Section R. 420.703 - Public investigative hearingRule 3.
(1) An applicant that is denied a marihuana license by the agency may request a public investigative hearing in writing within 21 days of service of notice of the denial.(2) After the agency receives notice of an applicant's request for a public investigative hearing, the agency shall provide an opportunity for this hearing at which the applicant may present testimony and evidence to establish suitability for a marihuana license.(3) The applicant must be given reasonable notice of the public investigative hearing in writing.(4) Not less than 2 weeks before the hearing, the agency shall post notice of the public investigative hearing at its business office in a prominent place that is open and visible to the public.(5) The agency, or 1 or more administrative law judges designated and authorized by the agency, shall conduct and preside over the public investigative hearing and do all of the following:(a) Administer oaths or affirmations to witnesses called to testify at the hearing.(b) Receive evidence in the form of testimony and exhibits.(c) Establish and regulate the order of presentation and course of the public investigative hearing; set the time and place for continued hearings; and fix the time for filing written arguments, legal briefs, and other legal documents.(d) Accept and consider relevant written and oral stipulations of fact and law that are made part of the hearing record.(6) Upon timely request of the applicant or the agency in accordance with the Michigan court rules, the agency or the agency's designated administrative law judge may issue subpoenas duces tecum for the production of books, ledgers, records, memoranda, electronically retrievable data, and other pertinent documents and issue subpoenas for witnesses to appear and testify as appropriate to exercise and discharge the powers and duties under the act.(7) During the public investigative hearing, the applicant and the agency must be given a full opportunity to present witnesses, cross-examine witnesses, and present all relevant evidence regarding the applicant's eligibility and suitability for licensure.(8) The applicant shall at all times have the burden of establishing, by clear and convincing evidence, its eligibility and suitability for licensure under the acts and these rules.(9) The agency shall record the public investigative hearing stenographically or by other means, to ensure preservation of an accurate record of the hearing.(10) Following the public investigative hearing, the executive director of the agency shall affirm, reverse, or modify in whole or in part the denial of a marihuana license.(11) The agency's decision to affirm, reverse, or modify in whole or in part the denial of a marihuana license must be based on the whole record before the agency and not be limited to testimony and evidence submitted at the public investigative hearing.(12) The agency's decision to affirm, reverse, or modify in whole or in part the denial of a marihuana license must be reduced to writing and served upon the applicant and agency within a reasonable time.Mich. Admin. Code R. 420.703
2020 AACS; 2022 MR 5, Eff. 3/7/2022