Section R. 37.12 - HearingRule 12.
(1) Upon or after the issuance and service of a department-issued charge, the commission or director may schedule and summon the parties to a hearing. The commission may, at any time, schedule and conduct a hearing with respect to any matter that in the judgment of the commission may involve unlawful discrimination and may warrant investigation by the commission, regardless of whether a charge or complaint has been filed by or with the department.(2) Notice of the time and place of the hearing must be mailed, electronically served, or delivered to the parties not less than 21 days before the date of the hearing. Upon good cause shown, the commission or director may order a hearing upon shorter notice. However, notice of the time and place of a hearing upon shorter notice must be mailed, electronically served, or delivered to the parties not less than 7 days before the date of the hearing, unless notice is waived by each party.(3) A hearing must be conducted by 1 or more hearing commissioners, or 1 or more hearing referees, or any combination of hearing commissioners or hearing referees. The hearing commissioners or hearing referees shall hear the evidence and report to the commission.(4) Unless waived by the hearing commissioners or hearing referees, the claimant shall be present at the hearing. The respondent may appear at the hearing in person or by counsel, examine and cross-examine witnesses and, if an answer has been filed, may submit oral testimony and other evidence in support of the answer.(5) Subject to R 37.31, hearings must be held at a place designated by the commission or director having due regard for the convenience of the parties and witnesses.(6) The case in support of the charge must be presented at the hearing by the department's counsel or by a member of the department's staff, or upon notice from the claimant, by the claimant or his or her counsel, subject to the right of the department to present additional evidence or arguments.(7) Hearing commissioners or hearing referees have full authority to control the procedure of the hearing, admit or exclude testimony or other evidence without regard to strict rules of evidence, and rule upon all motions and objections, and may do any of the following:(a) By motion or at the request of a party, order witnesses excluded so that they cannot hear the testimony of other witnesses. The hearing commissioners or hearing referees shall not exclude a party, an individual designated by a party as its representative, or a person whose presence is shown by a party to be essential to the party's presentation of his or her position.(b) Examine witnesses and direct the production of papers or other evidence.(c) Hear oral testimony. Oral testimony must be given under oath or affirmation and verbatim stenographic notes of the hearing must be made and maintained by a competent reporter. Transcripts must be maintained and, before the issuance of a final order, be available to the hearing commissioners or hearing referees. Parties may obtain transcripts by making arrangements with the reporters, and the department is not responsible for providing transcripts to the parties before the issuance of final orders.(8) If hearings are conducted by 3 or more commissioners or referees, all rulings and determinations are made by majority rule.(9) Evidence of the department's endeavors at conciliation is not admissible at the hearing.(10) Hearing commissioners or hearing referees or a party may request a prehearing conference that the hearing commissioner or hearing referee may schedule, subject to objection by any party. A prehearing conference may be held to obtain admissions, stipulations as to fact and law, agreement on the issues, and to determine the authenticity of documents. A prehearing conference may be held in-person, by telephone, videoconference, or other electronic means. Written stipulations may be introduced in evidence if signed by each person sought to be bound, or by his or her counsel. Oral stipulations may be made on the record at open hearing.(11) Hearing commissioners or hearing referees may continue a hearing from day to day or adjourn it to a later date or to a different place by an announcement at the hearing or by appropriate notice to all parties.(12) Hearing commissioners or hearing referees shall allow the parties, their counsel, or the member of the department's staff presenting the case in support of the charge, and may allow interveners, to argue orally before them and to file briefs within the time limits the hearing commissioners or hearing referees determine.(13) Hearing commissioners or hearing referees may exclude any person who engages in improper conduct before them from the hearing room or from further participation in the proceeding, except a party, his or her counsel, or a witness engaged in testifying, each of whom are subject to appropriate disciplinary action by the commission.(14) Hearings must be open to the public, unless the hearing commissioners or hearing referees determine otherwise.(15) Any motion filed by a party after the issuance of a charge and before the hearing must be referred to the hearing commissioners or hearing referees for decision. The hearing commissioners or hearing referees may request briefs and schedule oral arguments, as they consider necessary, and, where appropriate, they may reserve their ruling until the conclusion of the hearing. All rulings upon motions must be included in the report of the hearing commissioners or hearing referees to the commission.(16) A party may submit, or the hearing commissioners or hearing referees may request, proposed findings of fact, proposed conclusions of law, and proposed orders at the conclusion of the hearing. All proposals must be submitted to the commission with the report of the hearing commissioners or hearing referees.Mich. Admin. Code R. 37.12
1979 AC; 2023 MR 10, Eff. 5/16/2023