Michigan Administrative Code › Department - Treasury › Michigan Gaming Control Board › Michigan Gaming Control Board - Administrative Rules - Casino Gaming (Parts 1-16) › Part 11 - SEIZURE, FORFEITURE AND DISCIPLINARY HEARINGS › Section R. 432.11106 - Proceedings

Current through Vol. 24-12, July 15, 2024
Rule 1106.
(1) All
				  proceedings related to seizures, forfeitures, and disciplinary hearings shall
				  be conducted in accordance with Act No. 306 of the Public Acts of 1969, as
				  amended, being §
										24.201et
				  seq. of the Michigan Compiled Laws, and the procedures for denial and exclusion
				  hearings, except as otherwise provided in the act and these rules. The board
				  shall have the affirmative responsibility of establishing, by a preponderance
				  of the evidence, that the respondent should be disciplined or the gaming device
				  or gaming devices should be seized and forfeited.
(2) The respondent has the burden of proof to
				  prove the allegations in an affirmative defense contained in the answer. The
				  respondent shall have the affirmative responsibility of establishing the
				  elements of an affirmative defense by a preponderance of the
				  evidence.
(3) Testimony shall be
				  given under oath or affirmation. The hearing officer or recorder shall be
				  authorized to administer oaths and affirmations.
(4) Both parties may present an opening
				  statement on the merits. The board proceeds first followed by the respondent.
				  The respondent may reserve opening statement for a later time. The hearing
				  officer may determine the length of time each party is permitted to present an
				  opening statement. The parties may call witnesses in accordance with Act No.
				  306 of the Public Acts of 1969, as amended, being §
										24.201et
				  seq. of the Michigan Compiled Laws and, subject to the discretion of the
				  hearing officer, a former member of the board or former employee of the board
				  may appear to testify as a fact witness about actions by the member or employee
				  during his or her tenure as a member or employee with the board. A licensee,
				  applicant, or the board shall not compensate a fact witness for his or her
				  appearance other than a standard witness fee and reimbursement for travel
				  expenses as established by statute or court rule.
(5) The board shall then present the board's
				  case-in-chief.
(6) Upon conclusion
				  of the board's case-in-chief, the respondent may move for a directed finding.
				  The hearing officer may hear arguments on the motion or may grant, deny, or
				  reserve any decision on the motion, with or without argument.
(7) If a motion for directed finding is not
				  made, or if the motion is denied or a decision reserved on the motion, the
				  respondent may present its case.
(8) Each party may conduct cross-examination
				  of adverse witnesses.
(9) Upon
				  conclusion of the respondent's case, the board may present evidence in
				  rebuttal.
(10) The hearing officer
				  may ask questions of the witnesses and may request or allow additional evidence
				  at any time, including additional rebuttal evidence.
(11) Both parties may present closing
				  argument. The board proceeds first, then the respondent, and, thereafter, the
				  board may present rebuttal argument. The hearing officer may determine the
				  length of time each party is permitted for the presentation of closing
				  argument.
(12) The hearing officer
				  may require or allow the parties to submit post-hearing briefs and findings of
				  fact and conclusions of law within 10 days of the conclusion of the hearing or
				  within another time period determined by the hearing officer.
(13) Only the board and the respondent may be
				  parties in proceedings under this rule, except that the attorney general may
				  intervene and represent the interests of the people of the state of Michigan in
				  accordance with state law.