R 408.43n Hearing before director; self-insured status, individual and group fund; group fund rates, membership applications, security requirements, and surplus refunds.

Rule 13n. (1) Upon receiving a notice of intent to deny or terminate self- insured status under section 611 of the act, MCL 418.611, a party may request a hearing before the director within 15 days of the mailing of the notice by the agency. Upon receiving a notice denying a request by a group fund for deviation from manual rates, denial of an individual membership application or security requirement, or a denial of a request for a refund of surplus, the group fund may request a hearing before the director within 15 days of the mailing of the notice by the agency. (2) The director shall, by certified or registered mail, notify the appealing party of the date, time, place, and reasons for holding the hearing. The director shall mail the notice not less than 15 days before the hearing. If the intent to terminate self-insured status is based on the self-insurer’s failure to maintain existing security requirements, then the notice must advise the self-insurer that proof of reinstatement of the security must accompany the request for hearing or the director may make a final decision on the termination without further hearing. (3) If an appearance is made at a hearing, then it must be made in person by a duly authorized representative or by counsel. (4) A person who has been served with a notice of hearing may, at his or her option, file a written statement before the date set for hearing or may appear at the hearing and present an oral statement and other evidence on the issues contained in the notice of hearing. When written briefs or arguments are presented, a copy must be served upon the director and other interested parties not less than 5 days before the date set for the hearing. (5) If the person or persons who have requested a hearing fail to appear at a noticed hearing, the director may consider the request for a hearing as having been abandoned or, in his or her discretion, may proceed with a hearing of the case and may, on the evidence presented, make a decision. (6) A hearing may not be adjourned or continued, except upon an order of the director.