Section 285.563.7. Hearings.

Rule 7. (1) The notice of hearing shall  state all  of  the   following information:

(a)  The date, time, and place of the hearing.

(b)   Issues involved.

(c)   Reasons for holding the hearing. Notice shall be served not less than 15 days before the hearing.

(2)    When an appearance is made at a hearing, it shall be made in person, by a duly authorized representative, or by counsel.

(3)   The person or persons who have been served with a notice of hearing may file a written answer before the date set for hearing or may appear  at the hearing and present an oral statement on the charges contained in the notice of hearing. When written briefs or arguments are presented,  a   copy shall be served upon the director not less than 5 days before the  date set for the hearing.

(4)   If the person or persons who have been previously served with a notice of hearing fail to appear at a noticed  hearing,  the  director, hearing officer, or the member of the department staff authorized by law to conduct such hearings may proceed with  the  hearing  and   may,   on   the evidence presented, make a decision.

(5)   A hearing shall not be adjourned or continued, except upon an order of the director, hearing officer, or the department employee conducting the hearing. All motions and requests for an adjournment or a continuance shall be in writing. The motion or request shall state concisely the reasons why an adjournment or continuance is necessary. A motion or request for an adjournment or a continuance will not be considered unless the motion or request is filed with the director not less than 5 days before the date assigned  for  the   hearing,  except  upon   order  of    the  director, which exception will be granted only upon a showing that, for reasons not within the control of the person or party making the motion or request, the motion or request could not be filed within the time alloted.

(6)   The parties to any hearing before the director may, by a stipulation in writing filed with the director, agree upon the facts or any portion of the facts involved in the controversy, which stipulation shall be regarded and used as evidence in the hearing. Parties are requested to   agree  upon the facts when practicable.

(7)   Depositions shall only  be  taken  upon  written  authority   of    the director where it is proved, in writing,  to  the  director  that  it   is impractical   or  impossible  to otherwise obtain the evidence. Where depositions are permitted, they shall be taken according to the rules for taking depositions as set forth in the Michigan general court rules.

History: 1985 AACS.