Michigan Laws 330.1786 – Notice of decision; appeal
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(1) Within 45 days after receiving written notice of the decision of an appeals committee under section 784(5), the appellant may file a written appeal with the department. The appeal shall be based on the record established in the previous appeal, and on the allegation that the investigative findings of the local office of recipient rights are not consistent with the facts or with law, rules, policies, or guidelines.
(2) Upon receipt of an appeal under subsection (1), the department shall give written notice of receipt of the appeal to the appellant, respondent, local office of recipient rights holding the record of the complaint, and the responsible mental health agency. The respondent, local office of recipient rights holding the record of the complaint, and the responsible mental health agency shall ensure that the department has access to all necessary documentation and other evidence cited in the complaint.
Terms Used In Michigan Laws 330.1786
- Allegation: means an assertion of fact made by an individual that has not yet been proved or supported with evidence. See Michigan Laws 330.1772
- Allegation: something that someone says happened.
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Appeals committee: means a committee appointed by the director or by the board of a community mental health services program or licensed hospital under section 774. See Michigan Laws 330.1772
- Appellant: means the recipient, complainant, parent, or guardian who appeals a recipient rights finding or a respondent's action to an appeals committee. See Michigan Laws 330.1772
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Investigation: means a detailed inquiry into and systematic examination of an allegation raised in a rights complaint. See Michigan Laws 330.1772
- Office: means all of the following:
(i) With respect to a rights complaint involving services provided directly by or under contract with the department, unless the provider is a community mental health services program, the state office of recipient rights created under section 754. See Michigan Laws 330.1772Respondent: means the service provider that had responsibility at the time of an alleged rights violation for the services with respect to which a rights complaint has been filed. See Michigan Laws 330.1772
(3) The department shall review the record based on the allegation described in subsection (1). The department shall not consider additional evidence or information that was not available during the appeal under section 784, although the department may return the matter to the board or the governing body of the licensed hospital requesting an additional investigation.
(4) Within 30 days after receiving the appeal, the department shall review the appeal and do 1 of the following:
(a) Affirm the decision of the appeals committee.
(b) Return the matter to the board or the governing body of the licensed hospital with instruction for additional investigation and consideration.
(5) The department shall provide copies of its action to the respondent, appellant, recipient if different than the appellant, the recipient’s guardian if a guardian has been appointed, the board of the community mental health services program or the governing body of the licensed hospital, and the local office of recipient rights holding the record.