R 432.112 Contested case hearing.

Rule 112. (1) A contested case hearing notice must be issued in accordance with section 71 of the administrative procedures act, MCL 24.271. (2) The executive director may establish procedures for the conduct of contested case hearings, including the submission of evidence by written interrogatory, deposition, request for admissions, or by other means established by the hearing officer. (3) There must be no discovery other than that allowed by the administrative procedures act. (4) When an appearance is made at a contested case hearing, it must be made in person by the principal officer of the qualified organization, the owner, or owners of the licensed supplier, or by counsel. (5) The person or persons that have been served with a contested case hearing notice may file a written answer before the date set for the contested case hearing or may appear at the contested case hearing and present an oral statement on the charges contained in the contested case hearing notice. If written briefs or arguments are presented, then a copy shall be served on the hearing officer not less than 5 days before the date set for the contested case hearing. (6) If the person or persons that have been previously served with a contested case hearing notice fail to appear at the contested case hearing, then the hearing officer may proceed with the contested case hearing and may, on the evidence presented, make a decision. (7) A contested case hearing must not be adjourned or continued except by the hearing officer. All motions and requests for an adjournment or a continuance must be in writing. The motion or request must state concisely the reasons why the requested relief is necessary. (8) The parties to any contested case hearing may, by stipulation, in writing, and filed with the hearing officer, agree on the facts or any portion of the facts involved in the controversy. The stipulation must be regarded and used as evidence in the contested case hearing. Parties are requested to agree on the facts if practicable.