state of michigan michigan administrative hearing … · (mcoles) issued a notice of intent to...

STATE OF MICHIGAN MICHIGAN ADMINISTRATIVE HEARING SYSTEM

IN THE MATTER OF: Docket No.: 17-024246

Mark Reiss, Petitioner

v Michigan Commission on Law Enforcement Standards,

Respondent

Case No.: MC0-2017-1

Agency: State Police

Case Type: MCOLES

I

CERTIFICATION OF RECORD

I, Katie Nelson, certify that the attached file is the original record of the Michigan Administrative Hearing System in the above captioned matter, and that said record consists of those entries shown below.

In Witness Whereof, I have hereunto set my hand and caused the Seal of the Michigan Administrative Hearing System to be hereunto affixed this Friday, January 26, 2018.

Date Document

1. 12/12/17 Proposal for decision

2. 12/11/17 Respondent Exhibits 1&2

3. 11/16/17 Notice of Hearing with Proof of Service.

4. 10/30/17 Request for Hearing

KatleNeson ~ Michigan Administrative Hearing System


IN THE MATTER OF:


v

Docket No.: 17-024246


Agency: State Police

Michigan Commission on Law Enforcement Standards,

Case Type: MCOLES

Filing Type: Sanction Respondent

BACKGROUND

I

Issued and entered this /:21iday of December, 2017

by: Erick Williams Administrative Law Judge

PROPOSAL FOR DECISION

This opinion recommends revocation of Mark Reiss' law enforcement officer license.

On October 9, 2017 the Michigan Commission on Law Enforcement Standards (MCOLES) issued a notice of intent to revoke Mark Reiss's law enforcement officer license under MCL 28.609 (12) and summarily suspended his license under MCL 24.292 (2). MCOLES alleges that Mr. Reiss was convicted of health care fraud in violation of MCL 752.1 003(4). MCOLES requested this hearing on October 30, 2017.

A hearing convened on December 11, 2017. John Szczubelek, Assistant Attorney General, represented the Bureau of Professional Licensing. Notice of the hearing was sent to Mr. Reiss at an address in Grand Haven, but Mr. Reiss did not appear at the December 11th hearing, and the hearing continued in his absence under MCL 24.272(1) which reads:

If a party fails to appear in a contested case after proper service of notice, the agency, if no adjournment is granted, may proceed with the hearing and make its decision in the absence of the party.

2015 AACS R 792.10134 reads:

Default judgments

17-024246 Page 2

Rule 134. (1) If a party fails to attend or participate in a scheduled proceeding after a properly served notice, the administrative law judge may conduct the proceedings without participation of the absent party. The administrative law judge may issue a default order or other dispositive order which shall state the grounds for the order.

(2) Within 7 days after service of a default order, the party against whom it was entered may file a written motion requesting the order be vacated. If the party demonstrates good cause for failing to attend a hearing or failing to comply with an order, the administrative law judge may reschedule, rehear, or otherwise reconsider the matter as required to serve the interests of justice and the orderly and prompt conduct of proceedings.

Jurisdiction is under the Michigan Commission on Law Enforcement Standards Act, MCL 28.601 et seq, 1965 PA 203, as amended. Hearings in these cases are governed by the rules of the Michigan Commission on Law Enforcement Standards, 2006 AACS R 28.14101 et seq., the Administrative Procedures Act, MCL 24.271 et seq., and the rules of the Michigan Administrative Hearing System, 2015 AACS R 792.10101 et seq.

APPLICABLE LAW

MCL 28.609 (12) (c) reads:

(12) The commission shall revoke a license granted under this section for any of the following circumstances and shall promulgate rules governing revocations under this subsection: ...

(c) The individual has been subjected to an adjudication of guilt for a violation or attempted violation of a penal law of this state or another jurisdiction that is punishable by imprisonment for more than 1 year.

EXHIBITS

The following exhibits, offered by MCOLES, are admitted in evidence:

Exhibit 1 Exhibit 2

License record Conviction record

FINDINGS OF FACT

Mark Reiss was originally licensed as a Spring Lake-Ferrysburg police officer in August 1986. Exhibit 1.

17-024246 Page 3

On May 25, 2017 in Montcalm County Circuit Court, Mr. Reiss was convicted, after a plea of no contest, on a charge of health care fraud in violation of MCL 752.1003 (4). Exhibit 2.

