Current through Vol. 24-21, December 1, 2024
Section R. 792.11117 - Consent findings and ordersRule 1117.
(1) At any time before the hearing or before the reception of evidence in a hearing, or during a hearing, the administrative law judge may afford a reasonable opportunity may be afforded to permit negotiation by the parties of an agreement containing consent findings and an order disposing of the whole or a part of the proceeding. The allowance of this opportunity and its duration shall be in the discretion of the administrative law judge, after considering the nature of the proceeding, the representations of the parties, and the probability of an agreement which would result in a just disposition of the issues involved.(2) An agreement containing consent findings and an order disposing of a proceeding shall provide all of the following:(a) The consent finding and order shall have the same force and effect as if made after a full hearing.(b) The record on which an order may be based shall consist solely of the application and the agreement.(c) A waiver of any further procedural steps before the administrative law judge and the director.(d) A waiver of any right to challenge or contest the validity of the consent findings and order made pursuant to the agreement.(3) On or before the expiration of the time granted for negotiations, the parties or their counsel may do either the following:(a) Submit the proposed agreement to the administrative law judge for his or her consideration.(b) Inform the administrative law judge that an agreement cannot be reached.(4) In the event of an agreement containing consent findings and an order is submitted within the time allowed, the administrative law judge shall accept the agreement by issuing his or her decisions based upon the agreed findings.Mich. Admin. Code R. 792.11117
2015 MR 1, Eff. Jan. 15, 2015