Section R. 792.10908 - Hearing procedureRule 908.
(1) A request for a hearing is commenced by filing a request for hearing with the director of the department.(2) A request for hearing shall be filed within 15 days of the applicant's receipt of the bureau's proposed decision or receipt of notice of reversal by the director of a proposed decision that is an approval.(3) A request for hearing shall be made in writing and shall include a statement of the grounds for a hearing and a clear and concise statement of the facts, law relied on, and the relief sought.(4) A copy of the request for hearing shall be served upon the appropriate regional certificate of need review agency. In addition, if the request for hearing is filed by an applicant in a comparative review, a copy of the request for hearing shall be served by the applicant upon all other applicants in the comparative group.(5) The hearing shall commence within 90 days from the date that the department receives the request for hearing, unless waived in writing by the parties. Not less than 10 days before the date set in the notice, the department shall serve a notice of hearing by placing a copy of the notice in the mail to each, person who filed the request for a hearing, the assistant attorney general assigned to represent the department, and all other persons on whom the request for hearing is required to be served. The first hearing day shall be used as a prehearing conference and may be used for hearing preliminary motions.(6) If more than 1 request for hearing is filed with respect to the same bureau decision, the hearings shall be consolidated and heard and decided as a single hearing. A party shall not be severed from a hearing on a comparative review.(7) In all hearings by aggrieved applicants, the necessary parties are the department and any aggrieved applicant that perfected its request for a hearing in a timely manner. The bureau shall not be required to file a response to a request for hearing. In comparative reviews, approved applicants are necessary parties to any hearing.(8) In all hearings by aggrieved applicants, the necessary parties are the department and any aggrieved applicant that has filed a timely request for hearing. The department shall not be required to file a response to a request for hearing. In comparative reviews, approved applicants are necessary parties to any hearing.Mich. Admin. Code R. 792.10908
2015 MR 1, Eff. Jan. 15, 2015