DEPARTMENT OF EDUCATION  
SUPERINTENDENT OF PUBLIC INSTRUCTION  
SUPERINTENDENT OF PUBLIC INSTRUCTION HEARINGS  
(By the authority conferred on the superintendent of public instruction by section 33 of  
the administrative procedures act of 1969, 1969 PA 306, MCL 24.233, and Executive  
Reorganization Order No. 1996-6, MCL 388.993)  
R 349.291 Procedure for conducting hearings before the superintendent of public  
instruction.  
Rule 1. (1) The superintendent of public instruction or designee shall send a notice of  
hearing before the superintendent of public instruction or designee to all interested parties  
by certified mail, return receipt requested. The notice of hearing must state the date, time,  
and place of the hearing, the manner in which the superintendent of public instruction or  
designee will conduct the hearing, including, but not limited to, an in-person format or a  
virtual format, the issues involved, and the reasons for holding the hearing. The  
superintendent of public instruction or designee shall send the notice of hearing at least  
20 days before the date scheduled for the hearing. Unless indicated otherwise in the  
notice of hearing, the superintendent of public instruction or designee shall hold the  
hearing in the offices of the superintendent of public instruction in Lansing, Michigan.  
(2) A person may appear at a hearing under this rule in person, by a duly authorized  
representative, or by counsel.  
(3) A person who receives a notice of hearing under this rule may do 1 or both of the  
following:  
(a) At least 10 days before the date of the hearing, file with the superintendent of public  
instruction or designee, and serve on all interested parties, a written answer to the notice  
of hearing or a brief addressing the issues identified in the notice of hearing.  
(b) At the hearing, present an oral statement addressing the issues identified in the  
notice of hearing.  
(4) If a person to whom the superintendent of public instruction or designee sends a  
notice of hearing under this rule fails to appear at the hearing, the superintendent of  
public instruction or designee may proceed with the hearing and issue a decision based on  
the evidence presented.  
(5) A person requesting a hearing before the superintendent of public instruction shall  
file in writing with the superintendent of public instruction, and shall serve on all  
interested parties, a statement of the reasons for the request and a fair and accurate  
statement of the relevant facts. An interested party may file with the superintendent of  
public instruction a written response to the statement of the reasons for the hearing and  
the statement of facts and shall serve the response on all interested parties.  
(6) A motion for adjournment of a hearing under this rule must be in writing and must  
state the reasons why an adjournment is necessary. The moving party shall file the  
motion for adjournment with the superintendent of public instruction or designee not less  
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than 5 days before the scheduled hearing unless the superintendent of public instruction  
or designee finds good cause for filing the motion at a later date.  
(7) The parties to a hearing under this rule may, by a stipulation in writing filed with the  
superintendent of public instruction or designee, agree on the facts or any portion of the  
facts involved in the matter.  
(8) The parties to a hearing under this rule may submit evidence in the form of  
depositions if the superintendent of public instruction or designee finds that it is  
impractical or impossible to obtain the evidence in another manner. If the superintendent  
of public instruction or designee allows depositions, MCR 2.301 to 2.308 and MCR  
2.315 apply.  
(9) As used in this rule:  
(a) “File” means to send by mail, email, or facsimile or deliver in person. For purposes  
of filing under this rule, the address for mail and personal delivery is: Office of  
Administrative Law, Michigan Department of Education, P.O. Box 30008, 608 W.  
Allegan Street, Lansing, MI 48909. The email address is: MDE-  
SuperintendentAppeals@michigan.gov, and the facsimile number is: 517-241-6987.  
(b) “Person” means an individual, partnership, association, corporation, limited liability  
company, limited liability partnership, governmental subdivision, or public or private  
organization of any kind.  
(c) “Serve” means to send by mail, email, or facsimile or deliver in person.  
(10) This rule is subject to Executive Reorganization Orders No. 2005-1, 2011-4, and  
2019-1, MCL 445.2021, 445.2030, and 324.99923.  
History: 1954 AC; 1979 AC; 2022 MR 11, June 17, 2022.  
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