DEPARTMENT OF EDUCATION
SUPERINTENDENT OF PUBLIC INSTRUCTION
SUPERINTENDENT OF PUBLIC INSTRUCTION HEARINGS
Filed with the secretary of state on June 10, 2022
This rule takes effect immediately upon filing with the secretary of state unless adopted
under section 33, 44, or 45a(9) of the administrative procedures act of 1969, 1969 PA
306, MCL 24.233, 24.244, or 24.245a. Rules adopted under these sections become
effective 7 days after filing with the secretary of state.
(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 of the Michigan Administrative Code is amended as follows:
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
May 26, 2022