Mich. Admin. Code R. 792.10126 - Evidence to be entered on record; documentary evidence

Rule 126.

(1) Evidence in a proceeding must be offered and made a part of the record if admitted by the administrative law judge. Other factual information must not be used as the basis of the decision of the administrative law judge, unless parties are provided notice. Documentary evidence may be received in the form of a copy or excerpt, if the original is not readily available. Unless otherwise allowed by the administrative law judge, a party offering documentary evidence must ensure that it is received by the administrative law judge, with a copy sent to each opposing party, not less than 7 days before the hearing except where the notice of hearing is issued less than 30 days before the hearing. If the notice of hearing is issued less than 30 days before the hearing, documentary evidence must be received by the administrative law judge and a copy provided to each opposing party no later than 1 business day before the scheduled hearing, unless the administrative law judge allows otherwise for good cause shown. Upon timely request, a party must be given an opportunity to compare a copy with the original, when available. Documentary evidence may be incorporated by reference if the materials are available for examination by the parties.

(2) If materials and exhibits offered, but not admitted, are made part of the record for purposes of appeal, they must be clearly marked by the administrative law judge as "rejected".

(3) Exhibits that are rejected as duplicates of material already contained in the file or record, must be returned to the party offering the exhibits, and must not be included in the record on appeal.

(4) Exhibits introduced into evidence, but later withdrawn, are not part of the record on appeal.

Notes

Mich. Admin. Code R. 792.10126

2015 AACS; 2023 MR 19, Eff. 9/29/2023