Administrative Hearing Request Packet - Michigan

ADMINISTRATIVE HEARING REQUEST PACKET — MICHIGAN

Hearing Request Cover Letter, Formal Request, Evidence Checklist, and Practice Guide

TABLE OF CONTENTS

1. Hearing Request Cover Letter
2. Formal Request for Administrative Hearing
3. Statement of Issues / Grounds for Hearing
4. Agency Identification
5. Filing Instructions
6. Deadlines and Timeline
7. Discovery and Evidence Rules
8. Pre-Hearing Conference Procedures
9. Hearing Procedures and Rules of Evidence
10. Post-Hearing Briefs and Procedures
11. Appeal Rights from Administrative Decision
12. Document Checklist
13. Practice Tips for Administrative Hearings
14. Sources and References

1. HEARING REQUEST COVER LETTER

[__/__/____]

VIA [HAND DELIVERY / CERTIFIED MAIL / FIRST CLASS MAIL / FAX / EMAIL]

[________________________________]
[Agency Name]
[________________________________]
[Agency Division or Bureau]
[________________________________]
[Street Address]
[________________________________]
[City, State, ZIP Code]

Copy to:
Michigan Office of Administrative Hearings and Rules (MOAHR)
611 W. Ottawa Street
P.O. Box 30695
Lansing, Michigan 48909-8195

RE:     Request for Administrative Hearing
        Petitioner: [________________________________]
        Agency Case/Docket No.: [________________________________]
        Agency Action Date: [__/__/____]
        Type of Action: [________________________________]

Dear [Administrative Law Judge / Hearing Officer / Agency Administrator]:

        Pursuant to the Michigan Administrative Procedures Act of 1969,
MCL 24.201 et seq., and specifically the contested case provisions at
MCL 24.271 through 24.287, the undersigned hereby requests an
administrative hearing to contest the agency action described above.

        On [__/__/____], the [________________________________] [Agency Name]
issued a [________________________________] [describe: denial, revocation,
suspension, penalty, adverse determination, etc.] regarding
[________________________________] [describe the license, benefit, permit,
right, or other matter at issue]. The Petitioner received notice of this
action on [__/__/____].

        The Petitioner respectfully requests that the Michigan Office of
Administrative Hearings and Rules (MOAHR) schedule a contested case
hearing to adjudicate the following issues:

        1. [________________________________]
        2. [________________________________]
        3. [________________________________]

        [If applicable:] The Petitioner also requests a stay of the agency
action pending the outcome of the hearing. Enforcement of the agency
action before a hearing will cause irreparable harm because
[________________________________]. The Petitioner is likely to succeed
on the merits because [________________________________].

        Enclosed with this letter are the following documents:

        1. Formal Request for Administrative Hearing
        2. Copy of the agency notice/decision being challenged
        3. Statement of Issues and Grounds for Hearing
        4. Supporting exhibits [if permitted at filing stage]
        5. Proof of service upon the agency
        6. [Filing fee / Fee waiver request, if applicable]

        Please confirm receipt of this filing and provide the assigned
docket number and hearing date at your earliest convenience. Please
direct all correspondence regarding this matter to:

        [________________________________]
        [Attorney/Representative Name]
        [________________________________]
        [Firm/Organization Name]
        [________________________________]
        [Street Address]
        [________________________________]
        [City, State, ZIP Code]
        Telephone: [________________________________]
        Email: [________________________________]
        Bar Number (P#): [________________________________]

                                        Respectfully submitted,

                                        ________________________________
                                        [Name]
                                        [Title/Capacity]
                                        Date: [__/__/____]

Enclosures: [____] documents
cc:     [Agency Counsel / Assistant Attorney General]
        [Other Parties]

2. FORMAL REQUEST FOR ADMINISTRATIVE HEARING

STATE OF MICHIGAN

MICHIGAN OFFICE OF ADMINISTRATIVE HEARINGS AND RULES (MOAHR)

IN THE MATTER OF:

SECTION A: PETITIONER INFORMATION

Full Legal Name: [________________________________]

Mailing Address: [________________________________]

City: [________________________________] State: [____] ZIP: [__________]

Telephone: [________________________________]

Email Address: [________________________________]

