R 205.1348 Rehearings; filing of request; filing of response to request; location; service of request; "good cause" defined

Rule 348

(1) A party may request a rehearing or reconsideration of a decision by a hearing officer or referee by filing a written request for a rehearing with the tribunal and submitting a copy to the opposing party within 21 days of the entry of the opinion and judgment by the hearing officer or hearing referee. The request shall demonstrate good case as to why a rehearing shall be held. The opposing party may file a response to the request for rehearing within 14 days after service of the request on the party. The rehearing, if granted, shall be conducted at a site to be determined by the tribunal as provided by R 205.1335 and shall not be limited to the evidence presented to the hearing officer or hearing referee.

(2) The party who requests the rehearing shall also file with the tribunal, or include as a part of the request for a rehearing, a statement attesting to the service of the request on the opposing party. The statement shall specify the date and method by which the request was served on the opposing party.

(3) For purposes of this rule, service of the request on the opposing party may be accomplished by mailing the request to the opposing party's last known address by first-class mail or by delivery in person as provided in rule 2.107 of the Michigan Rules of Court.

(4) For purposes of this rule, "good cause" means any of the following:

(a) Error of law.

(b) Mistake of fact.

(c) Fraud.

(d) Any other reason the tribunal deems sufficient and material.

History: 1996 MR 4, Eff. May 2, 1996.