Mich. Admin. Code R. 432.1702

Current through Vol. 24-19, November 1, 2024

Section R. 432.1702 - Request for hearing

Rule 702.

(1) A request for hearing must meet all of the following requirements:

(a) Be in writing.

(b) State the name, current address, and current telephone number of the petitioner.

(c) State in detail the reasons why, and the facts upon which the petitioner will rely to show that, the petitioner's application for a license should not have been denied, the license should have been renewed, the transfer of ownership should have been approved, the petitioner should not have been placed on the exclusion list, or approval should have been granted.

(d) Be signed, verified, and dated. A petitioner must have the verification notarized and include a certification stating, "Under the penalty of perjury, the undersigned has examined this request for hearing and to the best of my knowledge and belief, it is true, complete, and correct."

(2) A request for hearing must be submitted within 21 days after service of the notice of denial, notice of nonrenewal, exclusion, or disapproval. A request for a hearing submitted by certified mail or overnight express mail will be deemed submitted in a timely manner if it is postmarked not later than 21 days after service of a notice of denial, notice of nonrenewal, exclusion, or disapproval.

(3) A request for a hearing is deemed granted unless denied.

(4) Once a request for a hearing is granted, the executive director will assign a title and case number to the matter.

(5) A request for a hearing may be withdrawn by the petitioner. If the request for hearing is withdrawn, then the initial denial, nonrenewal, placement on the exclusion list, or disapproval becomes a final board order.

(6) Unless the board denies a request for hearing, the board will submit the request for hearing to the appropriate state agency, and a hearing will be conducted in accordance with the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.

(7) Default judgment or dismissal may result at any stage of the proceeding.

Mich. Admin. Code R. 432.1702

1998-2000 AACS; 2019 MR 9, Eff. 5/17/2019