Mich. Admin. Code R. 408.35 - Agency compliance hearings
Rule 5.
(1) If the
director believes that there has not been compliance with the act, then the
director may, on his or her own motion, give notice to the parties and schedule
a hearing for the purpose of determining compliance. The notice must contain a
statement of the matter to be considered.
(2) If a matter that is alleged to be grounds
for a hearing in accordance with this rule is brought to the attention of the
agency, then the director or his or her authorized representative shall review
the evidence of noncompliance with the act that is presented and, after making
inquiries or investigations that he or she deems appropriate, determine if a
hearing in accordance with this rule is necessary. The parties involved must be
notified within 30 days of a receipt of the request as to the time and date of
hearing or the reasons for denial.
(3) The agency shall schedule a hearing
within a reasonable time, subject to the availability and schedules of hearing
personnel and the parties involved. A request for a hearing under this rule
must, at a minimum, contain sufficient information to warrant investigation or
inquiry into a matter. The request for hearing must include, but is not limited
to, all of the following information:
(a)
Facts and law involved in the alleged failure to comply, including names,
dates, amounts, or other pertinent information.
(b) A description of the redress or other
specific action requested with specific references to sections of the act
allegedly not complied with.
(4) The director shall issue an order on the
hearing in which compliance may be ordered
(5) Any order of the director under this rule
may be appealed to the board of magistrates within 15 days after the order is
mailed to the parties. If the order is not appealed within 15 days after
mailing, then the order of the director is final. The board of magistrates
shall conduct a hearing on the appeal within 60 days of the date of appeal to
the board of magistrates.
Notes
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