R 500.1057 Request for designation of independent hearing officer.
Rule 7. A person who is the subject of proceedings brought pursuant to the Michigan
uniform trade practices act, sections 2001 to 2050 of Act No. 218 of the Public Acts of
1956, as amended, being SS500.2001 to 500.2050 of the Michigan Compiled Laws,
hereinafter called respondent, shall have 20 days from the date the notice of hearing in a
contested case is received to request that the commissioner designate an independent
hearing officer. The right to such a designation shall be exercised in writing and shall be
received by the commissioner on or before the twentieth day after the date that the notice
of hearing is received. Failure to request the designation of an independent hearing
officer within such time shall operate as a waiver of the right to an independent hearing officer
designated under these rules. The respondent shall be informed in the notice of hearing of
the right to an independent hearing officer and of the time by which the request shall be made.
History: 1983 AACS.
R 500.1059 Selection of independent hearing officer; procedure.
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.
History: 1983 AACS.
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