{"data":{"id":"us-mi/mich.-comp.-laws-338.3644","jurisdiction":"us-mi","citation":"Mich. Comp. Laws § 338.3644","heading":"Formal complaint.","body":"Sec. 44.\n\n(1) A summary suspension order, cease and desist order, or injunctive relief issued or granted in relation to a license is in addition to and not in place of an informal conference; criminal prosecution; or proceeding to deny, revoke, or suspend a license; or any other action authorized under this act.\n\n(2) After an investigation is conducted and a formal complaint is prepared, the department shall serve the formal complaint on the respondent and the complainant. At the same time, the department shall serve the respondent with a notice describing the compliance conference and hearing process and offering the respondent a choice of 1 of the following opportunities:\n\n(a) An opportunity to meet with the department to negotiate a settlement of the matter.\n\n(b) If the respondent is a licensee or registrant under this act, an opportunity to demonstrate compliance before a contested case hearing is held.\n\n(c) An opportunity to proceed to a contested case hearing.\n\n(3) A respondent upon which service of a formal complaint is made under this section may select, within 15 days after the receipt of notice, 1 of the options described in subsection (2). If a respondent does not select 1 of those options within the time period described in this section, then the department shall proceed to a contested case hearing as described in subsection (2)(c).\n\n(4) An informal conference may be attended by a member of the commission, at the discretion of that commission, and may result in the agreement of the parties and the department to a settlement. A settlement may include the revocation or suspension of a license; censure; probation; restitution; or a penalty under section 48. The commission may reject a settlement and require a contested case hearing.\n\n(5) An employee of the department may represent the department in any contested case hearing.\n\n(6) This chapter does not prevent a person against which a complaint is filed from showing compliance with this act or a rule promulgated or an order promulgated or issued under this act.\n\n(7) If an informal conference is not held or does not result in a settlement, the department shall allow the respondent an administrative hearing. A member of the commission may attend a hearing under this section.\n\n(8) The department or the department of the attorney general may petition a court of competent jurisdiction to issue a subpoena that requires the person subpoenaed to appear or testify or produce relevant documentary material for examination at a proceeding.","path":["MI Code","Chapter 338","Act Act-403-of-2004"],"source_url":"https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-338-3644","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:31Z","sha256":"993f5f2de5425b792eda95b7d9df55a05c7014bd8d82ffb3821940c7c8704cbf","source_id":"us-mi","stale":false,"prev":"us-mi/mich.-comp.-laws-338.3643","next":"us-mi/mich.-comp.-laws-338.3645"},"notice":"GroundRules: Original legal text. Not legal advice."}