Represented by Attorney: ☐ Yes ☐ No

If yes:

• Attorney Name: [________________________________]
• Firm Name: [________________________________]
• State Bar Number (P#): [________________________________]
• Address: [________________________________]
• Telephone: [________________________________]
• Email: [________________________________]

Authorized Representative (non-attorney): ☐ Yes ☐ No

If yes:

• Representative Name: [________________________________]
• Relationship to Petitioner: [________________________________]
• Address: [________________________________]
• Telephone: [________________________________]

SECTION B: AGENCY ACTION BEING CONTESTED

Identify the agency action you are challenging:

☐ Denial of Application (License/Permit/Benefit)
☐ Revocation of License or Permit
☐ Suspension of License or Permit
☐ Denial or Reduction of Benefits (MDHHS)
☐ Termination of Benefits (MDHHS)
☐ Imposition of Fine, Penalty, or Assessment
☐ Tax Assessment or Audit Determination
☐ Professional Disciplinary Action
☐ Regulatory Enforcement Action
☐ Environmental Enforcement Order
☐ Utility Rate or Service Complaint (MPSC)
☐ Workers' Compensation Dispute
☐ Unemployment Insurance Determination
☐ Other: [________________________________]

Date of Agency Action: [__/__/____]

Date You Received Notice: [__/__/____]

Agency Case or Reference Number: [________________________________]

Describe the agency action in detail:
[________________________________]
[________________________________]
[________________________________]
[________________________________]

SECTION C: STATUTORY BASIS FOR HEARING REQUEST

☐ MCL 24.271 et seq. (Administrative Procedures Act - Contested Cases)
☐ Agency-specific statute: [________________________________]
☐ Other statutory authority: [________________________________]

SECTION D: GROUNDS FOR HEARING

State the specific reasons you believe the agency action is incorrect, unlawful, or should be reversed:

1. [________________________________]
   [________________________________]

2. [________________________________]
   [________________________________]

3. [________________________________]
   [________________________________]

4. [________________________________]
   [________________________________]

SECTION E: RELIEF REQUESTED

☐ Reversal of the agency action
☐ Modification of the agency action as follows: [________________________________]
☐ Issuance or renewal of the license/permit applied for
☐ Reinstatement or continuation of benefits
☐ Remand to the agency for further proceedings
☐ Stay of the agency action pending hearing
☐ Other: [________________________________]

SECTION F: REQUEST FOR STAY (IF APPLICABLE)

☐ The Petitioner requests that the agency action be stayed pending the outcome of the hearing.

Grounds for Stay:

1. Irreparable harm if the action is not stayed:
   [________________________________]
   [________________________________]

2. Likelihood of success on the merits:
   [________________________________]
   [________________________________]

3. The stay will not substantially harm other parties or the public:
   [________________________________]

4. The public interest supports a stay:
   [________________________________]

SECTION G: HEARING PREFERENCES

Preferred Hearing Format:
☐ Remote hearing (Zoom or Microsoft Teams) — default per MOAHR Administrative Hearing Standard 2024-1
☐ In-person hearing (must demonstrate good cause in writing)
☐ Telephone hearing
☐ No preference

If requesting in-person hearing, state good cause:
[________________________________]
[________________________________]

Estimated Duration of Hearing: [________________________________]

Number of Witnesses Petitioner Intends to Call: [____]

Interpreter Required: ☐ Yes (Language: [________________]) ☐ No

ADA Accommodations Required: ☐ Yes (Specify: [________________________________]) ☐ No

SECTION H: VERIFICATION AND SIGNATURE

I, [________________________________], hereby verify that the information contained in this Request for Administrative Hearing is true and correct to the best of my knowledge, information, and belief.

