R 432.616a
R 432.616a Actions available to hearing officer.
Cite as Mich. Admin. Code R 432.616a
Rule 616a. (1) A hearing officer may recommend 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.
(2) If a respondent fails to testify on the respondent's own behalf with respect to any
question propounded to the respondent, the hearing officer may infer that the testimony
or answer would have been adverse to the case of the respondent.
(3) If the respondent or attorney of record fails to answer a subpoena or refuses to
testify fully at the request of the board, the failure may be considered independent
grounds for a finding that the respondent should be disciplined. The hearing officer may
also infer that the testimony would have been adverse to the respondent.