Mich. Admin. Code R. 38.172 - Conduct of evidentiary hearing; stipulations of fact; objections; rules of evidence; rules of privilege; official notice

Rule 42.

(1) An administrative law judge shall conduct a hearing for the purpose of taking evidence on a claim of appeal.

(2) A party may call, examine, and cross-examine witnesses and introduce into the record documentary or other evidence.

(3) The administrative law judge may admit stipulations of fact into evidence.

(4) A party may make an oral or written objection to the conduct of the hearing, including an objection to the introduction of evidence, and shall describe the grounds for the objection.

(5) The administrative law judge shall apply the rules of evidence that apply in a nonjury civil case in circuit court as far as practicable, but the administrative law judge may admit and give probative effect to evidence of a type on which reasonably prudent people commonly rely in the conduct of their affairs.

(6) The administrative law judge may exclude irrelevant, immaterial, or unduly repetitious evidence.

(7) The administrative law judge shall apply the rules of privilege recognized by law.

(8) The administrative law judge may take official notice of judicially cognizable facts and may take notice of general, technical, or scientific facts within the commission's specialized knowledge.

(9) For matters that these rules do not specifically address, R 792.10101 to R 792.10137, 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. 38.172

1998-2000 AACS; 2020 MR 3, Eff. 2/6/2020