R 395.88 Hearing.

Rule 38. (1) An individual who is dissatisfied with any determination made by MRS concerning the provision of VRS may seek a redetermination of agency action before an impartial hearing officer. (2) The individual must submit a written appeal within 30 calendar days of the agency notice regarding its determination or decision. (3) Agency notice regarding the provision or denial of a service is not required to be in writing, unless it is a suspension, reduction, or termination of authorized services in an IPE. (4) Individuals will be notified in writing 10 working days before the termination, reduction, or suspension of authorized services being provided under an IPE. (5) If no request for hearing is made within 30 calendar days, the agency decision is considered final. (6) The request for hearing shall be in writing, and shall describe the decision being appealed. MRS shall accommodate an individual’s disability and offer assistance, if appropriate, in the appeal process. The request for hearing shall be sent to the director of MRS who shall immediately forward the request to the hearings coordinator. (7) The hearings coordinator shall forward the request for hearing to the Michigan Administrative Hearing System (MAHS) to be scheduled for a hearing with a qualified impartial hearing officer. (8) The hearing shall be held within 60 calendar days of receipt of the request for hearing. (9) The individual may waive the 60-day time frame to hold the hearing if both parties agree to an extension of time in writing. (10) A hearing may be dismissed by MAHS if the individual or his or her representative does either of the following: (a) Withdraws the hearing request in writing. (b) Fails to appear at the hearing without good cause. (11) The hearing shall be conducted by MAHS and shall include an opportunity for the individual or the individual’s representative to present witnesses and relevant evidence. (12) The hearing officer shall issue a full written report of the findings and grounds for the decision within 30 days of the completion of the hearing. (13) The hearing officer’s decision is final unless either party commences a civil action. (14) Any party that disagrees with the final decision of the hearing officer has the right to file a civil action challenging the decision of the hearing officer. The action may be brought in any state court of competent jurisdiction or in a district court of the United States of competent jurisdiction without regard to the amount in controversy.