement of a revoked license or registration shall be considered in accordance with the standards
and procedures set forth in subrule (5) of this rule. The petition shall not be accepted sooner than 3 years after the
effective date of the revocation, except that where the license or registration was revoked pursuant to section
16221(b)(vii) or (c)(iv) of the code, MCL 333.16221, for a felony conviction or was revoked for any other felony conviction
involving controlled substances, the petition shall not be accepted sooner than 5 years after the effective date of the
revocation. A period of summary suspension is not included in calculating the revocation period.