Section R. 393.5073 - Certification; limitations; duration of suspension; standards and procedures for reinstatement after revocation or suspensionRule 73.
(1) The division may impose sanctions, including limitations, suspension, or revocation of a certification. These sanctions on the certification shall continue until the expiration of the period in the order or until the certification is reinstated pursuant to this rule, whichever is later.(2) A petition for reinstatement of a certification that has been suspended or revoked shall be made in accordance with this rule.(3) A certification may be suspended for a period of 10 calendar days , 30 calendar days, 60 calendar days, 90 calendar days, 6 months, 1 year, 2 years, or completely revoked, depending on severity of the violation or the frequency of violations.(4) If a certification has been suspended, it is presumed that the respondent meets the requirements of reinstatement unless any of the following occurs: (a) Another complaint has been filed and is pending at the end of the minimum suspension period.(b) A subsequent disciplinary order has been entered.(c) A petition with supporting affidavit has been filed by a complainant alleging that the respondent has failed to fulfill a term of the suspension order.(5) The certification shall not be reinstated until the division finds that the respondent meets the following requirements of reinstatement:(a) The respondent files a petition for reinstatement not sooner than 60 calendar days before the end of the minimum suspension period. The petition shall be accompanied by supporting affidavits that the terms of the sanction have been met.(b) Within 30 calendar days after the petition has been filed, a complainant may file a response to the petition. If the complainant opposes the reinstatement, an informal conference shall be scheduled. If the complainant fails to appear at the scheduled conference, the complainant shall be deemed in default. If a response is not filed, or if the complainant does not oppose reinstatement, the division shall review the petition with supporting affidavits and shall determine whether the requirements of the reinstatement have been met. The division shall notify the respondent if it finds that the requirements have not been met.(6) A petition for reinstatement of a revoked certification shall be considered in accordance with subrule (4) of this rule. The division shall not accept the petition sooner than 2 years after the effective date of the revocation, except where the certification was revoked for a felony conviction.(7) Before reinstating a certification, the division shall consider all of the following in assessing a respondents ability to practice and the public interest:(a) Whether the respondent has complied with the terms of the revocation.(b) If the divisions final order included corrective measures, remedial education, or training as a condition of reinstatement, the extent of the respondents compliance with the conditions in the final order. In addition, the division may impose other requirements for reinstatement as deemed appropriate, including additional training, education, or supervision.(c) If the final order of the division does not address corrective measures, remedial education, or training as a condition of reinstatement, the division, in determining a respondents ability to practice safely and competently, may consider the need for additional training and education in determining if the petitioner has met the criteria established for reinstatement.(8) After a conference has been completed, the division shall determine whether the respondent has satisfied conditions for reinstatement. The division may deny the petition or grant the petition subject to terms and conditions that it deems appropriate.(9) A subsequent petition for reinstatement may not be filed with the division for at least 1 year after the effective date of the order denying reinstatement.Mich. Admin. Code R. 393.5073