DEPARTMENT OF CONSUMER AND INDUSTRY SERVICES  
INSURANCE BUREAU  
UNIFORM TRADE PRACTICES - INDEPENDENT HEARING OFFICER  
(By authority conferred on the commissioner of insurance by sections 210 and 2030 of Act No.  
218 of the Public Acts of 1956, as amended, being SS500.210 and 500.2030 of the Michigan  
Compiled Laws)  
R 500.1051 Qualifications.  
Rule 1. To qualify as an independent hearing officer for purposes of section 2030 of Act No. 218  
of the Public Acts of 1956, as amended, being S500.2030 of the Michigan Compiled Laws, a  
candidate shall meet all of the following criteria:  
(a) The candidate shall be an attorney who is licensed in this state to practice law.  
(b) The candidate shall not be a current employee of this state.  
(c) The candidate shall be able to hear and decide contested cases which involve alleged  
violations of Act No. 218 of the Public Acts of 1956, as amended, being S500.100 et seq. of the  
Michigan Compiled Laws, and known as the insurance code of 1956, with fairness and  
impartiality.  
History: 1983 AACS.  
R 500.1053 Advertisement of position; content; review of applications; notice to candidate  
of qualification or disqualification.  
Rule 3. The commissioner shall advertise the position of independent hearing officer in the state  
bar journal or comparable publication. The advertisements shall indicate the qualifications for the  
job and that application forms shall be requested from the American arbitration association. The  
association shall review the applications to determine if candidates are qualified and periodically  
shall submit a list of all qualified candidates, together with their applications, to the commissioner.  
The American arbitration association is responsible for informing each candidate of whether or  
not he or she is qualified. If a candidate is determined to be unqualified, the candidate shall be  
notified of the reason for the disqualification.  
History: 1983 AACS.  
R 500.1055 Independent hearing officer list; compilation; public inspection.  
Rule 5. The commissioner shall compile the lists of names submitted by the American arbitration  
association into an official, independent hearing officer list which shall be available for public  
inspection.  
History: 1983 AACS.  
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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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