Sec. 71.
(1) The parties in a contested case shall be given an opportunity for a hearing without undue delay.
(2) The parties shall be given a reasonable notice of the hearing, which notice shall include:
(a) A statement of the date, hour, place, and nature of the hearing. Unless otherwise specified in the notice the hearing shall be held at the principal office of the agency.
(b) A statement of the legal authority and jurisdiction under which the hearing is to be held.
(c) A reference to the particular sections of the statutes and rules involved.
(d) A short and plain statement of the matters asserted. If the agency or other party is unable to state the matters in detail at the time the notice is given, the initial notice may state the issues involved. Thereafter on application the agency or other party shall furnish a more definite and detailed statement on the issues.
(3) A member of the legislature shall not be privileged from service of notice or other process pursuant to this chapter except on a day on which there is a scheduled meeting of the house of which he or she is a member. However, a member of the legislature shall not be privileged from service of notice or other process pursuant to this chapter on a day on which there is a scheduled meeting of the house of which he or she is a member, if such service of notice or process is executed by certified mail, return receipt requested.
History: 1969, Act 306, Eff. July 1, 1970 ;-- Am. 1984, Act 28, Imd. Eff. Mar. 12, 1984 Constitutionality: Administrative hearings under the Administrative Procedures Act, however informal, comport with the procedural fairness required by due process in the absence of an explicit statutory requirement that a contested evidentiary hearing be held. Convalescent Center v Blue Cross, 414 Mich 247; 324 NW2d 851 (1982).Popular Name: Act 306Popular Name: APA
Structure Michigan Compiled Laws
Chapter 24 - Printing and State Documents
Act 306 of 1969 - Administrative Procedures Act of 1969 (24.201 - 24.328)
306-1969-4 - Chapter 4 Procedures in Contested Cases (24.271...24.288)
Section 24.272 - Defaults, Written Answers, Evidence, Argument, Cross-Examination.
Section 24.273 - Subpoenas; Issuance; Revocation.
Section 24.274 - Oaths; Depositions; Disclosure of Agency Records.
Section 24.275 - Evidence; Admissibility, Objections, Submission in Written Form.
Section 24.276 - Evidence to Be Entered on Record; Documentary Evidence.
Section 24.277 - Official Notice of Facts; Evaluation of Evidence.
Section 24.278 - Stipulations; Disposition of Cases, Methods.
Section 24.279 - Presiding Officers; Designation; Disqualification, Inability.
Section 24.280 - Presiding Officer; Powers and Duties; “Nonmeeting Day” Defined.
Section 24.281 - Proposals for Decision; Contents.
Section 24.282 - Communications by Agency Staff; Limitations; Exceptions.
Section 24.285 - Final Decision and Order.
Section 24.286 - Official Records of Hearings.
Section 24.288 - Contested Case for Permit Under MCL 324.1301.