R 432.11106 Proceedings.

Rule 1106. (1) All proceedings related to seizures, forfeitures, and disciplinary hearings shall be conducted in accordance with Act No. 306 of the Public Acts of 1969, as amended, being § 24.201 et seq. of the Michigan Compiled Laws, and the procedures for denial and exclusion hearings, except as otherwise provided in the act and these rules. The board shall have the affirmative responsibility of establishing, by a preponderance of the evidence, that the respondent should be disciplined or the gaming device or gaming devices should be seized and forfeited. (2) The respondent has the burden of proof to prove the allegations in an affirmative defense contained in the answer. The respondent shall have the affirmative responsibility of establishing the elements of an affirmative defense by a preponderance of the evidence. (3) Testimony shall be given under oath or affirmation. The hearing officer or recorder shall be authorized to administer oaths and affirmations. (4) Both parties may present an opening statement on the merits. The board proceeds first followed by the respondent. The respondent may reserve opening statement for a later time. The hearing officer may determine the length of time each party is permitted to present an opening statement. The parties may call witnesses in accordance with Act No. 306 of the Public Acts of 1969, as amended, being § 24.201 et seq. of the Michigan Compiled Laws and, subject to the discretion of the hearing officer, a former member of the board or former employee of the board may appear to testify as a fact witness about actions by the member or employee during his or her tenure as a member or employee with the board. A licensee, applicant, or the board shall not compensate a fact witness for his or her appearance other than a standard witness fee and reimbursement for travel expenses as established by statute or court rule. (5) The board shall then present the board's case-in-chief. (6) Upon conclusion of the board's case-in-chief, the respondent may move for a directed finding. The hearing officer may hear arguments on the motion or may grant, deny, or reserve any decision on the motion, with or without argument. (7) If a motion for directed finding is not made, or if the motion is denied or a decision reserved on the motion, the respondent may present its case. (8) Each party may conduct cross-examination of adverse witnesses. (9) Upon conclusion of the respondent's case, the board may present evidence in rebuttal. (10) The hearing officer may ask questions of the witnesses and may request or allow additional evidence at any time, including additional rebuttal evidence. (11) Both parties may present closing argument. The board proceeds first, then the respondent, and, thereafter, the board may present rebuttal argument. The hearing officer may determine the length of time each party is permitted for the presentation of closing argument. (12) The hearing officer may require or allow the parties to submit post-hearing briefs and findings of fact and conclusions of law within 10 days of the conclusion of the hearing or within another time period determined by the hearing officer. (13) Only the board and the respondent may be parties in proceedings under this rule, except that the attorney general may intervene and represent the interests of the people of the state of Michigan in accordance with state law.