Mich. Admin. Code R. 432.21113 - Contested case hearing
Rule 113.
(1) A
contested case hearing notice shall be issued in accordance with section 71 of
the Administrative Procedures Act.
(2) The bureau may establish procedures for
the conduct of contested case hearings, including the submission of evidence by
written interrogatory hearing officer.
(3) There shall be no discovery other than
that allowed by the Administrative Procedures Act.
(4) When an appearance is made at a contested
case hearing, it shall be made in person by the principal officer of the
qualified organization; the owner, principal shareholder of the privately held
corporation, partner, or top officer of the licensed supplier, licensed
manufacturer, or licensed hall; or by counsel.
(5) The person or persons who have been
served with a contested case hearing notice may file a written answer before
the date set for the contested case hearing or may appear at the contested case
hearing and present an oral statement on the charges contained in the contested
case hearing notice. If written briefs or arguments are presented, then a copy
shall be served upon the hearing officer at least 5 days before the date set
for the contested case hearing.
(6)
If the person or persons who have been previously served with a contested case
hearing notice fail to appear at the contested case hearing, then the hearing
officer may proceed with the contested case hearing and may, on the evidence
presented, make a decision.
(7) A
contested case hearing shall not be adjourned or continued except by the
hearing officer. All motions and requests for an adjournment or a continuance
shall be in writing. The motion or request shall state concisely the reasons
why the requested relief is necessary.
(8) The parties to any contested case hearing
may, by stipulation in writing filed with the hearing officer, agree upon the
facts or any portion of the facts involved in the controversy. The stipulation
shall be regarded and used as evidence in the contested case hearing. Parties
are requested to agree upon the facts when practicable.
Notes
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