Administrative judge upholds state suspension of barber's license | Michigan Radio

Administrative judge upholds state suspension of barber's license

May 28, 2020

Karl Manke trimming a customer's hair in his Owosso barbershop
Credit steve carmody / Michigan Radio

An administrative judge has upheld the state’s decision to suspend the license of an Owosso barber who has openly violated Michigan’s ‘Stay at Home’ order.

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 enteredthis 27th day of May 2020by Stephen B. GoldsteinAdministrative Law Judge ORDER CONTINUING SUMMARY SUSPENSION This matter is before the undersigned Administrative Law Judge (ALJ) pursuant toSection 505 of the Occupational Code, 1980 PA 299, as amended, MCL 339.101 etseq.; MCL 339.505, and Section 92 of the Administrative Procedures Act (APA), MCL24.292(2).On May 12, 2020, the Michigan Department of Licensing and Regulatory Affairs, Bureauof Professional Licensing (Petitioner), issued a Formal Complaint and Order ofSummary Suspension concerning Respondent’s license to practice or operate as abarber 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 Rulesto schedule an emergency hearing before an Administrative Law Judge to determinewhether the public health, safety, or welfare requires emergency action and acontinuation 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 undersignedAdministrative Law Judge hereby finds and orders the following: Petitioner has demonstrated, by a preponderance of the evidence presented todate, that there currently exists an imminent threat to the public health, safetyand welfare which requires emergency action and a continuation of the summarysuspension order. Therefore, the Order of Summary Suspension issued on May12, 2020, shall be and is hereby CONTINUED. Respondent’s license to practice or operate as a barber in thestate of Michigan shall continue to be suspended until further order of theDepartment and/or Board of Barber Examiners. The contested case hearing on the merits of the pending Formal Complaint shallproceed as separately scheduled on July 15, 2020.IT IS SO ORDERED.