Section R. 37.7 - Reconsideration of refusal to issue charge; request; hearingRule 7.
(1) A claimant may request that the department reconsider a summary of complaint or refusal to issue a charge on a certified complaint. The request must be in writing, state specifically the grounds upon which it is based, and be filed within 30 days after the date of mailing of the notice of disposition of which reconsideration is requested. It must be filed at any office of the department by personal delivery or by mail.(2) A reconsideration of a summary of complaint must review whether the request for reconsideration is timely filed and if the allegations are jurisdictional.(3) Reconsideration of a closed or dismissed certified complaint must be filed within 30 days of closure or dismissal and must address the following 3 criteria:(a) Whether an adequate investigation was conducted.(b) Whether there is new probative evidence that may change the result of the investigation.(c) Whether the determination was made in error.(4) The department may authorize a hearing on the request for reconsideration at a time and place before the hearing commissioner or commissioners or hearing referee or referees as it or the director may determine, and notice must be given to all parties to the proceedings by mail, electronic service, or delivery. The parties may appear in person or by counsel, present witnesses and testimony, and examine and cross-examine witnesses. Verbatim stenographic notes of the proceedings must be made and maintained by a competent reporter. The hearing commissioner or commissioners or hearing referee or referees shall report to the commission on the proceedings. The commission shall determine whether the department shall consider the matter further, and notify all parties by registered or certified mail, return receipt requested, and issue instructions for appropriate action based upon such determination.Mich. Admin. Code R. 37.7
1979 AC; 2023 MR 10, Eff. 5/16/2023