MCL 752.1003 reads in part:

(1) A person shall not make or present or cause to be made or presented to a health care corporation or health care insurer a claim for payment of health care benefits knowing the claim to be false ....

(4) A person who, having knowledge of the occurrence of an event affecting his or her initial or continued right to receive a health care benefit, or the continued right of any other person on whose behalf he or she has applied for or is receiving a health care benefit, shall not conceal or fail to disclose that event with intent to obtain a health care benefit to which the person or any other person is not entitled, or to obtain a health care benefit in an amount greater than that to which the person or any other person is entitled.

(5) A person who violates this section is guilty of a felony punishable by imprisonment for not more than 4 years, or by a fine of not more than $50,000.00, or both ....

CONCLUSIONS OF LAW

Having been convicted of a crime punishable by imprisonment for longer than one year, Mr. Reiss is subject to disciplinary action under MCL 28.609 (12) (c), and MCOLES is required to revoke his law enforcement officer license.

The summary suspension order remains in effect until further action by MCOLES.

17-024246 Page4

PROPOSED DECISION

Mr. Reiss' law enforcement officer license should be revoked.

NOTICE OF OPPORTUNITY TO VACATE DEFAULT

Pursuant to 2015 AACS R 792.10134 (2), within 7 days after service of this order, the party against whom it was entered may file a written motion requesting the order be vacated. If the party demonstrates good cause for failing to attend the hearing, the administrative law judge may reschedule, rehear, or otherwise reconsider the matter as required to serve the interests of justice and the orderly and prompt conduct of proceedings. All motions must be filed with the Michigan Administrative Hearing System, P.O. Box 30695, Lansing, Michigan 48909-8195, and served on all parties to the proceeding.

EXCEPTIONS

Erick Williams Administrative Law Judge

Pursuant to MCL 24.281 and 2015 AACS R 792.10132, the parties may file exceptions to this proposal for decision within 21 days after the proposal for decision is issued and entered. An opposing party may file a response to exceptions within 14 days after exceptions are filed. All exceptions and responses must be filed with the Michigan Administrative Hearing System, P.O. Box 30695, Lansing, Michigan 48909-8195, and served on all parties to the proceeding.

17-024246 Page 5

PROOF OF SERVICE

I hereby state, to the best of my knowledge, information and belief, that a copy of the foregoing document was served upon all parties and/or attorneys of record in this matter by Inter-Departmental mail to those parties employed by the State of Michigan and by UPS/Next Day Air, facsimile, and/or by mailing same to them via first class mail and/or certified l],?il, return receipt requested, at their respective addresses as disclosed below this /ZI:J day of December, 2017.

John Szczubelek Michigan Department of Attorney General 106 W. Allegan, Ste. 600, P.O. Box 30633 Lansing, Ml 48909

Mark Reiss 15998 Lake Avenue Grand Haven, Ml 49417

Ryan Speidel

m·tu }JW>u} Katie Nelson Michigan Administrative Hearing System

Michigan Commission on Law Enforcement Standards 106 West Allegan, Suite 600 P.O. Box 30633 Lansing, Ml 48909

829 Michiga, :ommission On Law Enforcemen :tandards Page 1 of 1

Last Name: First Name: Middle Name:

AKA:

Date of Birth: SSN: Gender:

MCOLES Number: License Status: Original License Date: Original Activating Agency:

MCOLES Information and Tracking Network Individual Identification Report

REISS MARK

MARK REISS

03/26/1965

XXX-XX-1098

Male

20876

Suspended 08/12/1986

SPRING LAKE-FERRYSBURG POLICE DEPARTMENT

06/13/2017 08:50AM

... " EXHIBIT •

I I

Original · Court 1 st copy - Jail

3rd copy- Defendant 4th copy· Prosecutor , , PAGE 1

Approved, SCAO 2nd copy- Michigan iltate Police CJIC 5th copy · Gun board {if n~:~eded)

STATE OF MICHIGAN JUDGMENT OF SENTENCE

CASE NO,

STS CIRCUIT COURT 1ZJ COMMITMENT TO JAIL 2017 0000022334-FH MONTCALM COUNTY ..

