Mich. Admin. Code R. 340.1725e - Administrative law judge; duties and authority

Current through Vol. 22-05, April 1, 2022

Rule 25e.

(1) The administrative law judge has the authority to do all of the following:
(a) Administer oaths and affirmations.
(b) Sign and issue subpoenas requiring the attendance and giving of testimony by witnesses and the production of documents.
(c) Provide for the taking of testimony.
(d) Require a prehearing conference, if appropriate, to consider and take action regarding any of the following:
(i) The formulation and simplification of the issues.
(ii) Admissions of fact and documents that will avoid unnecessary testimony.
(iii) The need and scheduling for the filing of motions, briefs, and dates for further conferences and the hearing.
(iv) Settlement, which may include encouraging the use of mediation or other alternative dispute resolution options.
(v) The filing and disposition of requests or motions.
(vi) Establishing a reasonable limit on the time allowed for presenting evidence.
(vii) Other matters as may facilitate the disposition of the hearing.
(e) Control the conduct of parties or participants in the hearing for the purpose of ensuring an orderly procedure.
(f) Grant a specific extension of time at the request of either party for good cause.
(2) The administrative law judge shall disclose to both parties any relationship of a professional or personal nature that might have a bearing on his or her ability to conduct a fair hearing or render an impartial decision and shall consider motions to disqualify the administrative law judge.
(3) The administrative law judge may admit and consider evidence of a type upon which reasonably prudent persons rely in the conduct of their affairs. The administrative law judge may exclude irrelevant, immaterial, and unduly repetitious evidence. The administrative law judge shall give effect to the rules of privilege recognized by law.
(4) For matters that these rules do not specifically address, R 792.10101 to R 792.10137, R 792.11801 to R 792.11803, the Michigan court rules, and chapter 4 of the administrative procedures act of 1969, 1969 PA 306, MCL 24.271 to 24.288, apply.

Notes

Mich. Admin. Code R. 340.1725e
1987 AACS; 1994 AACS; 2002 AACS; 2020 MR 3, Eff. 2/13/2020

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