Michigan Administrative Code › Department - Labor and Economic Opportunity › Bureau of Services for Blind Persons › Vending Facility Program Rules › Section R. 393.56 - Evidentiary hearings

Current through Vol. 24-12, July 15, 2024
Rule 56.
(1) A
				licensee who is dissatisfied with an action of the commission arising from the
				operation or administration of the vending facility program may file a
				complaint with the commission requesting a full evidentiary hearing as required
				by the Randolph-Sheppard act of 1936, as amended,
				20 U.S.C.
				§§107 to
				107
				f, and the provisions of
				34 C.F.R.
				§395.13 (July 1, 1981). When a licensee
				is licensed, he or she shall be informed, in writing, of his or her right to,
				and the procedures to be followed in obtaining, a full evidentiary
				hearing.
(2) To request a full
				evidentiary hearing, a licensee shall file a written request with the
				commission within 15 working days from the date of the mailing of the decision
				issued as a result of an administrative review. If a licensee's request for a
				hearing is not timely, and if there is no showing of good cause for a late
				request, then the commission's administrative review is final.
(3) The commission, which shall be considered
				a party to an appeal, shall have 15 working days from service of the request
				for a hearing to file a response with the hearings office.
(4) The hearings office shall have 15 working
				days after receipt of the agency response to notify both parties of the time,
				date, and place of the hearing. The hearing shall be held at a time and place
				that is convenient to the licensee who is requesting a full evidentiary
				hearing.
(5) Hearings shall be
				conducted pursuant to the procedures in contested cases set forth in chapter 4
				of 1969 PA 306, MCL 24.271 to 24.287.
(6) Witnesses may be subpoenaed by the
				hearings officer on his or her own motion. Witnesses requested by the parties
				may also be subpoenaed by the hearings officer if the evidence of the witnesses
				is considered necessary and is not cumulative. Witnesses subpoenaed shall be
				allowed fees at the rate fixed by law. Witnesses the commission subpoenas shall
				be paid by the commission out of the funds appropriated for its
				administration.
(7) Any person may
				be represented by an attorney or other representative or may represent himself
				or herself.
(8) The hearings
				officer shall render a written proposed decision after the record is
				closed.
(9) If all requested
				documentation is available to the commissioners, they shall have 60 calendar
				days from receipt of the proposed decision to render a final agency
				decision.
(10) If a licensee is
				dissatisfied with the final agency decision, then the licensee may request that
				an ad hoc arbitration panel be convened, as authorized by the provisions of
				34 C.F.R.
				§395.13 (July 1, 1981).
(11) A licensee shall be advised that the
				decision of the ad hoc arbitration panel is final and binding on the parties,
				unless the decision is appealed pursuant to the provisions of the government
				organization and employees act,
				5 U.S.C.
				§101 et seq.