Section R. 792.10247 - Prehearing conferenceRule 247.
(1) Except as provided by R 792.10233 or as otherwise ordered by the tribunal, a prehearing conference must be held in all contested cases pending in the entire tribunal.(2) Each party shall submit a prehearing statement as ordered by the tribunal. The prehearing statement must be signed, and on a form made available by the tribunal or in a written form that is in substantial compliance with the tribunal's form.(3) The purposes of the prehearing conference are as follows: (a) To specify, in a property tax appeal, the present use of the property, the use for which the property was designed, and the classification of the property.(b) To specify all sums in controversy and the particular issues to which they relate.(c) To specify the factual and legal issues to be litigated.(d) To consider the formal amendment of all petitions and answers or their amendment by prehearing order, and, if desirable or necessary, to order that the amendments be made.(e) To consider the consolidation of petitions for hearing, the separation of issues, and the order in which issues are to be heard.(f) To consider all other matters that may aid in the disposition of the contested case.(4) The administrative law judge who conducts the prehearing conference shall prepare, and cause to be served upon the parties or their attorneys or authorized representatives, not less than 14 days in advance of hearing, an order summarizing the results of the conference specifically covering each of the items stated in this rule and R 792.10114. The order controls the subsequent course of the contested case unless modified at or before the hearing by the tribunal to prevent manifest injustice.(5) When a contested case is ready for a prehearing conference, the tribunal shall schedule the contested case for a prehearing conference at a date and time to be designated by the tribunal or place the contested case on a prehearing general call.(6) If a prehearing conference is scheduled, notice of the date and time of the prehearing conference and the manner for the conducting of the prehearing conference, including, but not limited to, by telephone, by video conference, or in-person, must be provided to the parties not less than 28 days before the date of the prehearing conference, unless otherwise ordered by the tribunal.(7) If a contested case is placed on a prehearing general call, notice of the prehearing general call must be provided to the parties not less than 28 days before the commencement of the prehearing general call, unless otherwise ordered by the tribunal. The notice must set forth the time period in which the prehearing conference will be held and the dates for the submission of valuation disclosures, prehearing statements, and the closure of discovery.(8) If a party fails to comply with the order scheduling the prehearing conference or a prehearing general call order, the prehearing conference must commence as a show cause hearing to provide the party with an opportunity to justify their failure to comply with the order.Mich. Admin. Code R. 792.10247
2013 AACS; 2015 AACS; History: 2013 AACS; 2015 AACS; 2023 MR 19, Eff. 9/29/2023