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R 38.1201 Rescinded.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 AACS.  
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R 38.1203 Rescinded.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 AACS.  
R 38.1204 Rescinded.  
History: 1985 AACS; 2009 AACS.  
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  
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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 AACS.  
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