DEPARTMENT OF STATE POLICE

                         CENTRAL RECORDS DIVISION

                                 HEARINGS


(By authority conferred upon the department of state police by sections  2
and 4 of Act No. 197 of  the  Public  Acts  of  1952,  as  amended,  being
SS24.102 and 24.104 of the Michigan Compiled Laws)


R  28.4011   Conduct and appeals.
  Rule 11.  (1)  A  hearing  conducted  by  the  department  shall  be  in
accordance with sections 1 to 7 of Act No. 197 of the Public Acts of 1952,
as amended, being SS24.101 to 24.107 of the Michigan Compiled Laws.
  (2) An appeal from a final decision rendered according  to  these  rules
shall be taken pursuant to sections 8 and 9 of Act No. 197 of  the  Public
Acts of 1952, being SS24.108 and 24.109 of the Michigan Compiled Laws.

  History:  1979 AC.


R  28.4012   Notices.
  Rule 12. (1) The department shall set a time for a hearing without undue
delay and shall send written notice by registered or  certified  mail  not
less than 14 days before the date of the hearing.
  (2) The notice of a hearing,  in  addition  to  statutory  requirements,
shall include:
  (a) A statement of the legal authority and jurisdiction under which  the
hearing is to be held.
  (b) A reference to the particular sections of  the  statutes  and  rules
involved.
  (c) A short  and  plain  statement  of  the  matters  asserted.  If  the
department or other party is unable to state the matters in detail at  the
time notice is served, the initial notice may state the  issues  involved.
Thereafter, on application, the department or other party shall furnish  a
more definite and detailed statement of facts and issues.

  History:  1979 AC.


R  28.4013   Defaults, answers, and adjournments.
  Rule 13. (1) If a party fails to appear after proper service of  notice,
the department, if no adjournment is granted, may proceed with the hearing
and make its decision in the absence of the party.
  (2) A party who has been served with a notice  of  hearing  may  file  a
written answer before the date set for hearing.
  (3) At the hearing or by appropriate notice to all parties,  on  request
of a party or on its own motion,  the  department  or  its  representative
conducting the hearing may by announcement continue the hearing  from  day
to day or by order adjourn the hearing to  a  later  date.  A  continuance
shall not be granted which will delay the hearing an  unreasonable  period
of time.

  History:  1979 AC.


R  28.4014   Production of records.
  Rule 14. On a request for identifiable department records,  relevant  to
matters involved, except  records  exempt  from  disclosure  by  law,  the
department shall make such records promptly  available  to  a  party.  The
circuit court of the county in which a party resides or  has  a  place  of
business, or in which the department records are located, has jurisdiction
to order the production of department records improperly withheld from the
party and shall determine de novo the right of the party to  examine  such
records. The  burden  as  to  such  issue  shall  be  on  the  department.
Proceedings solely for such relief shall be assigned for  hearing  at  the
earliest practicable date and expedited in every way.

  History:  1979 AC.


R  28.4015   Statements of facts, evidence, depositions, and arguments.
  Rule 15. (1) A person who requests a hearing shall submit in  writing  a
full and accurate statement of the facts on which his request  is  founded
to the department and to all parties in interest. The statement  of  facts
shall be accepted in evidence.
  (2) Irrelevant, immaterial, or unduly  repetitious  evidence,  shall  be
excluded. Objections to offers of evidence shall be noted in  the  record.
If a hearing will be expedited  and  the  interests  of  the  parties  not
prejudiced substantially, evidence may be received in written  form  under
oath before a notary public.
  (3) A deposition may be used in lieu of other evidence if it is taken in
compliance with the general court rules.
  (4) The parties shall be  given  an  opportunity  to  present  oral  and
written argument on issues of law and policy and an opportunity to present
evidence and argument on issues of fact.

  History:  1979 AC.


R  28.4016   Official notice.
  Rule 16. (1) On taking official notice of a fact which may be disputable
or crucial, the department shall notify all parties of  the  noticed  fact
and its source and give all parties the opportunity for  cross-examination
and for contesting the fact through written  submission  of  evidence  and
arguments.
  (2) If the department takes official notice of a fact in the process  of
preparing a final report, it shall determine  whether  a  party  shall  be
given an opportunity to contest such fact before a decision is  announced.

  History:  1979 AC.


R  28.4017   Decisions.
  Rule 17. If a party  submits  proposed  findings  of  fact  which  would
control the decision, the  department  shall  include  a  ruling  on  each
proposed finding of fact. Each conclusion of law  shall  be  supported  by
authority or reasoned opinion.

  History:  1979 AC.


R  28.4018   Records.
  Rule 18. The department shall prepare an official record of the  hearing
which shall include:
  (a) Pleadings, motions and intermediate rulings.
  (b) Questions and offers of proof, objections and rulings thereon.
  (c) Evidence received or considered.
  (d) Matters officially noticed.
  (e) Proposed findings and exceptions.
  (f) Any decision, opinion or report by  the  officer  presiding  at  the
hearing.

  History:  1979 AC.


R  28.4019   Rehearings.
  Rule 19. (1) Unless otherwise provided by law the department may order a
rehearing on its own motion or on motion of a party which is based on 1 or
more of the following grounds:
  (a) That the  department  findings  were  based  on  physical  tests  or
examinations not supported by proofs and evidence.
  (b) That the staff reports used in evidence were not made available  for
examination by the parties for a reasonable time before the hearing.
  (c) That the record of testimony made at the hearings is asserted to  be
inadequate for purposes of a judicial review.
  (2) A motion or application for a rehearing shall be  filed  within  the
time fixed by the act for instituting proceedings for judicial  review.  A
rehearing shall be noticed and conducted and considered in the same manner
as an original hearing.

  History:  1979 AC.