Mich. Admin. Code R. 125.214

Current through Vol. 24-24, January 15, 2025

Section R. 125.214 - Debarment procedures

Rule 214.

(1) Debarment procedures shall be initiated by an authorized officer. Procedures will commence with the authority sending a notice of debarment to the respondent.

(2) A notice of debarment must be sent to each respondent and contain all of the following information:

(a) That debarment is being proposed.

(b) The acts or omissions that are the grounds upon which debarment is based.

(c) The particular provisions of laws, regulations, rules, and program requirements involved.

(d) The opportunity for the respondent to request and schedule a hearing on the debarment.

(e) The potential effects of debarment.

(3) A respondent who receives a notice of debarment is entitled to a hearing on the issue. The hearing will be conducted in accordance with R 125.111 and the provisions of the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, which governs all of the following:

(a) Choice and scope of authority of hearing officers.

(b) Rules of conduct and evidence for hearing.

(c) Decisions of hearing officers.

(d) Burdens or levels of proof required.

(e) Rights of administrative and judicial appeal.

(4) If the official who is to make the final decision has not heard the contested case or read the record, the decision, if adverse to the respondent, may not be made until a written proposal for decision has been sent to all parties by the official who has heard the contested case or read the record. Any party who is adversely affected has 10 days from issuance of the proposal for decision to file written exceptions and arguments. If written exceptions or arguments are not submitted within 10 days, there will be no further proceedings before the issuance of a final decision.

(5) The final decision of the authority will be issued within 60 days after the date of the hearing or, if a proposal for decision is required pursuant to the provisions of subrule (4) of this rule, within 60 days of the closing date for submission of written exceptions to the proposal for decision, whichever is later.

Mich. Admin. Code R. 125.214

1991 AACS; 2023 MR 6, Eff. 3/21/2023