Mich. Admin. Code R. 792.10908 - Hearing procedure
Rule 908.
(1) A
request for a hearing is commenced by filing a request for hearing with the
director of the department.
(2) A
request for hearing shall be filed within 15 days of the applicant's receipt of
the bureau's proposed decision or receipt of notice of reversal by the director
of a proposed decision that is an approval.
(3) A request for hearing shall be made in
writing and shall include a statement of the grounds for a hearing and a clear
and concise statement of the facts, law relied on, and the relief
sought.
(4) A copy of the request
for hearing shall be served upon the appropriate regional certificate of need
review agency. In addition, if the request for hearing is filed by an applicant
in a comparative review, a copy of the request for hearing shall be served by
the applicant upon all other applicants in the comparative group.
(5) The hearing shall commence within 90 days
from the date that the department receives the request for hearing, unless
waived in writing by the parties. Not less than 10 days before the date set in
the notice, the department shall serve a notice of hearing by placing a copy of
the notice in the mail to each, person who filed the request for a hearing, the
assistant attorney general assigned to represent the department, and all other
persons on whom the request for hearing is required to be served. The first
hearing day shall be used as a prehearing conference and may be used for
hearing preliminary motions.
(6) If
more than 1 request for hearing is filed with respect to the same bureau
decision, the hearings shall be consolidated and heard and decided as a single
hearing. A party shall not be severed from a hearing on a comparative
review.
(7) In all hearings by
aggrieved applicants, the necessary parties are the department and any
aggrieved applicant that perfected its request for a hearing in a timely
manner. The bureau shall not be required to file a response to a request for
hearing. In comparative reviews, approved applicants are necessary parties to
any hearing.
(8) In all hearings by
aggrieved applicants, the necessary parties are the department and any
aggrieved applicant that has filed a timely request for hearing. The department
shall not be required to file a response to a request for hearing. In
comparative reviews, approved applicants are necessary parties to any
hearing.
Notes
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