Mich. Admin. Code R. 37.16 - Order issued after hearing
Current through Vol. 22-05, April 1, 2022
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Rule 16. (1) An order of the commission issued after hearing shall set forth the findings of fact and the basis for its decision. Following a hearing conducted under R 37.12, and prior to a final order, the commission shall transmit to the parties a copy of the report of the hearing commissioners or referees and shall give parties an opportunity to file exceptions and present written arguments to the commission. The commission may permit oral argument prior to its final decision.
(2) If upon the evidence at the hearing the commission shall find that a respondent has engaged in any unlawful discrimination, the commission shall state its findings of fact and may issue an order requiring such respondent to cease and desist from such unlawful discriminatory act and to take such affirmative action as the commission may deem appropriate, which may include reporting from time to time the manner and extent of compliance. If upon the evidence the commission shall find that a respondent has not engaged in unlawful discrimination, the commission shall state its findings of fact and shall issue an order dismissing the charge as to such respondent.
(3) Copies of orders shall be served upon parties, interveners, and their counsel by registered or certified mail, return receipt requested, or by such other means as are reasonably calculated to give actual notice, accompanied by a notice of the statutory right to judicial appeal.
(4) All orders issued after a hearing shall be filed with the director. Such orders shall be open to public inspection during regular office hours of the department.
(5) When deemed by the commission necessary to safeguard the interest of persons concerned and to prevent injustice, the commission at any time prior to or subsequent to the issuance of a charge may issue its own order or the commission or the department may apply to an appropriate court for the issuance of an order directed to or against any person or persons enjoining or prohibiting any conduct or threat thereof which violates or jeopardizes any of the rights of any person or persons guaranteed by law or the constitution.
History: 1979 AC.