Mich. Admin. Code R. 420.704 - Hearing on disciplinary actions
Rule 4.
(1) A
licensee who has been notified of a marihuana license violation, or of the
agency's intent to suspend, revoke, restrict, or refuse to renew a marihuana
license or impose a fine, may be given an opportunity to show compliance with
the requirements before the agency takes action as prescribed by these
rules.
(2) A licensee aggrieved by
an action of the agency to suspend, revoke, restrict, or refuse to renew a
marihuana license, or to impose a fine, may request a contested case hearing in
writing within 21 days after service of notice of the intended
action.
(3) Upon receipt of a timely
request, the agency shall provide the licensee an opportunity for a contested
case hearing in accordance with sections 71 to 87 of the administrative
procedures act, MCL 24.271 to 24.287, and the MAHS general hearing
rules.
(4) The contested case
hearing must be conducted by an administrative law judge within the
MOAHR.
(5) Upon timely request of
the licensee or the agency in accordance with the Michigan court rules, an
assigned administrative law judge may issue subpoenas duces tecum for the
production of books, ledgers, records, memoranda, electronically retrievable
data, and other pertinent documents, and administer oaths and affirmations to
witnesses as appropriate to exercise and discharge the powers and duties under
the acts and these rules.
(6) The
agency has the burden of proving, by a preponderance of the evidence, that
sufficient grounds exist for the intended action to suspend, revoke, restrict,
or refuse to renew a marihuana license, or to impose a
fine.
Notes
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