3
(5) The agency, or 1 or more administrative law judges designated and authorized by the
agency, shall conduct and preside over the public investigative hearing and do all of the
following:
(a) Administer oaths or affirmations to witnesses called to testify at the hearing.
(b) Receive evidence in the form of testimony and exhibits.
(c) Establish and regulate the order of presentation and course of the public investigative
hearing; set the time and place for continued hearings; and fix the time for filing written
arguments, legal briefs, and other legal documents.
(d) Accept and consider relevant written and oral stipulations of fact and law that are made
part of the hearing record.
(6) Upon timely request of the applicant or the agency in accordance with the Michigan court
rules, the agency or the agency’s designated administrative law judge may issue subpoenas
duces tecum for the production of books, ledgers, records, memoranda, electronically retrievable
data, and other pertinent documents and issue subpoenas for witnesses to appear and testify as
appropriate to exercise and discharge the powers and duties under the act.
(7) During the public investigative hearing, the applicant and the agency must be given a full
opportunity to present witnesses, cross-examine witnesses, and present all relevant evidence
regarding the applicant’s eligibility and suitability for licensure.
(8) The applicant shall at all times have the burden of establishing, by clear and convincing
evidence, its eligibility and suitability for licensure under the acts and these rules.
(9) The agency shall record the public investigative hearing stenographically or by other
means, to ensure preservation of an accurate record of the hearing.
(10) Following the public investigative hearing, the executive director of the agency shall
affirm, reverse, or modify in whole or in part the denial of a marihuana license.
(11) The agency’s decision to affirm, reverse, or modify in whole or in part the denial of a
marihuana license must be based on the whole record before the agency and not be limited to
testimony and evidence submitted at the public investigative hearing.
(12) The agency’s decision to affirm, reverse, or modify in whole or in part the denial of a
marihuana license must be reduced to writing and served upon the applicant and agency within a
reasonable time.
R 420.704 Hearing on disciplinary actions.
Rule 4. (1) A licensee who has been notified of a marihuana license violation, or of the
agency’s intent to suspend, revoke, restrict, or refuse to renew a marihuana license or impose a
fine, may be given an opportunity to show compliance with the requirements before the agency
takinges action as prescribed by these rules.
(2) A licensee aggrieved by an action of the agency to suspend, revoke, restrict, or refuse to
renew a marihuana license, or to impose a fine, may request a contested case hearing in writing
within 21 days after service of notice of the intended action.
(3) Upon receipt of a timely request, the agency shall provide the licensee an opportunity for a
contested case hearing in accordance with sections 71 to 87 of the administrative procedures act,
MCL 24.271 to 24.287, and the MAHS general hearing rules.
(4) The contested case hearing must be conducted by an administrative law judge within the
MOAHR.