DEPARTMENT OF EDUCATION
 
SUPERINTENDENT OF PUBLIC INSTRUCTION
 
SUPERINTENDENT OF PUBLIC INSTRUCTION HEARINGS
 
Filed with the secretary of state on
 
These rules take This rule takes effect immediately upon 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 of Act No. 197 of the Public Acts of 1952, as amended, being S24.101 et seq. of the Michigan Compiled Laws 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 No. 1996-6, MCL 388.993)

 
R 349.291 of the Michigan Administrative Code is amended as follows:
 
R  349.291  Procedure for conducting hearings before the superintendent of public
  instruction.
  Rule 1. (1) The superintendent of public instruction or designee shall send a notice of Notification of any hearing before the superintendent of public instruction or designee to all interested parties will be by registered certified mail, return receipt requested. The notice of hearing must and will 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 said the hearing. The superintendent of public instruction or designee shall send the Such notice will be mailed of hearing at least 15 20 days prior to said before the date scheduled for the hearing. Unless indicated otherwise in the notice of hearing, all hearings will be held in the office of the Superintendent of Public Instruction, Capitol Building, the superintendent of public instruction or designee shall hold the hearing in the offices of the superintendent of public instruction in Lansing, Michigan.
  (2) When an appearance is made at a hearing, it shall be made either A person may appear at a hearing under this rule in person, or by a duly authorized representative, or by counsel.
  (3) The A person or persons who have been served with receives a notice of hearing under this rule may, at his option, 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) thereto prior to  the  date  set for At the hearing, or at said hearing may appear and present an oral statement on the charges contained addressing the issues identified in the notice of hearing. When written briefs  or arguments are presented, a copy shall be served upon the superintendent of public instruction and opposite parties at least 10 days prior to the date set for the hearing.
  (4) If the a person or persons who have  been  previously  served  with to whom the superintendent of public instruction or designee sends a notice of hearing under this rule fails fail to appear at a noticed the hearing, the superintendent of public instruction or designee may proceed with a  the hearing of  the  cases  brought before him and may, on the evidence presented, make his issue a decision based on the evidence presented.
  (5) When a hearing is requested, the party A person requesting the a hearing before the superintendent of public instruction shall submit 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 to  the superintendent of public instruction and all interested parties. The facts shall be accepted as evidence unless a written  answer  is  filed  denying said facts and stating new facts relied upon with 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 and all interested parties.
  (6) No hearing shall be adjourned or continued, except upon an order of the superintendent of public instruction or the department employee conducting the hearing. All motions and requests for an adjournment, or a continuance, shall be in writing, which instrument shall state concisely the reasons why an adjournment or continuance is necessary. No motion or request for an adjournment or continuance will be considered unless the same is filed with the superintendent of public instruction at least 5 days prior to the date assigned for the hearing of the application, complaint or petition, except upon order of the superintendent of public instruction, which exception will be granted only upon a showing that for reasons not within the control of the person or party making the motion or request, the motion or request could not be filed within the time limited. 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 no 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 any a hearing before  the  superintendent  of  public instruction under this rule may, by a stipulation in writing filed with the superintendent of public instruction or designee, agree upon on the facts or any portion of the facts involved in the matter controversy, which stipulation shall be regarded and  used as evidence on the hearing. Parties are requested to thus agree  upon  the facts whenever practicable.
  (8) Depositions shall only be taken upon written authority of the superintendent of public instruction where it is proved in writing to 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 otherwise obtain the evidence in another manner. Where depositions are permitted, they shall be taken according to the rules for taking depositions in civil cases in the state of Michigan, being Michigan Statutes Annotated, S27.854 et seq., with all parties giving an opportunity to cross-examine the witness under oath. If the superintendent of public instruction or designee allows depositions, MCR 2.301 to MCR 2.308 and MCR 2.315 apply.

  (9) As used in this rule:

   (a) “File” means 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: MDE-SuperintendentAppeals@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 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.