24.271 Parties in contested case; time and notice of hearing; service of notice or other process on legislator. Sec. 71. (1) The parties in a contested case shall be given an opportunity for a hearing without undue delay. (2) The parties shall be given a reasonable notice of the hearing, which notice shall include: (a) […]
24.272 Defaults, written answers, evidence, argument, cross-examination. Sec. 72. (1) If a party fails to appear in a contested case after proper service of notice, the agency, if no adjournment is granted, may proceed with the hearing and make its decision in the absence of the party. (2) A party who has been served with […]
24.273 Subpoenas; issuance; revocation. Sec. 73. An agency authorized by statute to issue subpoenas, when a written request is made by a party in a contested case, shall issue subpoenas forthwith requiring the attendance and testimony of witnesses and the production of evidence including books, records, correspondence and documents in their possession or under their […]
24.274 Oaths; depositions; disclosure of agency records. Sec. 74. (1) An officer of an agency may administer an oath or affirmation to a witness in a matter before the agency, certify to official acts and take depositions. A deposition may be used in lieu of other evidence when taken in compliance with the general court […]
24.275 Evidence; admissibility, objections, submission in written form. Sec. 75. In a contested case the rules of evidence as applied in a nonjury civil case in circuit court shall be followed as far as practicable, but an agency may admit and give probative effect to evidence of a type commonly relied upon by reasonably prudent […]
24.275a Definitions; hearing where witness testifies as alleged victim of sexual, physical, or psychological abuse; use of dolls or mannequins; support person; notice; ruling on objection; exclusion of persons not necessary to proceeding; section additional to other protections or procedures. Sec. 75a. (1) As used in this section: (a) “Developmental disability” means that term as […]
24.276 Evidence to be entered on record; documentary evidence. Sec. 76. Evidence in a contested case, including records and documents in possession of an agency of which it desires to avail itself, shall be offered and made a part of the record. Other factual information or evidence shall not be considered in determination of the […]
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 […]
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 […]
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 […]
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. […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
