1. (1) A person may request a review of a denial of her or his application for professional certification submitted under these rules. A person who requests a review shall follow the procedures prescribed in this rule.
2. (2) To file a review under this rule, a requestor shall submit a written request that specifically states the word "review" and states the reasons for reversal of the denial. For the requestor's review to be considered, the requestor shall file his or her review request within 60 days of the requestor's receipt of the decision subject to review. The request for review shall be addressed to the Chief Appeals Officer, Michigan Department of History, Arts, and Libraries, 702 W. Kalamazoo, P.O. Box 30738, Lansing, MI 48909-8238. All information, records, and other materials that the requestor wants to be considered shall accompany the written request for review.

3. (3) The chief appeals officer shall contact the library of Michigan and obtain a copy of the library of Michigan's official file on the application at issue. The officer shall not conduct a hearing, but shall consider all of the following:

   1. (a) The library of Michigan's file.
   2. (b) All written submissions from the requestor.
   3. (c) The standards for professional certification contained within part 8 of these rules.
   4. (d) Any other available information.
4. (4) Within 60 days, the chief appeals officer shall prepare a written decision and shall furnish a copy of the decision to the requestor and the library of Michigan. A review constitutes an administrative review of the denial and is not conducted as a contested case proceeding.

5. (5) When considering the review, the chief appeals officer shall assess alleged errors in professional judgment and other alleged prejudicial errors of fact or law. The officer may base a decision in whole or in part on matters or factors not addressed in the action subject to review. When rendering a decision, the officer may do 1 of the following:

   1. (a) Reverse the denial.
   2. (b) Affirm the denial.
   3. (e) Resubmit the matter to the library of Michigan for further consideration.
6. (6) The decision of the chief appeals officer is the final decision on the review. A person may not be deemed to have exhausted his or her administrative remedies with respect to the certifications governed by these rules until the officer has issued a final administrative decision under these rules.

History: 2009 AACS.