Signature: ________________________________

Print Name: [________________________________]

Date: [__/__/____]

3. STATEMENT OF ISSUES / GROUNDS FOR HEARING

Issue 1: [________________________________]

Factual Basis:
[________________________________]
[________________________________]
[________________________________]

Legal Authority:
[________________________________] [cite MCL, Michigan Administrative Code, or agency rule]

Argument:
[________________________________]
[________________________________]
[________________________________]

Issue 2: [________________________________]

Factual Basis:
[________________________________]
[________________________________]
[________________________________]

Legal Authority:
[________________________________]

Argument:
[________________________________]
[________________________________]
[________________________________]

Issue 3: [________________________________]

Factual Basis:
[________________________________]
[________________________________]

Legal Authority:
[________________________________]

Argument:
[________________________________]
[________________________________]

4. AGENCY IDENTIFICATION

Michigan Office of Administrative Hearings and Rules (MOAHR)

MOAHR was created by Executive Order 2019-06 (as modified by Executive Order 2019-13) as a Type I agency within the Michigan Department of Licensing and Regulatory Affairs (LARA). MOAHR provides administrative law judges (ALJs) to conduct contested case hearings for state agencies that do not maintain their own independent hearing divisions. MOAHR consolidated the former Michigan Administrative Hearing System (MAHS) and the Office of Regulatory Reinvention.

MOAHR Contact Information:

MOAHR Divisions

Common Referring Agencies

Remote Hearing Default

Per MOAHR Administrative Hearing Standard 2024-1: Administrative proceedings are conducted remotely by default (via Zoom or Microsoft Teams), unless the ALJ determines that all or part of the proceeding should be in-person, or a party submits a written request demonstrating good cause for an in-person proceeding.

5. FILING INSTRUCTIONS

Where to File

The initial hearing request is typically filed with the agency that issued the adverse action, which then refers the matter to MOAHR. However, some agencies accept direct filings with MOAHR.

MOAHR Main Office:
Michigan Office of Administrative Hearings and Rules
611 W. Ottawa Street
P.O. Box 30695
Lansing, Michigan 48909-8195

MDHHS Benefit Services (BSD):
Michigan Office of Administrative Hearings and Rules
Benefit Services Division
P.O. Box 30763
Lansing, Michigan 48909-8263

Filing Methods

Agency-Specific Filing Forms

IMPORTANT: Many agencies require the use of their specific hearing request forms. Check the agency notice for required forms. Using an incorrect form or filing with the wrong entity may cause delays.

Service Requirements

☐ Serve a copy of the hearing request on the agency counsel or designated official
☐ Serve all other parties to the proceeding
☐ File proof of service with MOAHR
☐ Retain copies of all filed documents

6. DEADLINES AND TIMELINE

Filing Deadlines

The deadline to request a hearing depends on the type of agency action and the governing statute:

CRITICAL: Always check the specific deadline stated in the agency's notice of adverse action. For MDHHS benefit cases, if you file within 10 days of the notice, benefits may continue pending the hearing outcome. Missing the overall deadline may permanently waive your hearing rights.

Hearing Scheduling Timeline

Postponement / Adjournment Requests

To reschedule or cancel a hearing:

☐ Request must be made in writing (mail, fax, or email)
☐ Include: docket number, your name, reason for request, and your signature
☐ Submit as early as possible (at least 30 minutes before the scheduled hearing start time)
☐ Requests are granted at the ALJ's discretion
☐ Good cause is required (medical emergency, unavailability of key witness, etc.)

7. DISCOVERY AND EVIDENCE RULES IN ADMINISTRATIVE PROCEEDINGS

Statutory Authority: MCL 24.275; MCL 24.281

Pre-Hearing Discovery

Discovery in Michigan administrative proceedings is governed by the APA and MOAHR rules. Discovery is more limited than in civil litigation but may be available at the ALJ's discretion.

Available Discovery Methods:

☐ Document requests (most common)
☐ Interrogatories (limited, at ALJ discretion)
☐ Depositions (rarely permitted; requires good cause and ALJ approval)
☐ Requests for admission (at ALJ discretion)
☐ Subpoenas duces tecum for documents

Subpoena Procedures (MCL 24.281)

• Any party to a contested case may request the issuance of subpoenas for the attendance of witnesses and the production of documents
• MOAHR provides a subpoena cover letter form that must be completed
• Subpoenas are issued by the ALJ or the agency
• Two types of subpoenas:
• Subpoena ad testificandum — compels a person to appear and testify
• Subpoena duces tecum — compels a person to produce documents at the hearing
• Service of subpoenas must comply with MCL 24.281 requirements
• Witness fees and mileage must be tendered at the time of service
• A subpoena may be enforced or quashed by the Circuit Court

Documentary Evidence Exchange (MOAHR Rules)

