Mich. Admin. Code R. 37.12 - Hearing

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

Rule 12.

(1) Upon or after the issuance and service of a charge, the commission or director may schedule and summon the parties to a hearing thereon. The commission may at any time schedule and conduct a hearing with respect to any matter which in the judgment of the commission may involve unlawful discrimination and may warrant investigation by the commission, regardless of whether a charge or a complaint therefor shall have been filed by or with the department.
(2) Notice of the time and place of the hearing shall be mailed or delivered to the parties not less than 20 days prior to the date of the hearing. Upon good cause shown, the commission or director may order a hearing upon shorter notice. However, notice of the time and place of hearing shall be mailed or delivered to the parties not less than 7 days prior to the date of the hearing, unless such notice is waived by each party.
(3) A hearing shall be conducted by 1 or more hearing commissioners, or 1 or more hearing referees, or any combination of hearing commissioners or referees, which hearing commissioners or referees shall hear the evidence and report thereon to the commission.
(4) Unless waived by the hearing commissioners or the hearing referees, the claimant shall be present at the hearing. The respondent may appear at the hearing in person or by counsel, examine and cross-examine witnesses and, if an answer has been filed, may submit oral testimony and other evidence in support of the answer.
(5) Hearings shall be held at a place designated by the commission or director having due regard for the convenience of the parties and witnesses.
(6) The case in support of the charge shall be presented at the hearing by the department's counsel or by a member of the department's staff, or upon notice from claimant, by the claimant or his or her counsel, subject, however, to the right of the department to present other or additional evidence or argument.
(7) Hearing commissioners or referees shall have full authority to control the procedure of the hearing, to admit or exclude testimony or other evidence without regard to strict rules of evidence, and to rule upon all motions and objections:
(a) On their own motion, or at the request of a party, the hearing commissioners or referees shall order witnesses excluded so that they cannot hear the testimony of other witnesses. The hearing commissioners or referees shall not exclude a party, an individual designated by a party as its representative, or a person whose presence is shown by a party to be essential to the party's presentation of his or her position.
(b) Hearing commissioners or referees may examine witnesses and direct the production of papers or other evidence.
(c) Oral testimony shall be given under oath or affirmation and verbatim stenographic notes of the hearing shall be made and kept by a competent reporter. Transcripts shall be kept and, prior to the issuance of a final order, shall be available to the commissioners and hearing referees; parties may obtain transcripts by making suitable arrangements with the reporters, and the department shall not be responsible for providing transcripts to the parties prior to issuance of final orders.
(d) Where hearings are conducted by 3 or more commissioners or referees, all rulings and determinations shall be made by majority rule.
(e) Evidence of the department's endeavors at conciliation shall not be admissible at the hearing.
(8) Hearing commissioners or referees or a party may request a prehearing conference which the hearing commissioner or referee may schedule, subject to objection by any party. Such prehearing conference may be held to obtain admissions, stipulations as to fact and law, agreement on the issues, and to determine the authenticity of documents.

Written stipulations may be introduced in evidence if signed by each person sought to be bound thereby, or by his or her counsel. Oral stipulations may be made on the record at open hearing.

(9) Hearing commissioners or referees may continue a hearing from day to day or adjourn it to a later date or to a different place by announcement thereof at the hearing or by appropriate notice to all parties.
(10) Hearing commissioners or referees shall permit the parties or their counsel or the member of the department's staff presenting the case in support of the charge, and may permit interveners, to argue orally before them and to file briefs within such time limits as the hearing commissioners or referees may determine.
(11) Hearing commissioners or referees may exclude from the hearing room or from further participation in the proceeding any person who engages in improper conduct before them, except a party, his or her counsel, or a witness engaged in testifying, each of whom shall be subject to appropriate disciplinary action by the commission.
(12) Hearings shall be open to the public, unless the commission or referee shall otherwise determine.
(13) Any motion filed by a party subsequent to the issuance of a charge and prior to hearing shall be referred to the hearing commissioners or referees for decision. The hearing commissioners or referees may request briefs or schedule oral arguments, or both, as they deem necessary and, where appropriate, they may reserve their ruling until the conclusion of the hearing. All rulings upon motions shall be included in the report of the hearing commissioners or referees to the commission.
(14) A party may submit, or the hearing commissioners or referees may request, proposed findings of fact, proposed conclusions of law, and proposed orders at the conclusion of the hearing. All such proposals shall be submitted to the commission with the report of the hearing commissioners or referees.

Notes

Mich. Admin. Code R. 37.12
1979 AC

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