Section R. 125.1013 - Authority of boardRule 13.
(1) In reviewing a report of the presiding officer, the board, by concurrence of a majority vote of the members present at the meeting, shall have all the powers which it would have if it had presided at the hearing. The board may affirm, modify, or reverse the presiding officer's determination. In reviewing a proposed declaratory ruling of the presiding officer, the board, by concurrence of a majority of the members present at the meeting, may affirm, modify, or revise the declaratory ruling.(2) If the board finds that the record is inadequate, the board may order the matter remanded to the presiding officer and shall identify those items upon which additional information is needed.(3) The board may hear oral argument.(4) The board, upon request, shall permit a party to submit a brief relative to an issue raised in the matter before it. The board may request briefs from the parties.(5) A final decision or order shall be made only upon consideration of the record as a whole or such portion thereof as may be cited by a party to the proceeding and as supported by and in accordance with the competent, material, and substantial evidence.(6) Prior to a final decision, the board, on its own motion or at the request of a party, may order the matter to the presiding officer for rehearing.(7) After a final decision, the board may order a rehearing in accordance with section 87 of Act No. 306 of the Public Acts of 1969, as amended, being S24.287 of the Michigan Compiled Laws, under the following provisions:(a) Within 60 days after the issuance of a final order at the request of a party who demonstrates appropriate justification for any of the following reasons: (i) The exception request has been denied with prejudice based on the fact that the applicant failed to appear at the hearing. The rehearing will only be granted in this case when the applicant demonstrates good cause for having failed to appear.(ii) The project design has changed and the record upon which the board based its decision is no longer accurate.(iii) Substantial, relevant information which would have a bearing upon the decision of the board becomes available, when such information was not available at the previous hearing.(b) On its own motion if the record of testimony made at the hearing is found to be inadequate for purposes of judicial review.Mich. Admin. Code R. 125.1013