Section 339.514 - Determination of penalties to be assessed; hearing report; transcript; time limit; board member prohibited from participating in final determination.
OCCUPATIONAL CODE (EXCERPT)
Act 299 of 1980
339.514 Determination of penalties to be assessed; hearing report; transcript; time limit; board member prohibited from participating in final determination.
Sec. 514.
(1) Within 60 days after receipt of an administrative law hearings examiner's hearing report, the board receiving the hearing report shall meet and make a determination of the penalties to be assessed under article 6. The board's determination shall be made on the basis of the administrative law hearings examiner's report. A transcript of a hearing or a portion of the transcript shall be made available to a board upon request. If a transcript or a portion of the transcript is requested, the board's determination of the penalty or penalties to be assessed under article 6 shall be made at a meeting within 60 days after receipt of a transcript or portion of the transcript.
(2) If a board does not determine the appropriate penalty or penalties to be assessed within the time limits prescribed by subsection (1), the director may determine the appropriate penalty and issue a final order for occupations regulated under articles 8 to 25.
(3) A member of a board who has participated in an investigation on a complaint filed with the department or who has attended an informal conference shall not participate in making a final determination in a proceeding on that complaint.
History: 1980, Act 299, Imd. Eff. Oct. 21, 1980
Popular Name: Act 299