" EXHIBIT ~ 639 N STATE STREET, (989)831-

I 2 STANTON, MI 48888-0296 ORI MI-590025J Police· Report No. 16-613769 THE PEOPLE OF Defendant name, address, and telephone no. m

MARK REISS lXI The State of Michigan 15998 LAKE AVENUE

D GRAND HAVEN, MI

v 616/843-4991

CTNITCN I SID 411601555701

THE COURT FINDS: 1, Defendant was found guilty on 05/25/2017 of the crime(s) as stated below;

Date

CONVICTED BY DISMISSED CRIME Count Plea;icourt '"Gurv BY* 01 NC I I HEALTH CARE FRAUD CCL INF

49417

DOB 03/26/1965

CHARGE CODE(S) MCL Citation/PACC Code

752.10034 • . . .. . .

Insert G for guilty plea, NC for nolo contendere, or Ml for guilty but mentally 111, D for diSmiSSed by court, or NP for dJSOJiSsed by prosecutor/plamtiff •

2. Defendant IZl represented by an attorney: :=.C:;.UR~T":::'A'i'':-:"B"1Ei"NC::<S"ON"-:-:o:=.-;-:-::-:-:-:,--:-;:-,"===-:--:.-:-:-co: Dadvised of right to counsel and appointed counsel and knowingly, intelligently, and voluntarily waived

that right. D 3. Conviction report.able to Secretary of State. •• Defendant's driver's license number is---:-:----:---.,---0 4. Sanctions reportable to State Police. •• DRevoked. 0Suspended days, DRestricted __ days.

·. ,. :· · · -- **{see below)

D 5. HIV testing and sex offender registration is completed. [XJ 6. Defendant has been fingerprinted according to MCL 28.243. D 7. A DNA sample is" already on file with the Michigan State Pollee from a previous case. No assessment is required.

' IT IS ORDERED: ' D 8. Probation Is revoked. D 9, D Deferred statu~ is revoked, D HYT A status is revoked. [XJ 10Defendant is sentenced to jail as follows· D Report at

•· Date Sentence sentenced Credited To Be Served Release Authorized Release Period

Count Begins Mos. Davs Mos. Da s Mos. Davs for the Followina Puroose From To

, Pl. 08/03/2017 60 2 58 D Upon payment of fine and costs DTo work or seek work D For attendance at school D For medical treatment DOther:

-11 Defendant shall pay· tate Minimum Crime ictim I Restitution DNA Assess. Court Costs Attornev Fees Fine Ot er Costs Total

$68.00 I $13o.oo I $60.00 $550.00 . $500,00 $1308.00 The due date for payment ts08/03/2017 , Fme, costs, and fees not patd Wtthm 56 days of the due date are subject to a 20% late penalty on the amount owed, Only the fine and some costs may be satisfied by serving time in jail.

D Defendant shall serve __ days in jail beginning for failure to pay on time.

I

IZl 12. Defendant shall be on probation for _______u months and abide by the terms of probation. !See separate order.)

D 13. Defendant shall complete the following rehabilitative services. D Alcohol HigHway Safety Education DTreatment ( D outpatient, D Inpatient, D residential, D mental health). Specify: "'··' · .- ·

D 14. The vehicle' used in the offense. shall be immobilized or forfeited. (See separate order.) D 15. The concealed,,weapon board shall Dsuspend for __ days· Opermanently revoke

weapon licen~e, permit number , issued by the concealed

----,------ County. _,,,

,.,.

PAGE 2 ,/proved, SCAD

Original • Court 1st copy - Jail 2nd copy- Mlchlgc'. ;'ate Pollee CJIC

3rd copy- Defendant 4th copy - Prosecutor 5th copy • Gun board (it' ;dad)

STATE OF MICHIGAN

8TH CIRCUIT COURT MONTCALM COUNTY

639 N STATE STREET, STANTON, MI 48888-0296

IT IS ORDERED: {continued)

IZl 16. Other:

JUDGMENT OF SENTENCE IZJ COMMITMENT TO JAIL

SUPERVISION FEE $480 PAYABLE TO STATE OF MICHIGAN FINAL 30 DAY JAIL SUSPENDED FOR COMPLIANCE

CASE NO.

2017 0000022334-FH

(989)831-3520

DEF TO REPORT TO JAIL 8/4/2017-SUNDAY 6:00 P.M.