• Documentary evidence must be received by the ALJ and a copy sent to each opposing party not less than 7 days before the hearing
• Exception: If the notice of hearing is issued less than 30 days before the hearing, documentary evidence must be received by the ALJ and provided to opposing parties no later than 1 business day before the hearing
• The ALJ may allow late submissions for good cause shown
• Evidence not timely exchanged may be excluded

Evidence Standards (MCL 24.275)

• Irrelevant, immaterial, or unduly repetitious evidence shall be excluded
• All other evidence of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs shall be admissible
• Agencies shall give effect to the rules of privilege recognized by law
• Evidence not admissible under the above rules may be received by the ALJ for the purpose of supplementing or explaining other evidence
• The ALJ may take official notice of generally recognized facts and of technical or scientific matters within the agency's specialized knowledge
• The record must show the basis for official notice and parties must be given opportunity to contest noticed facts

8. PRE-HEARING CONFERENCE PROCEDURES

Purpose and Authority

Under MOAHR rules, the ALJ may schedule a pre-hearing conference to:

☐ Clarify and narrow the issues in dispute
☐ Establish a schedule for discovery and evidence exchange
☐ Determine witnesses and exhibits
☐ Discuss stipulations of fact or law
☐ Address procedural motions
☐ Explore settlement opportunities
☐ Set deadlines for pre-hearing submissions
☐ Address hearing format (remote vs. in-person)
☐ Rule on preliminary motions

Pre-Hearing Conference Format

• Conferences are typically conducted remotely (Zoom, Teams, or telephone)
• All parties or their representatives must participate
• The ALJ issues a pre-hearing order after the conference
• Failure to attend may result in sanctions, including dismissal of the hearing request or entry of default

Pre-Hearing Submissions

The ALJ may require parties to submit:

☐ Pre-hearing statement identifying issues, facts, and legal authorities
☐ Witness list with description of expected testimony
☐ Exhibit list with copies of all documentary evidence
☐ Statement of stipulated facts
☐ Pre-hearing motions (motions to dismiss, motions in limine)
☐ Estimated hearing duration
☐ List of legal authorities relied upon

Default and Failure to Appear (MCL 24.272)

If a party fails to appear at a hearing after proper service of notice:

• The agency may proceed with the hearing in the party's absence
• The agency may make its decision based on the evidence presented
• A party who fails to appear may request reinstatement by filing a written request showing good cause for the failure to appear

9. HEARING PROCEDURES AND RULES OF EVIDENCE

Hearing Format

Under MCL 24.271-24.287 and MOAHR Rules:

Remote Hearings (Default): Per MOAHR Administrative Hearing Standard 2024-1, hearings are conducted remotely via Zoom or Microsoft Teams by default. A notice of hearing with the meeting invitation is sent to all parties by email (if known) and U.S. Mail.

In-Person Hearings: Available upon written request demonstrating good cause, or at the ALJ's discretion.

Order of Proceedings

1. Opening of Record: ALJ convenes the hearing, identifies parties and representatives, and addresses preliminary matters
2. Swearing of Witnesses: All witnesses are placed under oath or affirmation
3. Opening Statements: Each party provides a brief summary of the case
4. Presentation of Evidence — Agency's Case:
   - Direct examination of agency witnesses
   - Cross-examination by petitioner or counsel
   - Redirect examination (if any)
   - Introduction of documentary exhibits
5. Presentation of Evidence — Petitioner's Case:
   - Direct examination of petitioner's witnesses
   - Cross-examination by agency counsel (often Assistant Attorney General)
   - Redirect examination (if any)
   - Introduction of documentary exhibits
6. Rebuttal Evidence (at ALJ's discretion)
7. Closing Arguments: Each party summarizes the evidence and applicable law
8. Close of Record: ALJ announces when the record closes

Rules of Evidence (MCL 24.275)

• Administrative hearings follow relaxed rules of evidence compared to court proceedings
• Evidence commonly relied upon by reasonably prudent persons is admissible
• Irrelevant, immaterial, or unduly repetitious evidence is excluded
• Hearsay is admissible but may be insufficient standing alone
• Rules of privilege recognized by law are given full effect (attorney-client, physician-patient, etc.)
• The ALJ may receive evidence for the purpose of supplementing or explaining other evidence
• Official notice may be taken of generally recognized facts and technical/scientific matters

