Mich. Comp. Laws » Michigan Compiled Laws / Chapter 333 / Act 368 of 1978
Michigan Compiled Laws

Mich. Comp. Laws § 333.16237 (2026)

Imposition of penalty by disciplinary subcommittee; review of recommended findings of fact and conclusions of law; assignment of independent special assistant attorney general; additional testimony or evidence; sanction; completion of action; appeal.

✓ current as of July 2026
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PUBLIC HEALTH CODE


Act 368 of 1978


333.16237 Imposition of penalty by disciplinary subcommittee; review of recommended findings of fact and conclusions of law; assignment of independent special assistant attorney general; additional testimony or evidence; sanction; completion of action; appeal.

Sec. 16237.

    (1) In imposing a penalty under section 16232(3), a disciplinary subcommittee shall review the recommended findings of fact and conclusions of law of the hearings examiner.

    (2) The department of attorney general may assign an independent special assistant attorney general who is under contract to the department of attorney general and is not a member of the state classified civil service to advise the disciplinary subcommittees on matters of law and provide other legal assistance as necessary. A special assistant attorney general assigned to the disciplinary subcommittees under this subsection shall not be the same individual who represented the department before a hearings examiner under section 16231a(4).

    (3) In reviewing the recommended findings of fact and conclusions of law of the hearings examiner and the record of the hearing, a disciplinary subcommittee may request the hearings examiner to take additional testimony or evidence on a specific issue or may revise the recommended findings of fact and conclusions of law as determined necessary by the disciplinary subcommittee, or both. A disciplinary subcommittee shall not conduct its own investigation or take its own additional testimony or evidence under this subsection.

    (4) If a disciplinary subcommittee finds that a preponderance of the evidence supports the recommended findings of fact and conclusions of law of the hearings examiner indicating that grounds exist for disciplinary action, the disciplinary subcommittee shall impose an appropriate sanction under any combination of this article, article 7, or article 8. If the disciplinary subcommittee finds that a preponderance of the evidence does not support the findings of fact and conclusions of law of the hearings examiner indicating that grounds exist for disciplinary action, the disciplinary subcommittee shall dismiss the complaint. A disciplinary subcommittee shall report final action taken by it in writing to the appropriate board or task force.

    (5) The compliance conference, the hearing before the hearings examiner, and final disciplinary subcommittee action shall be completed within 1 year after the department initiates an investigation under section 16231(2) or (3). The department shall note in its annual report any exceptions to the 1-year requirement.

    (6) A final decision of a disciplinary subcommittee rendered after the effective date of the amendatory act that added this section but before January 1, 1995 may be appealed only in the manner provided in sections 103 to 106 of the administrative procedures act of 1969, 1969 PA 306, MCL 24.301 to 24.306. A final decision of a disciplinary subcommittee rendered on or after January 1, 1995 may be appealed only to the court of appeals. An appeal filed under this subsection is by right.

History: Add. 1993, Act 87, Eff. Apr. 1, 1994 ;-- Am. 2013, Act 268, Imd. Eff. Dec. 30, 2013

Compiler's Notes:

    Former MCL 333.16237, which pertained to imposition of penalty, review, and appeal, was repealed by Act 87 of 1993, Eff. Apr. 1, 1994.

PopularName Notes:

Act 368
Notes of Decisions
Cited in 23 cases (7 in the last 5 years), 1998–2025 · leading case: Dep't of Cmty. Health v. Anderson, 830 N.W.2d 814 (Mich. Ct. App. 2013).
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Dep't of Cmty. Health v. Anderson, 830 N.W.2d 814 (Mich. Ct. App. 2013). · cites it 6× “Also, “in cases in which a hearing is required,” as in this case, appellate review includes whether the agency’s final decisions, findings, rulings, and orders “are supported by competent, material and substantial evidence on the whole record.”
Bureau of Prof'l Licensing v. Butler, 915 N.W.2d 734 (Mich. Ct. App. 2017). · cites it 4× “" MCL 333.16237(1). "In reviewing the recommended findings of fact and conclusions of law of the hearings examiner and the record of the hearing, a disciplinary subcommittee may request the hearings examiner to take additional testimony or evidence on a specific issue or may…”
Attorney Gen. v. Pub. Serv. Comm'n, 625 N.W.2d 16 (Mich. Ct. App. 2001). · cites it 2× “§ 333.16237(2); MSA 14.15(16237)(2). [1] Once appointed, an independent special assistant attorney general is not subject to the control and direction of the Attorney General.”
Dep't of Cmty. Health v. Risch, 733 N.W.2d 403 (Mich. Ct. App. 2007). “” MCL 333.16237(6). The PHC is, however, silent regarding the scope of review to be applied in such matters.”
In Re Petition of Atty. Gen. for Investigative Subpoenas, 736 N.W.2d 594 (Mich. Ct. App. 2007). “MCL 333.16237(6). The administrative regulations for investigations and contested case hearings expressly direct that *708 [a]ny member of the department, a board, or task force who takes an active part in the investigatory or allegation process shall not participate in deciding…”
Dep't of Consum. & Indus. Servs. v. Greenberg, 586 N.W.2d 560 (Mich. Ct. App. 1998). · cites it 2× “MCL 333.16237(3); MSA 14.15(16237)(3) grants the subcommittee discretion to review and revise proposals for decision.”
Dep't of Consum. & Indus. Servs. v. Shah, 600 N.W.2d 406 (Mich. Ct. App. 1999). · cites it 2× “15(16237)(6), provides: A final decision of a disciplinary subcommittee rendered after the effective date of the amendatory act that added this section but before January 1, 1995 may be appealed only in the manner provided in sections 103 to 106 of the administrative procedures…”
Morreale v. Dep't of Cmty. Health, 726 N.W.2d 438 (Mich. Ct. App. 2007). “Further, the applicable portion of the Administrative Code provides that “[t]he complaining party shall have the burden of proving, by a preponderance of the evidence, that grounds exist for the imposition of a sanction on a licensee, registrant, or applicant.”
In Re Liza Michelle Barnett Lpn (Mich. Ct. App. 2024). · cites it 8× “” MCL 333.16237(1). Under MCL 333.16237(3), “[i]n reviewing the recommended findings of fact and conclusions of law of the hearings examiner and the record of the hearing, a disciplinary subcommittee may request the hearings examiner to take additional testimony or evidence on a…”
in Re Karen Lind Butler Md (Mich. Ct. App. 2017). · cites it 4× “” MCL 333.16237(1). Under MCL 333.16237(3), “[i]n reviewing the recommended findings of fact and conclusions of law of the hearings examiner and the record of the hearing, a disciplinary subcommittee may request the hearings examiner to take additional testimony or evidence on a…”
in Re Karen Lind Butler Md (Mich. Ct. App. 2017). · cites it 4× “” MCL 333.16237(1). Under MCL 333.16237(3), “[i]n reviewing the recommended findings of fact and conclusions of law of the hearings examiner and the record of the hearing, a disciplinary subcommittee may request the hearings examiner to take additional testimony or evidence on a…”
in Re Joel M Engel Lmsw (Mich. Ct. App. 2019). · cites it 4× “Pursuant to MCL 333.16237(3), “[i]n reviewing the recommended findings of fact and conclusions of law of the hearings examiner and the record of the hearing, a disciplinary subcommittee may request the hearings examiner to take additional testimony or evidence on a specific…”
Show all 23 citing cases →
— Mich. Comp. Laws § 333.16237(1) — 8 cases
Bureau of Prof'l Licensing v. Butler, 915 N.W.2d 734 (Mich. Ct. App. 2017). “" MCL 333.16237(1). "In reviewing the recommended findings of fact and conclusions of law of the hearings examiner and the record of the hearing, a disciplinary subcommittee may request the hearings examiner to take additional testimony or evidence on a specific issue or may…”
In Re Liza Michelle Barnett Lpn (Mich. Ct. App. 2024). “” MCL 333.16237(1). Under MCL 333.16237(3), “[i]n reviewing the recommended findings of fact and conclusions of law of the hearings examiner and the record of the hearing, a disciplinary subcommittee may request the hearings examiner to take additional testimony or evidence on a…”
in Re Karen Lind Butler Md (Mich. Ct. App. 2017). “” MCL 333.16237(1). Under MCL 333.16237(3), “[i]n reviewing the recommended findings of fact and conclusions of law of the hearings examiner and the record of the hearing, a disciplinary subcommittee may request the hearings examiner to take additional testimony or evidence on a…”