L~~N 08/03/2017 Date

(SEAL) Judge/~e

42238 Bar no.

MC219 (6/16)

SUZANNE HOSETH KREEGER

I certify t:1at I have c;cmpM.:ld this copy with the original on fila in tlm County Cl?.rl\'s ofikc <!nrJ ti1at it is a correct copy of the ';;lK~~" of sucfl orig1n~l. MONTCALM GOl!NrY, MICHIG.l\N

AUG 0 7 2017

MCL 765.15(2), MCL 769.1k, MCL 769.3, MCL 769.16a, JUDGMENT OF SENTENCE/COMMITMENT TO JAIL MCL 776.22, MCL 780.766, MCL 780.826, MCR 6.427

,,


DATE NOTICE MAILED: 11/16/2017

IN THE MATTER OF: Docket No.: 17-024246



v Agency: State Police

Michigan Commission on Law Enforcement Standards,

Case Type: MCOLES

Filing Type: Sanctions Respondent

---------------' NOTICE OF HEARING

You are hereby notified that a formal administrative hearing under the jurisdiction of the 1965 PA 203 has been scheduled before an Administrative Law Judge on:

Date: Time: ALJ: Location:

Issue:

Monday, December 11, 2017 9:00 AM Eastern Time Erick Williams Lansing Hearing Office 611 W. Ottawa (ID Required) Lansing, Ml 48933 Office: (517) 335-2484\ Fax: (517) 373-6235

Petitioner pled nolo contendere to a charge of Health Care Fraud under MCL 750.1 003(4) in People v Mark Reiss, Montcalm County Circuit Court Case No. 2017 22334-FH. Health Care Fraud under MCL 750.1 003(4) is a felony punishable by imprisonment for not more than 4 years or a fine of not more than 50,000, or both. Montcalm County Judge Suzanne Hoseth Kreeger entered a judgement of sentencing in this case on August 3, 2017.

The case will be conducted in accordance with rules and procedures applicable to contested cases as contained in the Administrative Procedures Act, 1969 PA 306, as amended, MCL 24.201 et seq., and the Michigan Administrative Hearing Rules (R 792.10101 - R 792.11903). The Michigan Administrative Hearing Rules apply only to practices and procedures under jurisdiction of the Michigan Administrative Hearing

17-024246 Page 2

System. Rules governing case practices and procedures outside the jurisdiction of the Michigan Hearing System may be found elsewhere in the Michigan Administrative Code.

All pleadings and motions shall be filed with the Michigan Administrative Hearing System at the hearing location listed above. If the hearing location is Grand Rapids, please use the following mailing address for all pleadings and motions: Michigan Administrative Hearing System, P.O. Box 30695, Lansing, Ml 48933; or by facsimile at (517) 373-6235. You must send a copy of everything you file to the opposing party as listed on the proof of service accompanying this Notice.

If the opposing party files a motion, you must respond within seven days after you receive it, unless the Administrative Law Judge sets a different time for response.

You are further notified that you may be represented by an attorney or representative; law permitting, at the hearing. You may present evidence or call witnesses. If you wish to offer any document(s) into evidence at the hearing, you must bring the document to introduce into the record, your own copy, and a copy for the opposing party. The Michigan Administrative Hearing System is not responsible for photocopying your documents.

In the event that you fail to appear at the hearing as scheduled, a default judgment or decision may be entered against you pursuant to the Administrative Procedures Act.

All hearings are conducted in a barrier free location and are in compliance with the 1990 Americans with Disabilities Act. A disabled individual requiring accommodation for effective participation in a hearing, including accessible documentation, should call the Michigan Administrative Hearing System at: (517) 335-2484 to make arrangements. Pursuant to R 792.1011 (c), if accessibility is requested (i.e. braille, large print, electronic or audio reader), information which is to be made accessible must be submitted to the hearing system at least 14 business days before the hearing. If the hearing system is unable to accomplish conversion prior to the date of hearing, an adjournment shall be granted. If a party fails to provide information for conversion pursuant to this rule, the administrative law judge has discretion to deny adjournment.

All hearing attendees must present picture identification to gain access to State Office Buildings. Failure to present picture identification will result in denial of access.

17-024246 Page 3

PROOF OF SERVICE

I hereby state, to the best of my knowledge, information and belief, that a copy of the foregoing document was served upon all parties and/or attorneys of record in this matter by Inter-Departmental mail to those parties employed by the State of Michigan and by UPS/Next Day Air, facsimile, and/or by mailing same to them via first class mail and/or certified mail, return receipt requested, at their respective addresses as disclosed below this 16th day of November, 2017.

