DEPARTMENT OF ENERGY, LABOR, AND ECONOMIC GROWTH

            STATE OFFICE OF ADMINISTRATIVE HEARINGS AND RULES

          Public School Retirement Board - General Hearing Rules

(By authority conferred on the State Office of  Administrative  Hearings  and 
Rules by Executive Order 2005-1, MCL 445.2021.)


                         PART 2. HEARING PROCEDURES


R  38.1201   Rescinded.

  History:  1985 AACS; 2009 MR 10, Eff. May 28, 2009.


R  38.1202   Right to a hearing; initiation of appeal;  representation  of
  system by attorney general.
  Rule 202. (1) An applicant who disagrees with a decision  of   the   system 
may appeal that decision to the board.
  (2) Any appeal shall be initiated by submission of a demand for  hearing on 
a form provided by the system  within  60   days   of   the   date   of   the 
decision being appealed from.
  (3) In any appeal,  the  system  may  be  represented   by   the   attorney 
general.

  History:  1985 AACS.


R  38.1203   Rescinded.

 History:  1985 AACS; 2009 MR 10, Eff. May 28, 2009.


R  38.1204   Rescinded.

 History:  1985 AACS; 2009 MR 10, Eff. May 28, 2009.


R  38.1205   Notification when allowance is terminated or reduced.
  Rule 205.  (1) Except in the case of death of the  retirant  or  retirement 
allowance beneficiary, where the system decides to terminate  a  monthly  age 
and service or disability benefit  granted  pursuant  to  the  provisions  of 
section 81, 86, or 87 of  the  act,  the  retirant  or  retirement  allowance 
beneficiary shall be notified in advance of the decision to terminate and the 
reasons therefor, and shall receive a statement of rights under the  act  and 
applicable rules to appeal such decision.  If benefits granted under  section 
89 or 90 of the act are to be terminated, the decision of the system  may  be 
implemented 20 days following notice to the retirement allowance beneficiary.
 If benefits granted pursuant to section 81, 86, or 87 of the act are  to  be 
terminated, the benefits shall be continued if  the  retirant  or  retirement 
allowance  beneficiary  requests  a  hearing  under  R  38.1202  pending  the 
conclusion  of  the  hearing  and  action  of  the  board  subsequent  to   a 
recommendation for decision by the hearing officer.  Following  the  decision 
of the board, its decision may be implemented.  If the retirant or retirement 
allowance beneficiary dies, a decision of the system may be implemented.   As 
set forth in section 88 of the  act,  the  decision  of  the  system  may  be 
implemented  if  a  disability  retirant  refuses  to  submit  to  a  medical 
examination.
  (2) Except in the case of death of the  retirant  or  retirement  allowance 
beneficiary, where the system decides to reduce, by more than 10%, a  monthly 
age and service or disability benefit pursuant to the provisions  of  section 
81, 86, or 87 of the act, the retirant or  retirement  allowance  beneficiary 
shall be notified in advance of the decision to reduce by more than  10%  and 
the reasons therefor, and shall receive a statement of rights under  the  act 
and applicable rules to appeal such  decision.   If  benefits  granted  under 
section 89 or 90 of the act are to be reduced by more than 10%, the  decision 
of the system may be implemented 20 days following notice to  the  retirement 
allowance beneficiary.  If benefits granted pursuant to section 81, 86, or 87 
of the act are to be  reduced  by  more  than  10%,  the  benefits  shall  be 
continued if the retirant or  retirement  allowance  beneficiary  requests  a 
hearing under R 38.1202 pending the conclusion of the  hearing   and   action 
of  the  board subsequent to  a  recommendation   for   decision    by    the 
hearing  officer.
Following the decision of the board, its decision may be implemented.

  History:  1985 AACS; 2004 AACS.


R  38.1206   Proposed decision; distribution; filing of exceptions.
  Rule 206. Following the  hearing,  a  copy  of   the   proposed   decision, 
findings of fact, and  conclusions  of  law  shall  be   forwarded   to   the 
parties. Within 15 days of the service, a party  may   file   exceptions   to 
such proposed decision. The exceptions shall be in writing  and  shall  state 
the findings or conclusions to which exception  is   taken.   Oral   argument 
shall not be granted, except upon direction of the board.  The  board   shall 
review the record, the proposed decision, findings of  fact,  conclusions  of 
law, and any exceptions filed and shall issue a   decision.   Following   the 
decision, a final order shall be entered.

  History:  1985 AACS.


R  38.1207   Rescinded.

  History:  1985 AACS; 2009 MR 10, Eff. May 28, 2009.