DEPARTMENT OF STATE  
BUREAU OF LEGAL SERVICES  
PROCEDURE FOR CONDUCTING HEARINGS  
(By authority of Act No. 197 of the Public Acts of 1952, as amended, being S24.101  
et seq. of the Michigan Compiled Laws)  
R 11.1 Definitions.  
Rule 1. The term "secretary of state" as used in these rules shall be deemed to  
mean:  
(a) The secretary of state or the deputy secretary of state.  
(b) Any employee of the department of state charged by law with conducting  
hearings.  
(c) Any employee of the department of state authorized by the secretary of state to  
conduct any hearing or hearings.  
History: 1979 AC.  
R 11.2 Notice of hearing.  
Rule 2. Notification of any hearing before the secretary of state will be by registered  
mail, and will state the date, time, place, issues involved and reasons for holding  
said hearing. Such notice will be mailed at least 10 days prior to said hearing. Unless  
indicated otherwise, all hearings will be held in the office of the secretary of state,  
State Capitol, Lansing, Michigan.  
History: 1979 AC.  
R 11.3 Appearance.  
Rule 3. When an appearance is made at a hearing, it shall be made either in person or  
by a duly authorized representative, or by counsel.  
History: 1979 AC.  
R 11.4 Answer; oral statement on charges; written briefs or arguments.  
Rule 4. The person or persons who have been served with a notice of hearing  
may, at his option, file a written answer thereto prior to the date set for hearing, or at  
said hearing may appear 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 secretary of state and opposite parties at least 5 days prior to the  
date set for the hearing.  
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History: 1979 AC.  
R 11.5 Failure to appear at hearing.  
Rule 5. If the person or persons who have been previously served with a notice of  
hearing fail to appear at a noticed hearing, the secretary of state may proceed with a  
hearing of the cases brought before him and may, on the evidence presented, make his  
decision.  
History: 1979 AC.  
R 11.6 Statement of facts.  
Rule 6. Any person who requests a hearing, shall submit in writing a full and  
accurate statement of facts upon which his request is made to the secretary of state and  
to all interested parties and such statement of facts shall be accepted in evidence.  
History: 1979 AC.  
R 11.7 Adjournment or continuance of hearing.  
Rule 7. No hearing shall be adjourned or continued, except upon order of the  
secretary of state or his agent conducting the hearing. All motions and requests for an  
adjournment, or continuance, shall be accompanied by a statement of the reasons  
therefor. No motion or request for an adjournment or continuance will be considered  
unless same is filed with the secretary of state at least 5 days prior to the date  
assigned for the hearing, except that the secretary of state or his agent may accept  
such request during a hearing or may waive the 5-day notification if proper showing  
is made that for reasons not within the control of the person or parties making the  
motion or request, the motion or request could not be filed within such time limit.  
History: 1979 AC.  
R 11.8 Stipulations.  
Rule 8. The parties to any hearing before the secretary of state, may, by stipulation  
in writing, filed with the secretary of state, agree upon the facts or any portion of the  
facts involved in the controversy, which stipulation shall be regarded and used as  
evidence on the hearing. Parties are requested to thus agree upon the facts whenever  
practicable.  
History: 1979 AC.  
R 11.9 Depositions.  
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Rule 9. Depositions shall only be taken upon written authority of the secretary of  
state when it appears to the secretary of state 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 in civil cases in the state of Michigan,  
being Michigan Statutes Annotated, Section 27.854, et seq., with all parties given an  
opportunity to cross-examine the witness under oath.  
History: 1979 AC.  
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