Statutes, codes, and regulations
Michigan Administrative Code
Department - Licensing and Regulatory AffairsMichigan Administrative Hearing SystemMichigan Administrative Hearing System Uniform Hearing RulesPart 10 - DEPARTMENT OF HUMAN SERVICES & DEPARTMENT OF COMMUNITY HEALTH
Subpart A - PUBLIC BENEFITS
Section R. 792.11015 - Rehearing or reconsideration

Mich. Admin. Code R. 792.11015

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Current through Vol. 24-21, December 1, 2024
Section R. 792.11015 - Rehearing or reconsideration

Rule 1015.

(1) A party who has received an adverse hearing decision shall file a request for rehearing or reconsideration with the hearing system in writing within 30 days after the decision has been mailed.
(2) A rehearing is a full de novo hearing which may be granted when either of the following occurs:
(a) There is newly discovered evidence that existed at the time of the original hearing and that could affect the outcome of the original hearing decision.
(b) The original hearing record is inadequate for purposes of judicial review.
(3) If a rehearing is granted, the order granting rehearing shall vacate the hearing decision and order, and order that a de novo hearing be scheduled by the hearing system.
(4) A reconsideration is a paper review of the facts, law, and any new evidence or legal arguments and may be granted when the original hearing record is adequate for purposes of judicial review and a rehearing is not necessary, however, or more of the following exists:
(a) Misapplication of manual policy or law in the hearing decision, which led to the wrong conclusion.
(b) Typographical, mathematical, or other obvious error in the hearing decision that affects the substantial rights of the claimant or petitioner.
(c) The failure of the administrative law judge to address in the hearing decision relevant issues raised in the request for hearing.
(5) A request for rehearing or reconsideration must be submitted directly to the hearing system pursuant to the instructions provided at the conclusion of all hearing decision.
(6) The party requesting the rehearing or reconsideration must specify all reasons for the request.
(7) If reconsideration is granted, the decision may be modified without further proceedings. If a rehearing is granted, the hearing shall be noticed and conducted in the same manner as an original hearing.
(8) A party is provided the opportunity for request for rehearing or reconsideration of the hearing decision of the administrative law judge. Recourse for subsequent review shall be to the appropriate court as identified at the end of the hearing decision.

Mich. Admin. Code R. 792.11015

2015 MR 1, Eff. Jan. 15, 2015