Mich. Admin. Code R. 325.1915

Current through Vol. 24-19, November 1, 2024
Section R. 325.1915 - Hearing procedures

Rule 15.

(1) This rule applies to hearings that are required by MCL 333.20162, 333.20165, 333.20166, and 333.20168.
(2) Unless otherwise provided by the act, the procedures for hearing shall comply with sections 71 to 92 of 1969 PA 306, MCL 24.271 to 24.292.
(3) If a hearing is required, then the home or applicant shall be notified in writing of the date, hour, place, and nature of the hearing. Unless otherwise specified in the notice, the hearing shall be held at the offices of the department in Lansing, Michigan.
(4) A hearing date shall be scheduled in accordance with the timeframes set out in MCL 333.20162, 333.20165, 333.20166, and 333.20168 as follows:
(a) Under MCL 333.20162 and 333.20168, an opportunity for a hearing on a compliance order or on an emergency order limiting, suspending, or revoking the license of the home shall be provided to the home within 5 working days of issuance of the department's order.
(b) Under MCL 333.20165 and 333.20166, the date set for an opportunity for a hearing on a notice of intent to deny, limit, suspend, or revoke a license shall be at least 30 days from the date of service of the action on the home or applicant.
(c) The date set for an opportunity for a hearing on a department order imposing an administrative fine on a home under MCL 333.20165(1) shall be at least 30 days from the date of service of the order on the home.
(5) The presiding officer may grant a request for an adjournment of a hearing for good cause. Unless provided otherwise by the act or these rules, an adjournment does not suspend the effective date of the department's order, including the effective date of a compliance order issued under MCL 333.20162 or an emergency order issued under MCL 333.20168 to limit, suspend, or revoke a home's license.
(6) Absent an adjournment, a home or applicant that fails to appear at a contested case hearing after proper service of notice waives the right to an administrative hearing on the department's order and any other review to which the home or applicant may be entitled. In such case, a default shall be entered, and the department's order or notice of intended action shall become final.

Mich. Admin. Code R. 325.1915

2004 AACS
An obvious error in R 325.1915 was corrected at the request of the promulgating agency, pursuant to Section 56 of 1969 PA 306, as amended by 2000 PA 262, MCL 24.256. The rule containing the error was published in Michigan Register, 2004 MR 12. The memorandum requesting the correction was published in Michigan Register, 2006 MR 14