Section R. 29.410c - Disciplinary hearing procedureRule 10c.
(1) Council members shall be given the opportunity to review the documentation submitted before proceeding with the disciplinary hearing.(2) The state fire marshal, or his or her designee, shall present an opening statement and relevant information of the investigative findings to the council, which shall not exceed 20 minutes, including the calling of witnesses.(3) The individual appealing a disciplinary decision shall present his or her opening statement and relevant information, which shall not exceed 20 minutes, including the calling of witnesses.(4) Council members may question the individual, witnesses, and the state fire marshal or his or her designee, if further clarification is needed.(5) The state fire marshal, or his or her designee, shall have 5 minutes to present a summary of the reasons for recommending the suspension or revocation of 1 or more of the individual's certifications.(6) The individual shall have 5 minutes to present a summary of the reasons why the recommendation for suspension or revocation is unsubstantiated.(7) The chairperson shall ask all witnesses, the individual, and the individual's legal counsel to exit the closed session, if applicable.(8) The council shall deliberate to determine if the allegation or allegations against the individual are substantiated or unsubstantiated. (a) A substantiated allegation or allegations shall result in the suspension or revocation of 1 or more of an individual's certifications, which shall be determined by council.(b) An unsubstantiated allegation or allegations shall result in the dismissal of the allegation or allegations against the individual.(c) After the final decision is reached, the council chairperson shall make a motion to adjourn the closed session.(d) All documentation distributed to the council during the closed session of the disciplinary hearing regarding the investigation shall be collected by the state fire marshal, or his or her designee, to be disposed of pursuant to the state's document retention schedule.Mich. Admin. Code R. 29.410c
2021 MR 21, Eff. 11/3/2021