Mich. Admin. Code R. 432.1712 - Recording proceedings; transmittal of record and recommendation to board
Rule 712.
(1) Oral
proceedings involving contested issues must be recorded to ensure the
preservation of the testimony. A party may request a transcript of the
proceedings. The requesting party must pay for the transcript.
(2) Unless otherwise specified by the board,
the hearing officer, within 60 days of the conclusion of the hearing, or the
submission of post-hearing briefs or proposed findings of fact, will issue, to
the board and to the parties, written findings of fact, conclusions of law, and
recommendations. Findings of fact must be based exclusively on testimony,
evidence, and matters within the record. The findings of fact must be stated
separately.
(3) Unless otherwise
agreed to by the parties or as set by the hearing officer, the parties shall
have 21 days from the service of the findings of fact, conclusions of law, and
recommendations of the hearing officer to file objections.
(4) Unless otherwise agreed to by the parties
or as set by the hearing officer, the parties may file a response to the
objections within 21 days from service of the objections.
(5) After the time period for the parties to
file objections and responses to those objections, the hearing officer must
transmit the entire record to the board.
(6) Before issuing a final order, the board
shall consider the record as a whole.
(7) After considering the record, the board
may take any of the following actions:
(a)
Affirm the written recommendations, findings of fact, and conclusions of law
submitted by the hearing officer as its final board order.
(b) Issue a final order modifying the written
recommendations, findings of fact, and conclusions of law submitted by the
hearing officer.
(c) Issue a final
order rejecting the written recommendations, findings of fact, and conclusions
of law submitted by the hearing officer.
(d) Issue an order remanding the matter, with
instructions, to the hearing officer for further proceedings.
(8) The board must serve copies of
its orders on the parties.
(9) A
board order becomes effective upon service.
Notes
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