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(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 administer oaths and affirmations to witnesses 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 adequately ensure preservation of an accurate record of the hearing.
(10) Following the public investigative hearing, 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 proceedings 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
taking 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
Michigan office of administrative hearings and rules.
(5) Upon timely request of the licensee or the agency in accordance with the Michigan court
rules, an assigned administrative law judge may issue subpoenas duces tecum for the production
of books, ledgers, records, memoranda, electronically retrievable data, and other pertinent
documents, and administer oaths and affirmations to witnesses as appropriate to exercise and
discharge the powers and duties under the acts and these rules.
(6) The agency has the burden of proving, by a preponderance of the evidence, that sufficient
grounds exist for the intended action to suspend, revoke, restrict, or refuse to renew a state
license, or to impose a fine, or summarily suspend a state license.
R 420.705 Summary suspension.
Rule 5. (1) If the agency summarily suspends a marihuana license without notice or hearing
upon a determination that the safety or health of patrons or employees is jeopardized by