Michigan Administrative Code
Department - Licensing and Regulatory Affairs
Liquor Control Commission
Hearing and Appeal Practice
Section R. 436.1917 - Violation appeal hearings; appeal board

Universal Citation: MI Admin Code R. 436.1917

Current through Vol. 24-04, March 15, 2024

Rule 17.

(1) A licensee aggrieved by an order of a hearing commissioner or duly authorized agent as a result of a complaint may request a violation appeal hearing which may be granted at the discretion of the appeal board.

(2) The violation appeal board consists of the 3 administrative commissioners who shall conduct violation appeal hearings.

(3) A request for a violation appeal hearing shall identify the date of the violation hearing, the order which was issued as a result of the violation hearing, and the licensee's reasons for requesting an appeal.

(4) The request for a violation appeal hearing shall consist of 4 copies which shall be sent, by certified mail, to the Lansing office of the commission accompanied by a check or money order for $25.00 within 20 days from the date of the mailing of the order from which the appeal is taken.

(5) An appeal based on a claim of error shall specify all findings of fact and conclusions of law claimed to be erroneous, with a brief statement of the grounds for claiming error.

(6) A request for a violation appeal hearing, which is sent to the commission after 20 days from the date of the mailing of the order from which the appeal is taken, may be granted by the commission if the delay is not due to the culpable negligence of the licensee appellant.

(7) An answer to a request for an appeal from a violation may be prepared by an assistant attorney general before the date of the appeal hearing.

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