in Re Karen Lind Butler Md (Mich. Ct. App. 2017). “” MCL 333.16237(1). Under MCL 333.16237(3), “[i]n reviewing the recommended findings of fact and conclusions of law of the hearings examiner and the record of the hearing, a disciplinary subcommittee may request the hearings examiner to take additional testimony or evidence on a…”
in Re Vernon Eugene Proctor Md (Mich. Ct. App. 2019).
— Mich. Comp. Laws § 333.16237(2) — 1 case
Attorney Gen. v. Pub. Serv. Comm'n, 625 N.W.2d 16 (Mich. Ct. App. 2001). “§ 333.16237(2); MSA 14.15(16237)(2). [1] Once appointed, an independent special assistant attorney general is not subject to the control and direction of the Attorney General.”
— Mich. Comp. Laws § 333.16237(3) — 11 cases
Bureau of Prof'l Licensing v. Butler, 915 N.W.2d 734 (Mich. Ct. App. 2017). “" MCL 333.16237(1). "In reviewing the recommended findings of fact and conclusions of law of the hearings examiner and the record of the hearing, a disciplinary subcommittee may request the hearings examiner to take additional testimony or evidence on a specific issue or may…”
Dep't of Consum. & Indus. Servs. v. Greenberg, 586 N.W.2d 560 (Mich. Ct. App. 1998). “MCL 333.16237(3); MSA 14.15(16237)(3) grants the subcommittee discretion to review and revise proposals for decision.”
in Re Joel M Engel Lmsw (Mich. Ct. App. 2019). “Pursuant to MCL 333.16237(3), “[i]n reviewing the recommended findings of fact and conclusions of law of the hearings examiner and the record of the hearing, a disciplinary subcommittee may request the hearings examiner to take additional testimony or evidence on a specific…”
In Re Liza Michelle Barnett Lpn (Mich. Ct. App. 2024). “” MCL 333.16237(1). Under MCL 333.16237(3), “[i]n reviewing the recommended findings of fact and conclusions of law of the hearings examiner and the record of the hearing, a disciplinary subcommittee may request the hearings examiner to take additional testimony or evidence on a…”
in Re Karen Lind Butler Md (Mich. Ct. App. 2017). “” MCL 333.16237(1). Under MCL 333.16237(3), “[i]n reviewing the recommended findings of fact and conclusions of law of the hearings examiner and the record of the hearing, a disciplinary subcommittee may request the hearings examiner to take additional testimony or evidence on a…”
— Mich. Comp. Laws § 333.16237(4) — 15 cases
Dep't of Cmty. Health v. Anderson, 830 N.W.2d 814 (Mich. Ct. App. 2013). “Also, “in cases in which a hearing is required,” as in this case, appellate review includes whether the agency’s final decisions, findings, rulings, and orders “are supported by competent, material and substantial evidence on the whole record.”
Bureau of Prof'l Licensing v. Butler, 915 N.W.2d 734 (Mich. Ct. App. 2017). “" MCL 333.16237(1). "In reviewing the recommended findings of fact and conclusions of law of the hearings examiner and the record of the hearing, a disciplinary subcommittee may request the hearings examiner to take additional testimony or evidence on a specific issue or may…”
Dep't of Consum. & Indus. Servs. v. Greenberg, 586 N.W.2d 560 (Mich. Ct. App. 1998). “MCL 333.16237(3); MSA 14.15(16237)(3) grants the subcommittee discretion to review and revise proposals for decision.”
Morreale v. Dep't of Cmty. Health, 726 N.W.2d 438 (Mich. Ct. App. 2007). “Further, the applicable portion of the Administrative Code provides that “[t]he complaining party shall have the burden of proving, by a preponderance of the evidence, that grounds exist for the imposition of a sanction on a licensee, registrant, or applicant.”
In Re Thomas Mark Prose Md (Mich. Ct. App. 2023).
— Mich. Comp. Laws § 333.16237(5) — 1 case
Dep't of Cmty. Health v. Anderson, 830 N.W.2d 814 (Mich. Ct. App. 2013). “Also, “in cases in which a hearing is required,” as in this case, appellate review includes whether the agency’s final decisions, findings, rulings, and orders “are supported by competent, material and substantial evidence on the whole record.”
— Mich. Comp. Laws § 333.16237(6) — 6 cases
Dep't of Cmty. Health v. Risch, 733 N.W.2d 403 (Mich. Ct. App. 2007). “” MCL 333.16237(6). The PHC is, however, silent regarding the scope of review to be applied in such matters.”
In Re Petition of Atty. Gen. for Investigative Subpoenas, 736 N.W.2d 594 (Mich. Ct. App. 2007). “MCL 333.16237(6). The administrative regulations for investigations and contested case hearings expressly direct that *708 [a]ny member of the department, a board, or task force who takes an active part in the investigatory or allegation process shall not participate in deciding…”
Dep't of Consum. & Indus. Servs. v. Shah, 600 N.W.2d 406 (Mich. Ct. App. 1999). “15(16237)(6), provides: A final decision of a disciplinary subcommittee rendered after the effective date of the amendatory act that added this section but before January 1, 1995 may be appealed only in the manner provided in sections 103 to 106 of the administrative procedures…”
Dept. of Con. & Ind. Svcs. v. Shah, 600 N.W.2d 406 (Mich. Ct. App. 1999).
20221117_C359723_95_359723.Opn.Pdf (Mich. Ct. App. 2022).
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