Mich. Admin. Code R. 393.56 - Evidentiary hearings

Rule 56.

(1) A licensee who is dissatisfied with an action of the commission arising from the operation or administration of the vending facility program may file a complaint with the commission requesting a full evidentiary hearing as required by the Randolph-Sheppard act of 1936, as amended, 20 U.S.C. §§107 to 107 f, and the provisions of 34 C.F.R. §395.13 (July 1, 1981). When a licensee is licensed, he or she shall be informed, in writing, of his or her right to, and the procedures to be followed in obtaining, a full evidentiary hearing.

(2) To request a full evidentiary hearing, a licensee shall file a written request with the commission within 15 working days from the date of the mailing of the decision issued as a result of an administrative review. If a licensee's request for a hearing is not timely, and if there is no showing of good cause for a late request, then the commission's administrative review is final.

(3) The commission, which shall be considered a party to an appeal, shall have 15 working days from service of the request for a hearing to file a response with the hearings office.

(4) The hearings office shall have 15 working days after receipt of the agency response to notify both parties of the time, date, and place of the hearing. The hearing shall be held at a time and place that is convenient to the licensee who is requesting a full evidentiary hearing.

(5) Hearings shall be conducted pursuant to the procedures in contested cases set forth in chapter 4 of 1969 PA 306, MCL 24.271 to 24.287.

(6) Witnesses may be subpoenaed by the hearings officer on his or her own motion. Witnesses requested by the parties may also be subpoenaed by the hearings officer if the evidence of the witnesses is considered necessary and is not cumulative. Witnesses subpoenaed shall be allowed fees at the rate fixed by law. Witnesses the commission subpoenas shall be paid by the commission out of the funds appropriated for its administration.

(7) Any person may be represented by an attorney or other representative or may represent himself or herself.

(8) The hearings officer shall render a written proposed decision after the record is closed.

(9) If all requested documentation is available to the commissioners, they shall have 60 calendar days from receipt of the proposed decision to render a final agency decision.

(10) If a licensee is dissatisfied with the final agency decision, then the licensee may request that an ad hoc arbitration panel be convened, as authorized by the provisions of 34 C.F.R. §395.13 (July 1, 1981).

(11) A licensee shall be advised that the decision of the ad hoc arbitration panel is final and binding on the parties, unless the decision is appealed pursuant to the provisions of the government organization and employees act, 5 U.S.C. §101 et seq.

Notes

Mich. Admin. Code R. 393.56

2004 AACS