Michigan Laws 339.504 – Investigation; status report; time extension; closing and reopening complaint; preparation of appropriate action; informal conference
Current as of: 2023 | Check for updates
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(1) The investigative unit of the department, within 30 days after the department receives the complaint, shall report to the director on the status of the investigation. If, for good cause shown, an investigation cannot be completed within 30 days, the director may extend the time in which a report may be filed. The total number of extensions permitted under this section shall be included in the report required by section 212.
(2) If the report of the investigative unit of the department does not disclose a violation of this act or a rule promulgated or an order issued under this act, the complaint shall be closed by the department. The reasons for closing the complaint shall be forwarded to the respondent and complainant, who then may provide additional information to reopen the complaint.
Terms Used In Michigan Laws 339.504
- Complainant: means a person who has filed a complaint with the department alleging that a person has violated this act or a rule promulgated or an order issued under this act. See Michigan Laws 339.501a
- 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.
- Respondent: means a person against whom a complaint has been filed who may be a person who is or is required to be licensed or registered under this act. See Michigan Laws 339.501a
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
(3) If the report of the investigative unit made pursuant to subsection (1) discloses evidence of a violation of this act or a rule promulgated or an order issued under this act, the department or the department of attorney general shall prepare the appropriate action against the respondent which may be any of the following:
(a) A formal complaint.
(b) A cease and desist order.
(c) A notice of summary suspension.
(d) A citation.
(4) At any time during its investigation or after the issuance of a formal complaint, the department may bring together the complainant and the respondent for an informal conference. At the informal conference, the department shall attempt to resolve issues raised in the complaint and may attempt to aid the parties in reaching a formal settlement or stipulation.