Administrative judge upholds state suspension of barber's license
Karl Manke has said he reopened his barbershop earlier this month because he could no longer afford to stay closed.
But the Michigan Department of Licensing and Regulatory Affairs suspended Manke’s license citing a “threat to public health.”
During the two day hearing this week, Michigan's chief medical officer has testified against a barber who has refused to keep his shop closed in compliance with the state's coronavirus restrictions. Dr. Joneigh Khaldun said during a hearing Wednesday that Karl Manke's shop in Owosso is an "imminent threat" to public health.
Manke has become a hero to critics of Governor Gretchen Whitmer’s executive orders intended to slow the spread of COVID-19.
___________________________________/ Issued and entered this 27th day of May 2020 by Stephen B. Goldstein Administrative Law Judge ORDER CONTINUING SUMMARY SUSPENSION This matter is before the undersigned Administrative Law Judge (ALJ) pursuant to Section 505 of the Occupational Code, 1980 PA 299, as amended, MCL 339.101 et seq.; MCL 339.505, and Section 92 of the Administrative Procedures Act (APA), MCL 24.292(2). On May 12, 2020, the Michigan Department of Licensing and Regulatory Affairs, Bureau of Professional Licensing (Petitioner), issued a Formal Complaint and Order of Summary Suspension concerning Respondent’s license to practice or operate as a barber in the state of Michigan. On May 15, 2020, Respondent filed a Petition for Dissolution of Summary Suspension. The matter was forwarded to the Michigan Office of Administrative Hearings and Rules to schedule an emergency hearing before an Administrative Law Judge to determine whether the public health, safety, or welfare requires emergency action and a continuation of the Order of Summary Suspension. The emergency summary suspension hearing was held on May 26, 2020 and May 27, 2020. After considering the evidence presented at the emergency hearing, the undersigned Administrative Law Judge hereby finds and orders the following: ? Petitioner has demonstrated, by a preponderance of the evidence presented to date, that there currently exists an imminent threat to the public health, safety and welfare which requires emergency action and a continuation of the summary suspension order. Therefore, the Order of Summary Suspension issued on May 12, 2020, shall be and is hereby CONTINUED. ? Respondent’s license to practice or operate as a barber in the state of Michigan shall continue to be suspended until further order of the Department and/or Board of Barber Examiners. ? The contested case hearing on the merits of the pending Formal Complaint shall proceed as separately scheduled on July 15, 2020. IT IS SO ORDERED.