DEPARTMENT OF EDUCATION SUPERINTENDENT OF PUBLIC INSTRUCTION SUPERINTENDENT OF PUBLIC INSTRUCTION HEARINGS Filed with the secretary of state on These rules become effective immediately after filing with the secretary of state unless adopted under section 33, 44, or 45a(9) of the administrative procedures act of 1969, 1969 PA 306, MCL 24.233, 24.244, or 24.245a. Rules adopted under these sections become effective 7 days after filing with the secretary of state.
(By the authority conferred on the superintendent of public instruction by section 33 of the administrative procedures act of 1969, 1969 PA 306, MCL 24.233, and Executive Reorganization Order Nos. 1996-6, 2005-1, 2011-4, and 2019-1, MCL 388.993, 445.2021, 445.2030, and 324.99923)
R 349.291 of the Michigan Administrative Code is rescinded, as follows:
R 349.291 Procedure for conducting hearings before the
superintendent of public
instruction Rescinded.
Rule 1. (1) The superintendent of public instruction or
designee shall send a notice of hearing before the superintendent of public
instruction or designee to all interested parties by certified mail, return
receipt requested. The notice of hearing must state the date, time, and place
of the hearing, the manner in which the superintendent of public instruction or
designee will conduct the hearing, including, but not limited to, an in-person
format or a virtual format, the issues involved, and the reasons for holding
the hearing. The superintendent of public instruction or designee shall send
the notice of hearing at least 20 days before the date scheduled for the
hearing. Unless indicated otherwise in the notice of hearing, the
superintendent of public instruction or designee shall hold the hearing in the
offices of the superintendent of public instruction in Lansing, Michigan.
(2) A person may appear at a hearing under this rule in
person, by a duly authorized representative, or by counsel.
(3) A person who receives a notice of hearing under
this rule may do 1 or both of the following:
(a) At least 10 days before the date of the hearing,
file with the superintendent of public instruction or designee, and serve on
all interested parties, a written answer to the notice of hearing or a brief
addressing the issues identified in the notice of hearing.
(b) At the hearing, present an oral statement
addressing the issues identified in the notice of hearing.
(4) If a person to whom the superintendent of public
instruction or designee sends a notice of hearing under this rule fails to
appear at the hearing, the superintendent of public instruction or designee may
proceed with the hearing and issue a decision based on the evidence presented.
(5) A person requesting a hearing before the
superintendent of public instruction shall file in writing with the
superintendent of public instruction, and shall serve on all interested
parties, a statement of the reasons for the request and a fair and accurate
statement of the relevant facts. An interested party may file with the
superintendent of public instruction a written response to the statement of the
reasons for the hearing and the statement of facts and shall serve the response
on all interested parties.
(6) A motion for adjournment of a hearing under this
rule must be in writing and must state the reasons why an adjournment is
necessary. The moving party shall file the motion for adjournment with the
superintendent of public instruction or designee not less than 5 days before
the scheduled hearing unless the superintendent of public instruction or
designee finds good cause for filing the motion at a later date.
(7) The parties to a hearing under this rule may, by a
stipulation in writing filed with the superintendent of public instruction or
designee, agree on the facts or any portion of the facts involved in the
matter.
(8) The parties to a hearing under this rule may submit
evidence in the form of depositions if the superintendent of public instruction
or designee finds that it is impractical or impossible to obtain the evidence
in another manner. If the superintendent of public instruction or designee
allows depositions, MCR 2.301 to 2.308 and MCR 2.315 apply.
(9) As used in this rule:
(a) “File” means to send by mail, email, or facsimile
or deliver in person. For purposes of filing under this rule, the address for
mail and personal delivery is: Office of Administrative Law, Michigan
Department of Education, P.O. Box 30008, 608 W. Allegan Street, Lansing, MI
48909. The email address is: MDESuperintendentAppeals@michigan.gov, and the
facsimile number is: 517-241-6987.
(b) “Person” means an individual, partnership,
association, corporation, limited liability company, limited liability
partnership, governmental subdivision, or public or private organization of any
kind.
(c) “Serve” means to send by mail, email, or facsimile
or deliver in person.
(10) This rule is subject to Executive Reorganization
Orders No. 2005-1, 2011-4, and 2019-1, MCL 445.2021, 445.2030, and 324.99923.