Mich. Admin. Code R. 432.11107

Current through Vol. 24-09, June 1, 2024
Section R. 432.11107 - Sanctions and penalties

Rule 1107.

(1) The hearing officer may impose sanctions and penalties if the hearing officer finds that a party has failed to appear for a scheduled hearing, acted in bad faith for the purpose of delay, or has otherwise abused the hearing process. Upon the presentation of a prima facie case, sanctions and penalties may include, but are not limited to, the following:
(a) Default judgment or a directed finding on 1 or more issues.
(b) A fine or costs.
(2) If a respondent fails to testify on the respondent's own behalf with respect to any question propounded to the respondent, then the hearing officer may infer that the testimony or answer would have been adverse to the case of the party refusing to testify.
(3) If the respondent or its agent fails to answer a subpoena or refuses to testify fully at the request of the board, then the failure may be deemed independent grounds for a finding that the gaming device should have been seized and forfeited or the respondent should be disciplined. The hearing officer may also infer that the testimony would have been adverse to the respondent.

Mich. Admin. Code R. 432.11107

1998-2000 AACS