Section R. 420.704a - Hearing on exclusion of individuals or employeesRule 4a.
(1) An individual who has been notified of the agency's intent to exclude him or her from being employed by or being a supplemental applicant of a marihuana business may request a hearing in writing within 21 days of service of the notice of intent to exclude.(2) Upon receipt of a timely request, the agency shall provide the individual an opportunity for a contested case hearing pursuant to sections 71 to 87 of the administrative procedures act, MCL 24.271 to 24.287, and the MAHS general hearing rules.(3) The contested case hearing must be conducted by an administrative law judge within the MOAHR.(4) Upon timely request of the licensee or the agency pursuant to the Michigan court rules, an assigned 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 acts and these rules.(5) The agency has the burden of proving, by a preponderance of the evidence, that sufficient grounds exist for the intended action to exclude an individual from being employed by or being a supplemental applicant of a marihuana business.Mich. Admin. Code R. 420.704a