Section R. 792.10131 - Proposals for decisionRule 131.
(1) In the absence of authority conferred by statute, administrative rule, or delegation to issue a final decision, the administrative law judge who conducted the hearing or who has read the complete record shall issue a proposal for decision.(2) When the final decision is made by a person who did not conduct the hearing or review the record, the decision, if adverse to a party other than the agency itself, shall not be made until a proposal for decision is served on the parties and an opportunity is given to each party adversely affected to file exceptions and present written arguments to the person who will make the final decision. On review of a proposal for decision, the final decision authority shall have all of the powers that it would have if it had presided at the hearing.(3) The proposal for decision shall be issued by the administrative law judge who conducted the hearing or who has read the complete record and shall contain findings of fact and conclusions of law, including rationale for conclusions reached.(4) A proposal for decision becomes a final decision in the absence of the timely filing of exceptions or review by an agency with final decision authority.Mich. Admin. Code R. 792.10131
2015 AACS; 2023 MR 19, Eff. 9/29/2023