Rule 12. (1) The presiding officer shall conduct a hearing, in which case such
presiding officer shall prepare a written report. The report of the presiding officer shall
include statements of fact, including those factors identified in R 125.1014(2), as
applicable, conclusions of law, and a recommended decision.
(2) When the report is filed with the authorized agent of the board and the parties,
jurisdiction shall rest solely in the board. All motions, petitions, and other pleadings
filed subsequent to the filing of the report shall be addressed to the authorized
(3) A party may file comments on, or clarifications or objections to, the report of
the presiding officer, including written arguments, with the board. Any comment,
clarification, or objection shall be notarized and received by the board's authorized
agent before the board meeting.
History: 1988 AACS.
R 125.1013 Authority of board.
Rule 13. (1) In reviewing a report of the presiding officer, the board, by
concurrence of a majority vote of the members present at the meeting, shall have all the
powers which it would have if it had presided at the hearing. The board may affirm,
modify, or reverse the presiding officer's determination. In reviewing a proposed
declaratory ruling of the presiding officer, the board, by concurrence of a majority of
the members present at the meeting, may affirm, modify, or revise the declaratory
(2) If the board finds that the record is inadequate, the board may order the
matter remanded to the presiding officer and shall identify those items upon which
additional information is needed.
(3) The board may hear oral argument.
(4) The board, upon request, shall permit a party to submit a brief relative to an
issue raised in the matter before it. The board may request briefs from the parties.
(5) A final decision or order shall be made only upon consideration of the record as
a whole or such portion thereof as may be cited by a party to the proceeding and as
supported by and in accordance with the competent, material, and substantial evidence.
(6) Prior to a final decision, the board, on its own motion or at the request of a
party, may order the matter to the presiding officer for rehearing.
(7) After a final decision, the board may order a rehearing in accordance
with section 87 of Act No. 306 of the Public Acts of 1969, as amended, being S24.287
of the Michigan Compiled Laws, under the following provisions:
(a) Within 60 days after the issuance of a final order at the request of a party who
demonstrates appropriate justification for any of the following reasons:
(i) The exception request has been denied with prejudice based on the fact that
the applicant failed to appear at the hearing. The rehearing will only be granted in
this case when the applicant demonstrates good cause for having failed to appear.
(ii) The project design has changed and the record upon which the board based its
decision is no longer accurate.