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If you’ve been accused of a LARA offense in Michigan, it’s crucial to act carefully and strategically. Here’s what you need to do:
- Contact an attorney familiar with Michigan professional licensing defense before speaking to a State investigator.
- Allow your attorney to provide information or dispute allegations during the investigation.
- Understand that the licensing Board will review the investigator’s recommendation.
- Respond promptly to any Administrative Complaint to avoid default judgments.
- Take advantage of Compliance Conferences or administrative hearings to present mitigating evidence.
What Is Michigan’s Licensing and Regulatory Affairs Department (LARA)?
LARA serves as an administrative watchdog over all of the above professions. In order to hold a license and be in good standing with the State of Michigan, a licensee must demonstrate that they pose no danger to the public interest in the performance of their particular profession.
The State of Michigan requires that certain professionals be licensed and that their license be in good standing before they are allowed to practice their profession.
LARA licenses the following professionals to practice in the State of Michigan:
Health / Health-related Professions | Acupuncture; Athletic Trainers; Audiology; Behavior Analysts; Chiropractic; Counseling; Dentistry; Dietitian Nutritionists; Genetic Counseling; Marriage & Family Therapy; Massage Therapy; Medicine; Midwifery; Nursing; Nursing Home Administrators; Occupational Therapy; Optometry; Osteopathic Medicine & Surgery; Pharmacy; Physical Therapy; Physician Assistants; Podiatric Medicine & Surgery; Psychology; Respiratory Care; Sanitarians; Social Work; Speech-Language Pathology; Veterinary Medicine |
| Occupational/ Professional (“Occupational Licensing”) | Accountancy; Appraisal Management Companies (AMCs); Real Estate Appraisers; Architects; Barbers; Collection Agencies; Cosmetology; Engineers (Professional Engineers) ; Hearing Aid Dealers; Landscape Architects; Personnel / Employment Agencies; Real Estate Brokers / Salespersons; Professional Surveyors |
| Commercial/ Business/ “Commercial Licenses” | Cemetery; Funeral & Cemetery Prepaid Contract Sellers / Providers; Funeral Directors (Mortuary Science); Polygraph Examiners; Professional Employer Organizations; Professional Investigators; Securities / Securities Regulation; Security Alarm Contractors; Security Guards; Transportation Companies; Vehicle Protection Product Warrantors; Unarmed Combat (boxing/MMA) / promoters/referees |
| Cannabis/ Hemp /Marijuana-related Licenses | Medical cannabis facility licenses; Adult-use (recreational) cannabis establishment licensing; Hemp processing; etc. |
| Skilled Trades/ Construction/Building | Electricians; Mechanical contractors; Plumbers; Residential Builders; Code Officials; Elevator contractors; (Also BARA / Construction Codes bureau handles building, plumbing, electrical licensing) |
| Fire Safety / Facility / Life Safety | Fireworks regulation; Storage Tanks; Firefighter training/certification; Fire safety in regulated facilities; Plan review for regulated facilities (e.g. child care, health care, adult foster care) |
| Adult & Child Care/ Facilities / Related | Child Care Homes & Centers; Adult Foster Care Homes; Homes for the Aged; Camps (Children’s & adult foster care); Qualified Interpreters (for certain care settings) |
| Liquor/Alcohol/ Beverage Control | The Michigan Liquor Control Commission (within LARA) handles licensing and regulation of alcoholic beverage sales, distribution, etc. |
Navigating Licensing Actions
Generally speaking, a licensing action is commenced upon the filing of a complaint. Complaints can be filed by citizens who are in direct contact with the professional providing the service or by other licensing authorities or government agencies.
As soon as a complaint is filed an investigation is undertaken by persons who are assigned as investigators throughout the State. The investigator will gather the facts by interviewing the complainant, obtaining documents or other physical evidence to support the accusation and attempting to obtain information from the licensee about the nature of the complaint.
Defending Professionals When Their License is in Jeopardy
It is absolutely critical that a licensee contact an attorney who is familiar with the defense of licensing matters before making any comment at all to a State licensing investigator. Only an experienced attorney can counsel a licensee about the kinds of things that may or may not be said to an investigator to maintain the privilege to practice a profession. Normally, the attorney retained will meet with the investigator and provide information to either dispute the veracity of the allegations or, alternatively, provide mitigating information.
After the investigator has completed their investigation, the Board responsible for regulating the particular profession is contacted. A recommendation is made by the investigator to the Board as to what action, if any, should be taken at the time. The Board generally will dictate the course of action that it desires the State to take against the licensee.
Understanding the Licensing Board’s Role
Often, following a Board review, the State will file an Administrative Complaint alleging violations of the Public Health Code. An Administrative Complaint must be timely answered or a default judgment is entered. An Administrative Complaint is the first step in a legal proceeding in an administrative tribunal, which affords a licensee an opportunity to be heard with respect to the veracity of the allegations in the complaint or to provide mitigating evidence. Prior to any proceeding in an Administrative Tribunal, the licensee has an opportunity to seek a Compliance Conference.
Compliance Conference
A Compliance Conference is an important stage in any licensing matter. The State is represented by an attorney who speaks informally with the lawyer for the licensee in the presence of the licensee. During a Compliance Conference, the licensee is given an opportunity to explain why their conduct does not violate the Public Health Code or, alternatively, offer mitigating evidence to explain the reason for the violation. Often if a violation has occurred and the mitigating circumstances are sufficient, the State will recommend to the Board that a Consent Order be entered.
Consent Order
It is important that a Consent Order contain terms that are agreeable to the State and the licensee in order to allow the licensee to continue to practice their profession. The process of negotiating a consent agreement with the State is complicated. Only a lawyer experienced in licensing defense can craft an appropriate Consent Order to avoid discipline that requires either a suspension or revocation of the privilege to practice.
If a Consent Order cannot be negotiated, the case proceeds to an Administrative Tribunal. An Administrative Tribunal is a trial court. The burden of proof is on the government to show that the licensee has violated the terms of the Public Health Code and is unfit to practice. The court will hear evidence from both the government and the defense and ultimately make a determination as to whether or not a licensee may practice their profession in the State of Michigan.
Speak With Our Professional Licensing Defense Attorney Today
Randall Levine is particularly well qualified to defend licensing matters. Having been involved in the defense of LARA cases for over 40 years, he has an extensive wealth of knowledge about how the process works and what is necessary to obtain the best outcome for his clients. A former member of the Standing Committee on Character and Fitness for the State Bar of Michigan, Mr. Levine is extremely familiar with the kinds of conduct that a licensing board considers in determining whether or not a licensee is fit to practice.
Mr. Levine was a prosecuting attorney who represented the State of Michigan in cases where applicants to practice law sought a license despite issues that had surfaced concerning their character. After having prosecuted those cases for several years, he became a member of the committee that sat and heard licensee cases where the character and fitness of an applicant was called into question.
He understands what the State is concerned with whenever a complaint is filed against a licensee and what needs to be done in order to maintain the privilege to practice. His record of success is unmatched in the State of Michigan. He is available for an initial consultation at no charge whenever a complaint is filed against a professional in the State of Michigan whose license is being threatened.
For a complimentary consultation with our professional licensing defense lawyer, contact our firm at 269.382.0444 or Rlevine@levine-levine.com.