Burden of Proof

• In enforcement actions (revocation, suspension, penalty), the agency generally bears the burden of proof
• In benefit denial cases, burden allocation depends on the specific program (federal and state law)
• In licensing matters, the applicant typically bears the burden of demonstrating qualifications
• Standard of proof is generally preponderance of the evidence unless a statute specifies otherwise
• In certain professional disciplinary cases, a clear and convincing evidence standard may apply

Witness Testimony

• All witnesses testify under oath or affirmation
• Witnesses are subject to direct examination, cross-examination, and redirect
• The ALJ may question witnesses independently
• Expert witnesses may be called on technical or specialized matters
• Witness testimony during remote hearings must comply with MOAHR remote hearing procedures

Recording of Proceedings

• MOAHR records all hearings
• The recording constitutes the official record
• Parties may request a copy of the recording or a written transcript
• A transcript is typically required for judicial review

10. POST-HEARING BRIEFS AND PROCEDURES

Post-Hearing Submissions

The ALJ may permit or require post-hearing submissions:

☐ Post-hearing brief deadline: [__/__/____] (typically 10-30 days after hearing)
☐ Reply brief deadline: [__/__/____] (if permitted)
☐ Proposed findings of fact and conclusions of law
☐ Supplemental evidence (only with ALJ permission and good cause)
☐ Written closing argument (in lieu of or in addition to oral closing)

Types of Decisions (MCL 24.278; MCL 24.279)

Final Decision or Order (MCL 24.278):

• The decision must be in writing and include:
• Findings of fact
• Conclusions of law
• The order or determination
• A statement of appeal rights
• A copy is delivered or mailed to each party and any authorized representative or attorney of record on the date it is entered

Proposal for Decision (MCL 24.279):

• In cases where the hearing is conducted by an ALJ rather than the agency head, the ALJ may issue a proposal for decision (recommended decision)
• The proposal is served on all parties
• Each party may file exceptions to the proposal within the time specified
• The agency head reviews the proposal, the exceptions, and the record before issuing the final decision or order
• The agency may accept, reject, or modify the proposed findings of fact or conclusions of law

Rehearing (MCL 24.285)

• A party may petition the agency for rehearing within the time specified in the decision or applicable rules

• The petition must state the specific grounds for rehearing:
  ☐ Newly discovered evidence that could not have been discovered with due diligence
  ☐ Error of fact or law in the decision
  ☐ Irregularity in the proceedings that affected the outcome

• The agency may grant or deny the petition at its discretion

• Filing a petition for rehearing may toll the time for judicial review

11. APPEAL RIGHTS FROM ADMINISTRATIVE DECISION

Judicial Review — MCL 24.286

Who May Appeal:
A party aggrieved by a final decision or order in a contested case is entitled to judicial review.

Where to File:

• Circuit Court for the county where the petitioner resides or has a principal place of business, OR
• Circuit Court for Ingham County (where the state capital is located)
• Certain specialized matters may be appealed to the Michigan Court of Claims or directly to the Michigan Court of Appeals

Deadline:
The petition for judicial review must be filed within 60 days after the date of mailing of the final decision or order, unless a shorter period is specified by statute.

How to File:

• File a claim or petition of appeal with the Circuit Court
• File a copy of the petition with the agency
• The agency must prepare and transmit the record to the court

Standard of Review (MCL 24.306)

The Circuit Court reviews the agency decision under the following standards:

☐ Constitutional violations — Whether the decision violates constitutional provisions
☐ Excess of authority — Whether the agency exceeded its statutory authority or jurisdiction
☐ Unlawful procedure — Whether the decision was made upon unlawful procedure resulting in material prejudice
☐ Unsupported by competent, material, and substantial evidence — Whether the findings of fact are supported on the whole record
☐ Arbitrary and capricious — Whether the decision is arbitrary, capricious, or clearly an abuse of discretion
☐ Affected by other error of law — Whether the decision is affected by other substantial and material error of law

The court does not substitute its judgment for the agency's on questions of fact. "Substantial evidence" means evidence that a reasonable mind would accept as adequate to support a conclusion.

