Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

05/17/76 ROGERS v. STATE BOARD COSMETOLOGY

May 17, 1976

ROGERS
v.
STATE BOARD OF COSMETOLOGY



Appeal from Wayne, Roland L. Olzark, J.

Leave to appeal denied, 397 Mich .

J. H. Gillis, P. J., and Quinn and R. E. Noble,* JJ.

SYLLABUS BY THE COURT

1. Administrative Law -- Administrative Procedures Act -- License Revocation Hearings -- Notice -- Statutes.

Two notices to a licensee are required under the Administrative Procedures Act before a state board may hold a license revocation hearing; a preliminary notice of facts or conduct that constitute alleged violations and an informal opportunity to show compliance with the licensing requirements and if there is noncompliance, the board shall issue notice of a hearing (MCLA 24.201 et seq.; MSA 3.560[101] et seq.).

2. Administrative Law -- Administrative Procedures Act -- License Revocation Hearings -- Commencement of Proceedings -- Notice.

A license revocation proceeding is commenced under the Administrative Procedures Act with the mailing of notice of the administrative hearing to the licensee.

3. Administrative Law -- Administrative Procedures Act -- License Revocation Hearings -- Emergency Situations -- Notice -- Summary Suspension of License.

The two-notice requirement for a license revocation proceeding under the Administrative Procedures Act does not apply in emergency situations; therefore, where an administrative board is confronted by an emergency case the board may send an order informing the licensee of summary suspension of the license and avoid issuing the notice of facts and providing the informal opportunity to reply; however, the board must promptly commence proceedings by mailing a notice of hearing.

4. Administrative Law -- License Revocation -- Cosmetology -- Administrative Procedures Act -- Statutes.

The sparse administrative guidelines for license revocation provided in an act regulating cosmetology are superseded by the more specific guidelines of the Administrative Procedures Act (MCLA 338.784[2], 24.201 et seq.; MSA 18.164[2], 3.560[101] et seq.).

The opinion of the court was delivered by: Noble

Complaint by Mary Rogers, individually and doing business as Rogers Beauty School, against the State Board of Cosmetology seeking an injunction restraining the defendant from revoking the plaintiff's license. Summary judgment granted and the revocation of the license reversed. Defendant appeals.

We are asked to determine if defendant State Board of Cosmetology complied with the state Administrative Procedures Act, MCLA 24.201 et seq.; MSA 3.560(101) et seq., in revoking ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.