Mich. Admin. Code R. 29.410c - Disciplinary hearing procedure
Rule 10c.
(1)
Council members shall be given the opportunity to review the documentation
submitted before proceeding with the disciplinary hearing.
(2) The state fire marshal, or his or her
designee, shall present an opening statement and relevant information of the
investigative findings to the council, which shall not exceed 20 minutes,
including the calling of witnesses.
(3) The individual appealing a disciplinary
decision shall present his or her opening statement and relevant information,
which shall not exceed 20 minutes, including the calling of
witnesses.
(4) Council members may
question the individual, witnesses, and the state fire marshal or his or her
designee, if further clarification is needed.
(5) The state fire marshal, or his or her
designee, shall have 5 minutes to present a summary of the reasons for
recommending the suspension or revocation of 1 or more of the individual's
certifications.
(6) The individual
shall have 5 minutes to present a summary of the reasons why the recommendation
for suspension or revocation is unsubstantiated.
(7) The chairperson shall ask all witnesses,
the individual, and the individual's legal counsel to exit the closed session,
if applicable.
(8) The council shall
deliberate to determine if the allegation or allegations against the individual
are substantiated or unsubstantiated.
(a) A
substantiated allegation or allegations shall result in the suspension or
revocation of 1 or more of an individual's certifications, which shall be
determined by council.
(b) An
unsubstantiated allegation or allegations shall result in the dismissal of the
allegation or allegations against the individual.
(c) After the final decision is reached, the
council chairperson shall make a motion to adjourn the closed
session.
(d) All documentation
distributed to the council during the closed session of the disciplinary
hearing regarding the investigation shall be collected by the state fire
marshal, or his or her designee, to be disposed of pursuant to the state's
document retention schedule.
Notes
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