Appeal from Circuit Court

A party may appeal the Circuit Court's decision to the Michigan Court of Appeals under the Michigan Court Rules. Further review may be sought in the Michigan Supreme Court by application for leave to appeal.

12. DOCUMENT CHECKLIST

Pre-Filing Checklist

☐ Obtained and reviewed the agency's adverse action notice
☐ Identified the applicable filing deadline
☐ Confirmed the correct filing location (agency or MOAHR)
☐ Determined whether agency-specific forms are required (DCH-0018, DCH-0092, etc.)
☐ Identified the applicable statute providing the right to a hearing
☐ Prepared the hearing request cover letter
☐ Completed the formal request for hearing (or agency form)
☐ Prepared the statement of issues and grounds
☐ Gathered supporting documentation
☐ Made copies of all documents
☐ Prepared proof of service
☐ Retained copies of all filed documents

Filing Package Contents

☐ Cover letter with case identification
☐ Formal request for administrative hearing (signed and dated)
☐ Agency-specific hearing request form (if required)
☐ Copy of the agency notice or decision being challenged
☐ Statement of issues / grounds for hearing
☐ Supporting exhibits and evidence list (if permitted at filing)
☐ Request for stay of agency action (if applicable)
☐ Proof of service on agency counsel or designated official
☐ Notice of appearance for attorney or representative
☐ Authorization for representative (if non-attorney)

Pre-Hearing Checklist

☐ Received confirmation of filing and MOAHR docket number
☐ Received notice of hearing with date, time, and Zoom/Teams link
☐ Submitted written request for in-person hearing (if desired, with good cause)
☐ Requested subpoenas using MOAHR subpoena cover letter form
☐ Tendered witness fees and mileage for subpoenaed witnesses
☐ Exchanged documentary evidence (at least 7 days before hearing, or 1 business day if notice <30 days)
☐ Sent copies of evidence to ALJ and all opposing parties
☐ Prepared witness list with summaries of expected testimony
☐ Tested Zoom or Microsoft Teams connection (for remote hearings)
☐ Reviewed applicable MCL provisions, Administrative Code, and agency rules
☐ Prepared opening statement and closing argument outlines
☐ Arranged for interpreter or ADA accommodations (if needed)
☐ Attended pre-hearing conference (if scheduled)

Post-Hearing Checklist

☐ Filed post-hearing brief within deadline (if required or permitted)
☐ Filed proposed findings of fact and conclusions of law (if required)
☐ Received proposal for decision or final decision from ALJ
☐ Filed exceptions to proposal for decision (if applicable)
☐ Received final agency decision or order
☐ Calculated deadline for judicial review (60 days from mailing of final decision)
☐ Filed petition for judicial review in Circuit Court (if appealing)
☐ Filed copy of petition with the agency
☐ Ordered hearing transcript (if needed for appeal)

13. PRACTICE TIPS FOR ADMINISTRATIVE HEARINGS

Before Filing

1. Read the agency notice thoroughly. The notice should specify the deadline, filing location, required forms, and how to request a hearing. Many MOAHR-handled agencies have specific forms that must be used.

2. File early for benefit continuation. For MDHHS benefit cases, if you request a hearing within 10 days of receiving the notice of adverse action, your benefits may continue at the current level pending the hearing outcome. This is a critical strategic consideration.

3. Identify the correct division within MOAHR. Benefit cases (Medicaid, food assistance, TANF) go to the Benefit Services Division. Professional licensing cases go to the Regulatory Services Division. Tax cases go to the Tax Tribunal.

4. Preserve all records immediately. Save all documents, correspondence, emails, and agency communications related to the adverse action. These will be your evidence at the hearing.

5. Consider whether an attorney is needed. While you may represent yourself, administrative hearings involving professional licenses, complex regulatory matters, or significant financial stakes benefit greatly from attorney representation.

Preparing for the Hearing

6. Prepare for a remote hearing. Since MOAHR hearings are remote by default, ensure you have reliable internet, a computer with camera and microphone, and a quiet private location. Test the Zoom or Teams connection before the hearing date.

7. Exchange evidence on time. The 7-day evidence exchange deadline is strictly enforced. Send your documentary evidence to the ALJ and all parties by the deadline. Keep proof of transmission (certified mail receipt, fax confirmation, email delivery confirmation).

