Mich. Admin. Code R. 125.1021 - Finding of invalidity; complainant rights

Rule 21. Within 20 business days of the date of the notice of invalidity, the complainant may elect 1 of the following alternatives:

(a) The complainant may accept the findings. If the authorized agent receives no communication from the complainant within that time frame, it will be presumed that the complainant accepts the findings and the file shall be closed.

(b) The complainant may provide additional information. If the additional information challenges the finding of invalidity, the complaint shall be processed pursuant to R 125.1018(2).

(c) A complainant may contest the finding of invalidity and may request a formal hearing to determine the validity or invalidity of the complaint. If the complainant requests a formal hearing, all of the following procedures shall be followed:

(i) Upon receipt of a request for hearing by the complainant, the authorized agent shall notify the office of hearings of the request and the presiding officer will arrange a hearing date and prepare notices to all parties and the authorized agent, without undue delay.

(ii) The hearing shall be conducted pursuant to chapter 4 of Act No. 306 of the Public Acts of 1969, as amended, being S24.271 et seq. of the Michigan Compiled Laws; R 125.1004, R 125.1005, R 125.1006, R 125.1008, R 125.1009, R 125.1010, and R 125.1011; and a report issued pursuant to R 125.1012.

(iii) All parties shall be informed of the board's decision. If the board determines the complaint to be valid and that a violation exists, the complaint shall be processed pursuant to R 125.1019. If the board determines that there is not a violation and that the complaint is invalid, the file shall be closed. If appropriate, a referral shall be made to another agency if the board lacks jurisdiction.

Notes

Mich. Admin. Code R. 125.1021

1988 AACS.