John Szczubelek Michigan Department of Attorney General 106 W. Allegan, Ste. 600, P.O. Box 30633 Lansing, Ml 48909

Mark Reiss 15998 Lake Avenue Grand Haven, Ml 49417

Ryan Speidel

Jackie Peoples Michigan Administrative Hearing System

Michigan Commission on Law Enforcement Standards 106 West Allegan, Suite 600 P.O. Box 30633 Lansing, Ml48909

,. REQUEST FOR HEARING i ) )

' RJi~(Jt~l V EU 1. IN THE MATTER OF

Mark Reiss [~=T~~ :o11 ( v MICHIGAt4 11DMINIS'fRATIVE

HEARING SYSTEM

Michigan Commission on Law Enforcement Standards

2. iSSUE

Petitioner pleaded nolo contendere to a charge of Health Care Fraud under MCL 750.1 003( 4) in People v Mark Reiss, Montcalm County Circuit Court Case No. 2017 22334-FH. Health Care Fraud under MCL 750.1 003( 4) is a felony punishable by imprisonment for not more than 4 years or a fine of not more than $50,000.00, or both. Montcalm County Judge Suzanne Hoseth Kreeger entered a judgement of sentencing in this case on August 3, 2017. 3. IN ITIAT!NG AGENCY'S FILE NUMBER

MC0-2017-1 5. AGENCY

Michigan Commission on Law Enforcement Standards

7. ACT/ CODE OF LAW

Act 203, P.A. 1965, as amended B. PROVISION OF LAW

MCL 28.609(12) 9. CHAPTER/ SECTION OF LAW

Section 9(12)(c) 10. CASE TYPE

Sanctions

112. GEOGRAPHICAL AREA

13. PREPARED BY

Ryan Speidel

15. COMMENTS

Rev.201117

PHONE NUMBER

(517) 322-5627

4a. STATUTORY START DATE 4b. DAYS ALLOWED

6. DIVISION

11. CASE SUB-TYPE

License Revocation

FAX NUMBER DATE PREPARED

(517) 322-5611 October 25, 2017

_]

PERSONS INVOT VED WITH THE REQUEST F0~ HEARING I

1.1N THE MATIER OF 2. AGENCY FILE NUMBER 3. MAHS DOCKET NUMBER

Kraig Eugene Mitchell MC0-2017-03

v Michigan Commission on Law Enforcement Standards

4. CHECK ONE (X) R Petitioner 2<:: Respondent 1---- Intervenor If ll Depa11ment Petitioner Attorney Respondent Attorney Intervenor Attorney n Petitioner Non~Attorney r- Respondent Non~Attorney 1---- Intervenor NonRAttorney

5. NAME

Ryan Speidel 6. FIRM

Michigan Commission on Law Enforcement Standards (MCOLES) 7. ON BEHALF OF

MCOLES 8. STREET ADDRESS I P.O. BOX

106 West Allegan Suite 600 P.O Box 30633 9. CITY ~~STATE 1.11. ZIP CODE 12. PHONE 13. FAX

Lansing 48909 \(517) 322-5627 (517) 322-6439

4. CHECK ONE (X) R Petitioner n Respondent n Intervenor fl ·11 Department Petitioner Attorney 1:2:] Respondent Attorney 8 Intervenor Attorney Petitioner NonRAttomey n Respondent NonRAttorney Intervenor NonRAttorney

5. NAME

John Szczubelek 6. FIRM

Michigan Department of Attorney General 7. ON BEHALF OF

MCOLES 8. STREET ADDRESS I P.O. BOX

106 W. Allegan Suite 600 P.O. Box 30633 9. CITY j;o. STATE 111. ZIP CODE 12. PHONE 13. FAX

Lansing MI 48909 (517) 322-5435 517) 322-6439 4. CHECK ONE (X) IX1 Petitioner .0 Respondent n Intervenor Jl II Department n Petitioner Attorney

__ H _ Petitioner Non-Attomey _D Respondent Attorney n Respondent Non-Attomey

n Intervenor Attorney H Intervenor Non-Attorney

5. Name

Mark Reiss 6. FIRM

7. ON BEHALF OF

B. STREET ADDRESS I P.O. BOX

115998 Lake Avenue 9. CITY j;o. STATE 111.ZIPCOOE 12. PHONE 13. FAX

Grand Haven MI 49417-4. CHECK ONE (X) D Petitioner D Respondent D Intervenor D Department

