Opinion
99-40.
July 5, 2000.
On order of the Court, this is to advise that the Court is considering an amendment of Rule 9.118 of the Michigan Court Rules. Before determining whether the proposal should be adopted, changed before adoption, or rejected, this notice is given to afford any interested person the opportunity to comment on the form or the merits of the proposal. We welcome the views of all who wish to address the proposal or who wish to suggest alternatives. Before adoption or rejection, this proposal will be considered at a public hearing by the Court. The Clerk of the Court will publish a schedule of future public hearings.
As whenever this Court publishes an administrative proposal for comment, we emphasize that publication of this proposal does not mean that the Court will issue an order on the subject, nor does it imply probable adoption of the proposal in its present form.
[The present language would be amended as indicated below.]
Rule 9.118 Review of Order of Hearing Panel
(A) Review of Order; Time.
(1) — (2) [Unchanged.]
(3) A delayed petition for review may be considered by the board chairperson under the guidelines of MCR 7.205(F).If a petition for review is filed more than 12 months after the order of the hearing panel is entered, the petition may not be granted. (B) — (F) [Unchanged.]
Staff Comment: The proposed amendment of MCR 9.118(A)(3) would provide that the 12-month period specified in MCR 7.205(F)(3) for late appeals in the Court of Appeals is applicable to petitions for review of orders issued by hearing panels.
The staff comment is published only for the benefit of the bench and bar and is not an authoritative construction by the Court.
Publication of this proposal does not mean that the Court will issue an order on the subject, nor does it imply probable adoption in its present form. Timely comments will be substantively considered, and your assistance is appreciated by the Court.
A copy of this order will be given to the secretary of the State Bar and to the State Court Administrator so that they can make the notifications specified in MCR 1.201. Comments on this proposal may be sent to the Supreme Court clerk by October 1, 2000. When filing a comment, please refer to our file No. 99-40.