Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 18 - SPECIAL EDUCATION HEARINGS › Section R. 792.11803 - Administrative law judge; power and authority

Current through Vol. 24-12, July 15, 2024
Rule 1803. An administrative law judge may do any of the
					 following:
(a) Sequester witnesses at
				  any party's request.
(b) Sign and
				  issue subpoenas compelling witness attendance and testimony or production of
				  documentary or physical evidence on the administrative law judge's own
				  initiative or at the request of a party.
(c) Determine the order of proofs.
(d) Accept stipulations of fact and base
				  statements of fact on such stipulations.
(e) Order an evaluation at public expense of
				  a person who is the subject of the hearing.
(f) Take official notice of judicially
				  cognizable facts.
(g) Admit and
				  give probative effect to evidence of a type commonly relied upon by reasonably
				  prudent people in the conduct of their affairs, and provide guidance regarding
				  evidentiary questions.
(h) Exclude
				  irrelevant, immaterial, or unduly repetitious evidence.
(i) Bar evidence or testimony, upon the
				  request of the opposing party, that was not timely disclosed as required by
				  applicable law or regulation or by the schedule determined at the prehearing
				  conference.
(j) Question any sworn
				  witness at the hearing before any party questions the witness, after the
				  parties complete their initial examination of the witness or, to the extent
				  necessary to clarify the administrative law judge's understanding of the
				  witness' testimony, at any time during the hearing.
(k) Limit the number of lay or expert
				  witnesses a party may call on an issue, as necessary, to avoid unnecessary or
				  cumulative evidence.
(l) Require
				  that conflicting experts address the issue or issues on the record.
(m) Visit and observe any relevant location,
				  upon notice to the parties.
(n)
				  Permit taking of evidence by deposition, by video conferencing, or by other
				  similar mechanisms. All parties shall be given an opportunity to examine or
				  cross examine the witness under oath.
(o) Grant a party's request for a specific
				  extension of the time limit for completion of a hearing. The administrative law
				  judge shall require the parties to establish good cause for the extension. The
				  administrative law judge may require submission of documentation to establish
				  the need for the extension and may require a party's representative to
				  establish his or her client's knowledge of the request. The administrative law
				  judge may provide written notice directly to the parties of any extension
				  requested and the grounds for the request, as well as of the administrative law
				  judge's written determination to grant or deny a request for an extension. The
				  administrative law judge may condition the grant of an extension of the time
				  limit on any other just terms.
(p)
				  Require the parties to file 1 or more additional copies of all documents filed
				  with the hearing system and may direct that 1 additional copy be filed with all
				  personal identifiers deleted.
(q)
				  Unless the affected party consents, require a representative seeking to
				  withdraw from representation, to show, after notice to the party and
				  opportunity to respond, good cause for the withdrawal.
(r) Impose, at the request of a party or on
				  the administrative law judge's own initiative, sanctions on any party, or
				  representative of a party who does any of the following:
(i) Fails to comply with these rules or any
				  proper order or requirement specified by the administrative law
				  judge.
(ii) Engages in ex parte
				  communication.
(iii) Disrupts a
				  hearing.