D Petitioner Attorney D Respondent Attorney D Intervenor Attorney

D Petitioner Non-Attorney D Respondent Non-Attorney D Intervenor Non-Attorney 5. NAME

6. FIRM

7. ON BEHALF OF

8. STREET ADDRESS I P.O. BOX

9.CITY l10. STATE 111.ZIPCOOE 12. PHONE 13. FAX

Original • Court 1st copy • Jail

3rd copy- Defendant 4th copy- Prosecutor PAGE 1

Approved, SCAO 2nd copy- Michigan State Police CJIC 5th copy· Gun board (if needed}

STATE OF MICHIGAN

8TH CIRCUIT COURT

MONTCALM COUNTY

639 N STATE STREET, STANTON, MI 48888-0296

ORI MI-590025J Pollee· Report No. 16-613769

JUDGMENT OF SENTENCE IZ]COMMITMENT TO JAIL

CASE NO.

2017 0000022334-FH

(989)831-3520

THE PEOPLE OF Defendant name, address, and telephone no.

IZ] The State of Michigan

0

THE COURT FINDS:

MARK REISS 15998 LAKE AVENUE GRAND HAVEN, MI 49417

v 616/843-4991

CTNfTCN I SID 411601555701

1. Defendant was found guilty on 05/25/2017 of the crime(s) as stated below: Date

CONVICTED BY DISMISSED CRIME Count Plea:icourt "Gurv BY*

I DOB

03/26/1965

CHARGE CODE(S) MCL Citation/PACC Code

01 NC I I HEALTH CARE FRAUD CCL INF 752.10034 • . . . Insert G for guilty plea, NC for nolo contendere, or Ml for guilty but mentally 111, 0 for du:;mu~sed by court, or NP for diSmissed by prosecutor/plaintiff .

2. Defendant IZl represented by an attorney: CURT A. BENSON 0 advised of right to co u n sel a '='nd¥:a:Cp p-:!:o"ii'="nt::':e':idf"cC:o><u'=n-=-se:;l-::a::::n-:;d'k::n-::o-::w7i n"'g:;ly:-:,"""'i'="n"'te'"ll"'i g::e-::n-::;tl:-:y .-a::-:n::d;-v:-:o:;:l u nta rily waived

that right. 0 3. Conviction repor(.able to Secretary of State. •• Defendant's driver's license number is-:-:-:-;---.,---0 4. Sanctions repori~,bl,e to State Police.** 0 Revoked. 0 Suspended __ days. 0 Restricted __ days.

**(see below) 0 5. HIV iesting and sex offender registration is completed. [ZJ 6. Defendant has been fingerprinted according to MCL 28.243. 0 7. A DNA sample is!' already on file with the Michigan State Police from a previous case. No assessment is required.

IT IS ORDERED: . '' 0 8. Probation is revoked. 0 9. ODeferred statu~ is revoked. OHYTA status is revoked. IX! 1 ODefendant is sentenced to jail as follows· 0 Report at

. !·

Date Sentence sentenced Credited To Be Served Release Authorized Release Period Count Beains Mos. Davs Mos. Davs Mos. Davs for the Followino Purpose From To

, Pl. 08/03/2017 60 2 58 0 Upon payment of fine and costs OTo work or seek work 0 For attendance at school 0 For medical treatment OOther:

.11 . Defenda~t shall pay: t>tate Minimum Cnme ictlm Restitution DNA Assess. Court Costs Attorne Fees t Fine Other Costs Total

~es.oo I $13o.oo I $6o.oo $55o.oo . I 1$5oo.oo I ·1s13os.oo The due date for payment isOS/03/2017 . Fine, costs, and fees not paid within 56 days of the due date are subject to a 20% late penalty on the amount owed. Only the fine and sorne costs may be satisfied by serving time in jail.

0 Defendant shall serve __ days in jail beginning for failure to pay on time. IZl 12. Defendant shall lie on probation for ____11 months and abide by the terms of probation. (See separate order.) 0 13 .. Defendant shall complete the following rehabilitative services .

. · OAicohol HigHway Safety Education 0Treatment ( Ooutpatient, Oinpatient, Oresidential, Omental health). SpeCify: . '''" · . . ·

0 14. The vehicle used in the offense shall be immobilized or forfeited. !See separate order.) D 15. The concealed,,weapon board shall Osuspend for __ days· Opermanently revoke the concealed

weapon licen~~' permit number , issued by --------- County.

