Section R. 792.11410 - Readiness of parties after notice of hearing; adjournment; issues before an administrative law judgeRule 1410.
(1) A party appearing at a hearing before an administrative law judge after notice shall have his or her evidence and witnesses present and be ready to proceed on the statement of the issues contained in the notice of hearing.(2) If an issue or time period beyond that specified in the determination or redetermination is raised at administrative law judge hearing without having been included in the notice of hearing, the hearing shall be adjourned for a reasonable time if requested by either party or if the administrative law judge deems adjournment appropriate. Evidence shall not be taken on the issue or time period that is not included in the notice of hearing, and a decision shall not be issued on such an issue or time period, unless a knowing and informed waiver of notice or adjournment is obtained from the parties. The purpose of the adjournment is to give the parties the opportunity to prepare to meet the newly identified issue.(3) To secure a knowing and informed waiver on the record, an administrative law judge shall do all of the following: (a) Advise the parties that an issue or issues or a period of time not specified in the hearing notice has been or is about to be raised.(b) Advise the parties of the nature of such issue and the consequences of his or her ruling on such issue.(c) Advise the parties of the right to request an adjournment or stipulate to continue with the hearing.(4) With regard to that part of an administrative law judge decision which rules on an issue or a period of time not specified in the notice of hearing and where a waiver of adjournment has not been obtained, as required under subrules (2) and (3) of this rule, the Michigan compensation appellate commission may remand, set aside, modify, reverse, or affirm on appeal.(5) If the agency, a party, or the administrative law judge discovers new, additional, or corrected information or administrative clerical error before or during the course of a hearing, which could affect the agencys position on a case, the administrative law judge may return the matter to the agency for reconsideration or redetermination.Mich. Admin. Code R. 792.11410
2015 MR 1, Eff. Jan. 15, 2015