Mich. Admin. Code R. 257.310 - Conduct of hearings; witnesses; rules of evidence; official notice; burden of proof
Rule 10.
(1) A
hearing is open to the public unless the hearing officer orders
otherwise.
(2) The hearing officer
may call or recall witnesses and question witnesses regarding any matter
pertinent to the case.
(3) The
hearing officer has an affirmative duty to assist a party appearing at a
hearing who is not represented by an attorney in presenting a case to properly
develop a complete record. To fulfill the duty, the hearing officer may
question witnesses or assist with the introduction of documents into evidence,
or both.
(4) A hearing officer
shall follow the rules of evidence as applied in circuit court so far as
practicable, but the hearing officer may admit, and give probative value to,
evidence of a type that is commonly relied upon by reasonably prudent persons
in the conduct of their affairs.
(5) A hearing officer may exclude irrelevant,
immaterial, or unduly repetitious evidence.
(6) The hearing officer may require or allow
a party to present additional evidence on an issue within a specified period of
time.
(7) A hearing officer may
take official notice of facts and may take notice of general, technical, or
scientific facts within the department's specialized knowledge.
(8) The petitioner shall have the burden of
proof at an appeal hearing and on an affirmative defense at an implied consent
hearing.
(9) The police officer
party shall have the burden of proof at an implied consent hearing, except as
provided in subrule (8) of this rule.
(10) Unless otherwise provided in the act or
these rules, the standard of proof at a hearing is a preponderance of the
evidence.
(11) At the written
request of a petitioner, and with the approval of the administrator, the
division may conduct an appeal hearing through a review of written proofs
submitted by the petitioner. The petitioner need not be present for a review of
written proofs.
(12) Except for
implied consent hearings and appeal hearings involving a review of a
determination of the department that results in a denial or revocation under
section 303(1)(d),(e), or (f) or (2)(c), (d), (e), or (f) of the act, a hearing
officer shall limit a hearing to a review of the record.
Notes
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