Mich. Admin. Code R. 792.11013 - Hearing decisions

Rule 1013.

(1) The agency shall have discretion to delegate final decision-making authority to the administrative law judge who hears the case or to supervisory administrative law judges in certain cases. Such delegation shall be in writing, shall be dated, and shall clearly specify the scope of the final decision-making authority to be conferred.

(2) A decision of an administrative law judge shall include the following:

(a) Findings of fact based only on evidence admitted at the hearing.

(b) Conclusions of law.

(c) Whether agency policy was appropriately applied.

(d) Whether a finding of disability is appropriate based upon applicable statutes, case law and policy.

(3) The administrative law judge shall make a recommended decision if he or she determines any of the following:

(a) The applicable law does not support agency policy.

(b) Agency policy is silent on the issue being considered.

(c) The issue is of the type enumerated in agency policy calling for a recommended decision with the department director maintaining final decision authority.

(4) The hearing record shall consist of the transcript or recording of testimony and exhibits, or an official report that contains the substance of what transpired at the hearing, together with all exhibits and requests filed in the proceeding and the recommendation of the administrative law judge.

(5) All parties and their representatives shall receive a copy of the administrative law judges hearing decision or, where appropriate, recommendations along with the directors decision and order.

(6) Prompt, definitive, and final administrative action shall be taken within 90 days of the filing of a request for hearing with the agency, unless otherwise provided by governing state or federal law or rules.

Notes

Mich. Admin. Code R. 792.11013

2015 MR 1, Eff. Jan. 15, 2015