Mich. Admin. Code R. 125.214 - Debarment procedures
Current through Register Vol. 21-17, October 1, 2021
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Rule 214. (1) Debarment procedures shall be initiated by an authorized officer of the authority. Procedures shall commence with the sending of a notice of debarment to the respondent.
(2) A notice of debarment shall be sent to each respondent and shall contain all of the following information:
(a) That debarment is being proposed.
(b) The acts or omissions that are the grounds upon which debarment shall be based.
(c) The particular provisions of laws, regulations, rules, and program requirements involved.
(d) The time, location, and nature of the hearing.
(e) The potential effects of debarment.
(3) A respondent who receives a notice of debarment shall be entitled to a hearing on the issue. The hearing will be conducted in accordance with the provisions of Act No. 306 of the Public Acts of 1969, as amended, being S24.201 et seq. of the Michigan Compiled Laws, which shall govern all of the following:
(a) Choice and authority of hearing officers.
(b) Rules of conduct and evidence for hearing.
(c) Decisions of hearing officers.
(d) Burdens or levels of proof required.
(e) Rights of administrative and judicial appeal.
(4) If the authority official who is to make the final decision has not heard the contested case or read the record, the decision, if adverse to the respondent, shall not be made until a written proposal for decision has been sent to all parties. Any party who is adversely affected shall have 10 days to file written exceptions and arguments. If written exceptions or arguments are not submitted within 10 days, there shall be no further proceedings before the issuance of a final decision.
(5) The final decision of the authority shall be issued within 60 days after the date of the hearing or, if a proposal for decision is required pursuant to the provisions of subrule (4) of this rule, within 60 days of the closing date for submission of written exceptions to the proposal for decision, whichever is later.
History: 1991 AACS.