Mich. Admin. Code R. 325.1915 - Hearing procedures
Rule 15.
(1) This
rule applies to hearings that are required by MCL 333.20162, 333.20165,
333.20166, and 333.20168.
(2) Unless
otherwise provided by the act, the procedures for hearing shall comply with
sections 71 to 92 of 1969 PA 306, MCL 24.271 to 24.292.
(3) If a hearing is required, then the home
or applicant shall be notified in writing of the date, hour, place, and nature
of the hearing. Unless otherwise specified in the notice, the hearing shall be
held at the offices of the department in Lansing, Michigan.
(4) A hearing date shall be scheduled in
accordance with the timeframes set out in MCL 333.20162, 333.20165, 333.20166,
and 333.20168 as follows:
(a) Under MCL
333.20162 and 333.20168, an opportunity for a hearing on a compliance order or
on an emergency order limiting, suspending, or revoking the license of the home
shall be provided to the home within 5 working days of issuance of the
department's order.
(b) Under MCL
333.20165 and 333.20166, the date set for an opportunity for a hearing on a
notice of intent to deny, limit, suspend, or revoke a license shall be at least
30 days from the date of service of the action on the home or
applicant.
(c) The date set for an
opportunity for a hearing on a department order imposing an administrative fine
on a home under MCL 333.20165(1) shall be at least 30 days from the date of
service of the order on the home.
(5) The presiding officer may grant a request
for an adjournment of a hearing for good cause. Unless provided otherwise by
the act or these rules, an adjournment does not suspend the effective date of
the department's order, including the effective date of a compliance order
issued under MCL 333.20162 or an emergency order issued under MCL 333.20168 to
limit, suspend, or revoke a home's license.
(6) Absent an adjournment, a home or
applicant that fails to appear at a contested case hearing after proper service
of notice waives the right to an administrative hearing on the department's
order and any other review to which the home or applicant may be entitled. In
such case, a default shall be entered, and the department's order or notice of
intended action shall become final.
Notes
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