DEPARTMENT OF FAMILY INDEPENDENCE AGENCY

FAMILY SERVICES ADMINISTRATION

INTER COUNTY DISPUTES

(By authority conferred on the department of social services by section 9 of Act No.

380 of the Public Acts of 1965, as amended, sections 2 and 5 of Act No. 116 of the

Public Acts of 1973, as amended, section 3 of Act No. 381 of the Public Acts of

1974, as amended, and sections 5, 10, and 13 of Act No. 218 of the Public Acts of 1979,

as amended, being SS16.109,

PART 2. INTER-COUNTY DISPUTES

R 400.31 Appeal; petition.

Rule 31. To appeal a dispute with another county or counties concerning the

settlement of an applicant or recipient with respect to any form of public assistance, a

county shall file a written petition with the director of administrative hearings. The

petition shall clearly explain the nature of the dispute and provide a factual background

of the dispute.

History: 1944 AC; 1954 AC; 1979 AC; 1997 AACS.

R 400.32 Answer.

Rule 32. Upon notice from the family independence agency (FIA), the

defending county or counties shall file an answer to the original petition that clearly

explains the county of counties position in the dispute.

History: 1944 AC; 1954 AC; 1979 AC; 1997 AACS.

R 400.33 Dispute Assignment.

Rule 33. The director of FIA administrative hearings shall assign the dispute to a

senior level administrative law judge to hear the dispute pursuant to the provisions of

Act No. 306 of the Public Acts of 1969, as amended, being SS24.201 et seq. of the

Michigan Compiled Laws.

History: 1944 AC; 1954 AC; 1979 AC; 1997 AACS.

R 400.34 Prehearing Conference.

Rule 34. (1) The assigned administrative law judge shall conduct a prehearing

conference either in person or by telephone.

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(2) At the prehearing conference the administrative law judge shall do all of the

following:

(a) Ascertain the nature of the dispute.

(b) Determine the necessary parties to the dispute and the necessary witnesses.

(d) Set the date and time of hearing.

(e) Issue subpeonas.

(f) Resolve any other preliminary matters that the law judge deems necessary

and appropriate.

History: 1944 AC; 1954 AC; 1979 AC; 1997 AACS.

R 400.35 Hearing date; hearing place; notice.

Rule 35. The assigned administrative law judge shall set a date and place for the

hearing and shall give every party to the dispute fair written notice of the date, place, and

time of the hearing. The hearing shall be held in the offices of the FIA administrative

hearings division, unless a client involved in the dispute requests that the hearing be

held in a location more convenient to the client.

History: 1944 AC; 1954 AC; 1979 AC; 1997 AACS.

R 400.36 Representation; evidence.

Rule 36. (1) A party to a dispute may be represented by another person.

(2) A party to a dispute may present witnesses and evidence if the presiding

administrative law judge determines that the witnesses or evidence has a direct bearing

on the dispute and if the witnesses or evidence is presented in compliance with

sections 71 to 87 of Act No. 306 of the Public Acts of 1969, as amended, being

SS24.271 to 24.287 of the Michigan Compiled Laws.

History: 1944 AC; 1954 AC; 1979 AC; 1997 AACS.

R 400.37 Findings of fact; proposal for decision.

Rule 37. The presiding administrative law judge shall hear and weigh all evidence

and shall prepare written findings of the facts and a proposal for decision. The

findings of fact and the proposal for decision shall be mailed to the counties involved in

the dispute for their review and an opportunity to file exceptions.

History: 1944 AC; 1954 AC; 1979 AC; 1997 AACS.

R 400.38 Director decision.

Rule 38. The director of the family independence agency shall review the proposal

for decision and any exceptions and shall issue a decision. The decision shall be final

and binding on the parties.

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