Mich. Admin. Code R. 792.11411

Current through Vol. 24-21, December 1, 2024

Section R. 792.11411 - Conduct of hearing

Rule 1411.

(1) The administrative law judge shall conduct and control the hearing to develop the rights of the parties.

(2) At the beginning of the hearing, the administrative law judge shall identify all parties, representatives, and witnesses present and shall outline briefly the issues involved.

(3) Oral evidence at a hearing before an administrative law judge shall be taken only on oath or affirmation.

(4) Each party shall have all of the following rights:

(a) To call and examine witnesses.

(b) To introduce exhibits.

(c) To cross-examine opposing witnesses on any matter relevant to the issues, even though that matter was not covered in the direct examination.

(d) To impeach any witness, regardless of which party first called the witness to testify.

(e) To rebut the evidence against him or her.

(5) A party may be called and examined as if under cross-examination.

(6) Oral arguments may be presented at the conclusion of the hearing.

(7) The administrative law judge may allow a reasonable time after conclusion of the hearing for the filing of written argument.

(8) To secure the competent relevant and material evidence necessary to arrive at a fair decision, an administrative law judge may do any of the following:

(a) Adjourn the hearing.

(b) Direct the parties to present required evidence.

(c) Cause subpoenas to be issued.

(d) Examine any party or witness.

(9) If the claimant or employer is represented by legal counsel or an authorized agent, the administrative law judge shall allow legal counsel or the authorized agent to first conduct the direct examination of his or her witness before the administrative law judge further examines any party or witness.

(10) When an interested party is not represented by legal counsel or an authorized agent, the administrative law judge before whom the hearing is taking place shall advise the party of his or her rights, aid him or her in examining and cross-examining witnesses, and give every assistance to the party compatible with an impartial discharge of the administrative law judges official duties.

Mich. Admin. Code R. 792.11411

2015 MR 1, Eff. Jan. 15, 2015