Mich. Admin. Code R. 445.1036 - Contested case hearing; proposal for decision; objections; final decision; rehearing; judicial review

Rule 36.

(1) A proposal for decision of a contested case hearing held pursuant to these rules shall be served on the chief executive officer of the credit-granting institution or any other party.

(2) The proposal for decision shall become the final decision of the bureau unless either of the following provisions is complied with:

(a) Within 20 days from the date of service, or within a period the commissioner may authorize, an adversely affected party files objections with the commissioner, who shall do either of the following:

(i) Review the hearing record, proposal for decision, and objections and within a reasonable time after the review, issue the final decision and final order of the bureau.

(ii) Order a hearing over which the commissioner presides and which is limited in scope to the issues raised in the objections, review the hearing records, and proposal for decision, and within a reasonable time after the review issue the final decision and final order of the bureau.

(b) After the expiration of the time allowed by this rule for the filing of objections during which no objections are filed and within 40 days from the date of service, the commissioner provides notice to the parties that he or she will review the hearing record and proposal for decision, and within a reasonable time after the review issue the final decision and final order of the bureau.

(3) Before a party may seek judicial review of a final decision and final order of the bureau, a motion requesting a rehearing shall be made to the commissioner in accordance with the administrative procedures act and a ruling on the motion shall be made.

(4) Any objection that has not been raised before the commissioner shall not be considered by a court, unless the failure or neglect to raise the objection is excused because of extraordinary circumstances.

Notes

Mich. Admin. Code R. 445.1036

1979 AC; 1995 AACS