Rule 9.222. Further Investigation; the “28-day letter”

(A) Before filing a complaint, the commission must give written notice to the respondent who is the subject of a request for investigation. The purpose of the notice is to afford the respondent an opportunity to apprise the commission, in writing within 28 days, of such matters as the respondent may choose, including information about the factual aspects of the allegations and other relevant issues. The notice shall specify the allegations and may include the date of the conduct, the location where the conduct occurred, and the name of the case or identification of the court proceeding relating to the conduct. The respondent shall sign the response and that signature shall serve as the respondent’s attestation as to the veracity of the respondent’s response.

(1) For good cause shown, the commission or its chairperson may grant a reasonable extension of the 28-day period.

(2) The Supreme Court may shorten the time periods prescribed in this and other provisions of this subchapter at its own initiative or at the request of the commission.

(B) In the commission’s discretion, it may issue a “28-day letter” without having first requested the respondent’s comments pursuant to MCR 9.221(B).

(C) The commission may continue to investigate until it issues a complaint, at which point the disciplinary counsel may continue investigating as needed.

(D) If a respondent requests in response to a written notice from the commission under this rule, the commission may offer the respondent an opportunity to appear informally before the commission to present such information as the respondent may choose, including information about the factual aspects of the allegations and other relevant issues.