., !!VJ 1LAJt.L::,::;;:;;

(SEE NEXT PAGE) , ~Ul.j • 0 )l!lr' Me 219 (6/16) JUDGMENT OF SENTENC'E/COMMITM~NT TO JAIL

MCL 766.16(2), MCL 769.1 k, MCL 769.3, MCL 769.16a, MCL 775.22, MCL 780.766, MCL 780.826, MCR 6.427

// ;l Orlglnal -Court

1 st copy - Jail 3rd copy~ Defendant 4th copy- Prosecutor PAGE 2 1,1

/I ~r~proved, SCAD 2nd copy~ Michigan State Police CJIC 6th copy- Gun board (if needed)

I'

STATE OF MICHIGAN 8TH CIRCUIT COURT MO!ITCALM COU!ITY

639 II STATE STREET, STA!ITO!I, MI 48888-0296

IT IS ORDERED: (continued)

I&] 16. Other:

JUDGMENT OF SENTENCE I&] COMMITMENT TO JAIL

SUPERVISION FEE $480 PAYABLE TO STATE OF MICHIGAN FINAL 30 DAY JAIL SUSPENDED FOR COMPLIANCE

CASE NO. 2017 0000022334-FH

(989)831-3520

DEF TO REPORT TO JAIL 8/4/2017-SUNDAY 6:00 P.M.

-L~~iJ 08/03/2017 Date

(SEAL) Judge/~e

42238 Bar no.

MC 219 (6/16]

SUZANNE HOSETH KREEGER

I certifyt:lat llmvr. ccmp3md this copywi'JJ the original on file in tile County Cl:::rlt's office and thai it Is 11 correct copy of the Yihc~~ of such origmol. MONTCALM COUNTY, MICHIGAN

AUG 0 1 2017

MCL 765.15(2), MCL 769.1k, MCL 769.3, MCL 769.16a, JUDGMENT OF SENTENCE/COMMITMENT TO JAIL MCL 776.22, MCL 780.766, MCL 780.826, MCR 6.427

THE HEALTH CARE FALSE CLAIM ACT (EXCERPT) Act 323 of 1984

752.1003 False claims, statements, or representations; violation as separate offense; liability of health facility or agency; concealing or failing to disclose certain events; violation of section as felony; penalty; section inapplicable to application for coverage. Sec. 3. (I) A person shall not make or present or cause to be made or presented to a health care corporation

or health care insurer a claim for payment of health care benefits knowing the claim to be false. (2) A person shall not make or present or cause to be made or presented to a health care corporation or

health care insurer a claim for payment of health care benefits which he or she knows falsely represents that the goods or services were medically necessary in accordance with professionally accepted standards. Each claim which violates this subsection shall constitute a separate offense. A health facility or agency shall not be liable under this subsection unless the health facility or agency, pursuant to a conspiracy, combination, or collusion with a physician or other provider, falsely represents the medical necessity of the particular goods or services for which the claim was made.

(3) A person shall not knowingly make or cause to be made a false statement or false representation of a material fact to a health care corporation or health care insurer for use in determining rights to health care benefits. Each claim which violates this subsection shall constitute a separate violation.

(4) A person who, having knowledge of the occurrence of an event affecting his or her initial or continued right to receive a health care benefit, or the continued right of any other person on whose behalf he or she has applied for or is receiving a health care benefit, shall not conceal or fail to disclose that event with intent to obtain a health care benefit to which the person or any other person is not entitled, or to obtain a health care benefit in an amount greater than that to which the person or any other person is entitled.

(5) A person who violates this section is guilty of a felony punishable by imprisonment for not more than 4 years, or by a fine of not more than $50,000.00, or both.

( 6) This section does not apply to statements made on an application for coverage under a certificate or policy of insurance issued by a health care insurer or coverage under a certificate issued by a health care corporation.

History: 1984, Act 323, Eff. Mar. 29, 1985.

