Mich. Admin. Code R. 792.10120 - Record

Rule 120.

(1) The hearing system shall maintain an official record of each case or proceeding.

(2) The record shall include all of the following:

(a) Notice of hearings and orders of adjournment.

(b) Prehearing orders.

(c) Motions, pleadings, briefs, petitions, requests, agency rulings and intermediate written rulings.

(d) Evidence presented.

(e) A statement of matters officially noticed.

(f) Offers of proof, objections, and rulings.

(g) An official recording of the proceeding prepared by the administrative law judge.

(h) Transcripts, if ordered by the administrative law judge or submitted by a party prior to issuance of a final decision.

(i) Final orders or orders on reconsideration.

(j) Written notation of any ex parte communications referred to on the record.

(3) The administrative law judge may authorize the use of tape recorders, cell phones, and other mechanical, electronic, or video recording devices. The administrative law judge may prohibit devices for any of the following reasons:

(a) The device is obtrusive or disruptive.

(b) The device may cause intimidation of witnesses.

(c) The device may disclose the identity of witnesses or parties entitled to privacy.

(d) The device may intrude on attorney-client communication.

(4) Recordings, other than the official recording prepared by the administrative law judge or court reporter hired by the hearing system, shall not be accepted to challenge the official record unless adopted by the administrative law judge.

Notes

Mich. Admin. Code R. 792.10120

2015 MR 1, Eff. Jan. 15, 2015