Michigan Administrative Code
Department - Insurance and Financial Services
Insurance
Uniform Trade Practices - Independent Hearing Officer
Section R. 500.1059 - Selection of independent hearing officer; procedure

Universal Citation: MI Admin Code R. 500.1059
Current through Vol. 24-04, March 15, 2024

Rule 9. Upon receiving a timely request from a respondent for the designation of a independent hearing officer, the commissioner shall select the name of a qualified candidate from the compiled list. To encourage participation by all qualified persons, the commissioner shall avoid undue reliance on any one person. The commissioner shall make an initial screening for bias and shall require the candidate to complete a current personal disclosure statement. In addition to other relevant information, the statement shall disclose any personal acquaintance with any of the parties to the contested case or their counsel and the nature of such acquaintance. If the statement reveals facts that establish or create the appearance of partiality, the commissioner shall select other names from the compiled list until a qualified, impartial candidate is found and shall designate, by order, that candidate as the hearing officer for the contested case. The order shall be promptly served upon the parties to the case and shall provide notice to the respondent of the respondent's right to a peremptory dismissal of the first hearing officer selected, if such right is exercised within 20 days after notification. If the respondent peremptorily dismisses the first designated hearing officer, the commissioner shall select another qualified, impartial candidate who shall not be subject to peremptory dismissal from the compiled list and shall designate, by order, that candidate as the hearing officer. The order shall be promptly served upon the parties to the case.

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