Section 24.277 – Official Notice of Facts; Evaluation of Evidence.
24.277 Official notice of facts; evaluation of evidence. Sec. 77. An agency in a contested case may take official notice of judicially cognizable facts, and may take notice of general, technical or scientific facts within the agency’s specialized knowledge. The agency shall notify parties at the earliest practicable time of any noticed fact which pertains […]
Section 24.278 – Stipulations; Disposition of Cases, Methods.
24.278 Stipulations; disposition of cases, methods. Sec. 78. (1) The parties in a contested case by a stipulation in writing filed with the agency may agree upon any fact involved in the controversy, which stipulation shall be used as evidence at the hearing and be binding on the parties thereto. Parties are requested to thus […]
Section 24.279 – Presiding Officers; Designation; Disqualification, Inability.
24.279 Presiding officers; designation; disqualification, inability. Sec. 79. An agency, 1 or more members of the agency, a person designated by statute or 1 or more hearing officers designated and authorized by the agency to handle contested cases, shall be presiding officers in contested cases. Hearings shall be conducted in an impartial manner. On the […]
Section 24.280 – Presiding Officer; Powers and Duties; “Nonmeeting Day” Defined.
24.280 Presiding officer; powers and duties; “nonmeeting day” defined. Sec. 80. (1) A presiding officer may do all of the following: (a) Administer oaths and affirmations. (b) Sign and issue subpoenas in the name of the agency, requiring attendance and giving of testimony by witnesses and the production of books, papers, and other documentary evidence. […]
Section 24.281 – Proposals for Decision; Contents.
24.281 Proposals for decision; contents. Sec. 81. (1) When the official or a majority of the officials of the agency who are to make a final decision have not heard a contested case or read the record, the decision, if adverse to a party to the proceeding other than the agency itself, shall not be […]
Section 24.282 – Communications by Agency Staff; Limitations; Exceptions.
24.282 Communications by agency staff; limitations; exceptions. Sec. 82. Unless required for disposition of an ex parte matter authorized by law, a member or employee of an agency assigned to make a decision or to make findings of fact and conclusions of law in a contested case shall not communicate, directly or indirectly, in connection […]
Section 24.285 – Final Decision and Order.
24.285 Final decision and order. Sec. 85. A final decision or order of an agency in a contested case shall be made, within a reasonable period, in writing or stated in the record and shall include findings of fact and conclusions of law separated into sections captioned or entitled “findings of fact” and “conclusions of […]
Section 24.286 – Official Records of Hearings.
24.286 Official records of hearings. Sec. 86. (1) An agency shall prepare an official record of a hearing which shall include: (a) Notices, pleadings, motions and intermediate rulings. (b) Questions and offers of proof, objections and rulings thereon. (c) Evidence presented. (d) Matters officially noticed, except matters so obvious that a statement of them would […]
Section 24.287 – Rehearings.
24.287 Rehearings. Sec. 87. (1) An agency may order a rehearing in a contested case on its own motion or on request of a party. (2) Where for justifiable reasons the record of testimony made at the hearing is found by the agency to be inadequate for purposes of judicial review, the agency on its […]
Section 24.288 – Contested Case for Permit Under MCL 324.1301.
24.288 Contested case for permit under MCL 324.1301. Sec. 88. In a contested case regarding a permit, as that term is defined in section 1301(g) of the natural resources and environmental protection act, 1994 PA 451, MCL 324.1301, the designation of a presiding officer, the effect of a decision by a presiding officer, the availability […]