8. Organize exhibits systematically. Number or letter each exhibit. Create a master exhibit list. For remote hearings, have all exhibits available as PDF files ready to share on screen.

9. Prepare witnesses thoroughly. Review testimony with each witness. Ensure witnesses understand the oath requirement and that they may be cross-examined. For remote hearings, ensure witnesses have access to the videoconference platform.

10. Know the applicable regulations. Review the specific MCL provisions and Michigan Administrative Code rules governing the agency's action. ALJs expect parties to identify and cite the applicable legal framework.

At the Hearing

11. Log in early for remote hearings. Join the Zoom or Teams meeting at least 10 minutes before the scheduled time. Have your exhibits and notes organized and accessible.

12. Be professional and respectful. Address the ALJ as "Judge" or "Your Honor." Mute your microphone when not speaking. Speak clearly and at a moderate pace.

13. Present your strongest evidence first. Lead with your most compelling witnesses and documents. Be concise — do not repeat points unnecessarily.

14. Object when appropriate. Even under relaxed evidence rules, you may object to evidence that is irrelevant, privileged, or unduly prejudicial. State the basis briefly.

15. Build the record carefully. For remote hearings, ensure all exhibits are properly identified on the record. Have witnesses refer to exhibits by number or letter. Confirm that the ALJ has received and can view all exhibits.

After the Hearing

16. Review the decision upon receipt. Note whether it is a proposal for decision (recommended) or a final decision. If it is a proposal, calculate the deadline for filing exceptions.

17. File exceptions to a proposal for decision. If you disagree with the ALJ's recommended findings or conclusions, file specific written exceptions explaining why the ALJ erred. Address each factual finding or legal conclusion you contest.

18. Do not miss the judicial review deadline. The 60-day deadline to file a petition for judicial review in Circuit Court runs from the date the final decision is mailed, not the date you receive it. Act promptly.

19. Request rehearing when appropriate. Under MCL 24.285, a petition for rehearing may be appropriate if new evidence has emerged or the decision contains clear errors of fact or law.

14. SOURCES AND REFERENCES

Statutes

• Michigan Administrative Procedures Act of 1969 — MCL 24.201 through 24.328
• Contested Cases — MCL 24.271 through 24.287
• Judicial Review of Contested Cases — MCL 24.301 through 24.306
• Executive Order 2019-06 (Creating MOAHR)

Administrative Rules

• MOAHR General Hearing Rules — R 792.10101 to R 792.11903
• Michigan Administrative Code (specific agency hearing rules)
• MOAHR Administrative Hearing Standard 2024-1 (Remote Hearings)

MOAHR Resources

• MOAHR Website: https://www.michigan.gov/lara/bureau-list/moahr
• Benefit Services FAQs and Forms: https://www.michigan.gov/lara/bureau-list/moahr/benefit-services/faqs-forms
• Administrative Hearings FAQ: https://www.michigan.gov/lara/bureau-list/moahr/administrative-hearings-frequently-asked-questions
• Contact: (517) 335-2484 or [email protected]

MDHHS Hearing Resources

• MDHHS Administrative Hearings: https://www.michigan.gov/mdhhs/assistance-programs/medicaid/portalhome/beneficiaries/resources/michigan-office-of-administrative-hearings-and-rules-for-michigan-department-of-health-and-human-se
• Appeal Information: https://www.michigan.gov/mdhhs/doing-business/providers/providers/other/homehelp/tools-and-resources/appeal-information

Legal Aid Resources

• Michigan Legal Services: https://michiganlegalservicesauthority.com
• Michigan Legal Help: https://michiganlegalhelp.org
• Legal Aid of Western Michigan: https://lawestmi.org
• Lakeshore Legal Aid: https://lakeshorelegalaid.org
• Legal Services of South Central Michigan: https://lsscm.org

This template is provided for informational purposes only and does not constitute legal advice. Administrative hearing procedures vary by agency, case type, and applicable statute. All deadlines, forms, and procedures should be verified with the specific agency and MOAHR before filing. This template must be reviewed and customized by a qualified attorney licensed in Michigan before use.

Last updated: 2026-03-07