Mich. Admin. Code R. 400.904 - Request for hearing; timeliness
Rule 904.
(1) A
request for a hearing shall be in writing and signed by the claimant,
petitioner, or on his behalf by his authorized representative.
(2) The request may be filed with the state
department office in Lansing or a local county office. When filed with the
local county department office, it shall be forwarded immediately to the state
department office.
(3) Freedom to
make a request for a hearing shall not be limited or interfered with in any
way. The agency shall assist a claimant to submit and process his
request.
(4) A claimant shall be
provided 90 days from the mailing of the notice in
R
400.902 to request a hearing.
(5) When a claimant requests a hearing within
the timely notice period, assistance shall not be suspended, reduced,
discontinued, or terminated until a decision is rendered after a hearing,
unless:
(a) A determination is made at the
hearing by the administrative law judge that the sole issue is one of state or
federal law or policy.The administrative law judge shall inform a claimant
promptly in writing that assistance is to be discontinued pending the final
decision if the sole issue is one of state or federal law or policy, subject to
this issue being reconsidered in the final decision.
(b) A subsequent change affecting a
recipient's grant occurs while the hearing decision is pending and a recipient
fails to request a hearing after notice of the subsequent change.
(6) When an appeal is filed from a
written notice of revocation, denial, or refusal to renew a license within 30
days of receipt of the written notice, the denial, revocation, or refusal to
review shall be held in abeyance pending the final
decision.
Notes
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