Michigan Administrative Code
Department - Agriculture and Rural Development
Laboratory Division
RegulationNo 563 - Retail Gasoline Dealer Licensing
Section R. 285.563.7 - Hearings

(1) The notice of hearing shall state all of the following information:

(2) When an appearance is made at a hearing, it shall be made in person, by a duly authorized representative, or by counsel.

(3) The person or persons who have been served with a notice of hearing may file a written answer before the date set for hearing or may appear at the hearing and present an oral statement on the charges contained in the notice of hearing. When written briefs or arguments are presented, a copy shall be served upon the director not less than 5 days before the date set for the hearing.

(4) If the person or persons who have been previously served with a notice of hearing fail to appear at a noticed hearing, the director, hearing officer, or the member of the department staff authorized by law to conduct such hearings may proceed with the hearing and may, on the evidence presented, make a decision.

(5) A hearing shall not be adjourned or continued, except upon an order of the director, hearing officer, or the department employee conducting the hearing. All motions and requests for an adjournment or a continuance shall be in writing. The motion or request shall state concisely the reasons why an adjournment or continuance is necessary. A motion or request for an adjournment or a continuance will not be considered unless the motion or request is filed with the director not less than 5 days before the date assigned for the hearing, except upon order of the director, which exception will be granted only upon a showing that, for reasons not within the control of the person or party making the motion or request, the motion or request could not be filed within the time alloted.

(6) The parties to any hearing before the director may, by a stipulation in writing filed with the director, agree upon the facts or any portion of the facts involved in the controversy, which stipulation shall be regarded and used as evidence in the hearing. Parties are requested to agree upon the facts when practicable.

(7) Depositions shall only be taken upon written authority of the director where it is proved, in writing, to the director that it is impractical or impossible to otherwise obtain the evidence. Where depositions are permitted, they shall be taken according to the rules for taking depositions as set forth in the Michigan general court rules.