Rendered Monday, June 12,2017

© Legislative Council, State of Michigan

Page 1 Michigan Compiled Laws Complete Through PA 41 of 2017

Courtesy of www.legislature.mi.gov

829 Page 1 of 1

Last Name: First Name: Middle Name:

AKA:

Date of Birth: SSN: Gender:

MCOLES Number: License Status: Original License Date:

Michigan G. 1m iss ion On Law EnforcementS · dards MCOLES Information and Tracking Network

Individual Identification Report

REISS

MARK

MARK REISS

03/26/1965 XXX:-XX-1 098 Male

20876 Suspended 08/12/1986

Original Activating Agency: SPRING LAKE-FERRYSBURG POLICE DEPARTMENT

06/13/2017 08:50AM

COL~S Michigan Commission on Law Enforcemen~ S~andards

ORDER OF SUMMARY SUSPENSION AND NOTICE OF INTENT TO REVOKE LAW ENFORCEMENT OFFICER LICENSE

Date of Service by First Class Mail: October 9, 2017

To: Mark Reiss License#: 20876

Under the authority of section 92(2) of 1969 PA 306 and 1999 AC, R 28.14604, the Michigan Commission on Law Enforcement Standards finds that the public health, safety and welfare require suspension of your law enforcement officer license, as of the date of service of this Notice by first class mail.

Under the authority of section 9(12)(c) of1965 PA 203, as amended, and 1999 AC, R 14604, the Michigan Commission on Law Enforcement Standards will commence license revocation proceedings. You will receive a notice of hearing for the proceedings. Your license shall remain suspended pending completion of the proceedings.

You have the opportunity to show compliance with all lawful requirements for retention of the license, as provided in section 92(1) of 1969 PA 306, and may request a compliance conference by sending a written request within fourteen calendar days of the date of service specified in this Notice. The request must be sent to: Hermina Kramp, Acting Executive Director, Michigan Commission on Law Enforcement Standards, 106 W. Allegan St., Ste. 600, P.O. Box 30633 Lansing, MI 48909.

Documents, relevant statutes, and relevant administrative rules are attached to this Notice.

FACTS

1. You are, or were, licensed as a law enforcement officer under 1965 PA 203, as amended.

2. You were subjected to an adjudication of guilt for a violation or attempted violation of a penal law of this state or another jurisdiction that is punishable by imprisonment£ more than 1 year, as described in section 9(12)(c) 1965 PA 203, as amended.

Date: October 9, 2017

Section 92 of 1969 PA 306

(1) Before the commencement of proceedings for suspension, revocation, annulment, withdrawal, recall, cancellation or amendment of a license, an agency shall give notice, personally or by mail, to the licensee offacts Ol' conduct which warrant the intended action. Except as otherwise provided in the support and parenting time enforcement act, Act No. 295 of the Public Acts of 1982, being sections 552.601 to 552.650 of the Michigan Compiled Laws, or the regulated occupations support enforcement act, the licensee shall be given an opportunity to show compliance with all lawful requirements for retention of the license.

(2) If the agency finds that the public health, safety m· welfare requires emergency action and incorporates this finding in its order, summary suspension of a license may be ordm·ed effective on the date specified in the order or on service of a certified copy of the ordm· on the licensee, whichever is later, and effective during the proceedings. The proceedings shall be promptly commenced and detm·mined.

Section 9(12)(c) of 1965 PA 203, as amended

(12) The commission shall revoke a license granted under this section for any of the following circumstances and shall promulgate rules governing revocations under this subsection:

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(c) The individual has been subjected to an adjudication of guilt for a violation or attempted violation of a penal law of this state or another jurisdiction that is punishable by imprisonment for more than 1 year.

1999 AC. R 28.14604

(1) If an investigation discloses that a licensed person was convicted of an offense defined in MCL 28.602(!), an order of summary suspension and notice of intent to revoke shall immediately issue. A hearing shall be conducted under the provisions chapters 4 and 5 of the administrative procedures act of 1969, MCL 24.271 to 24.291, and as provided in part 7 of these rules. A certified copy of the order of conviction shall be evidence of a felony conviction.

(2) If the hearing held under subrule (1) of this rule substantiates that the licensed person was convicted of an offense defined in MCL 602 (f), the commission shall revoke the license of a law enforcement officer.

(3) Upon notification of a final decision of license revocation, the person shall return the license immediately to the commission.

( 4) A person who has had a license revoked under this rule shall not be eligible to reapply for a license as long as the felony conviction stands. For the pUTpose of these rules, set aside or expunged records are considered the same as a conviction.

PROOF OF SERVICE

I, Ryan Speidel, served an Order of Summary Suspension and Notice of

Intent to Revoke Law Enforcement License on Mark Reis, License No. 20876,

by placing the Notice in first class mail, with postage affixed, addressed as

follows:

Date: