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Administrative hearings in the area of corrections include the following case types: (1) class I misconducts, (2) visitor restrictions, (3) risk classifications, (4) excess legal property, (5) classifications to segregation, and (6) parole violations. These hearings are held throughout the state at various correctional facilities and via video at some locations.
Administrative Law Judges (ALJ), who work for MOAHR, conduct the hearings described above. Appeals from the ALJ’s decision are addressed by the Michigan Department of Corrections.
Request for rehearing is the term used for appealing a decision following the hearing before the ALJ.
Q. If a prisoner (or visitor for a visitor restriction hearing) wants to appeal a decision from a (1) misconduct hearing; (2) excess legal property hearing; (3) visitor restriction hearing; (4) risk classification hearing; or (5) notice of intent to classify to administrative segregation hearing, what form is used?
A. Request for rehearing form
Q. Where is this form available?
A. It is available at any correctional facility from the hearing investigator.
Q. Does a prisoner or visitor need to send in any other forms with the request for rehearing form?
A. Yes, the hearing report for all hearings, except appeals from misconduct hearings, requires the hearing report AND a copy of the Class I Misconduct Report.
Q. Is there a deadline for submitting a request for rehearing?
A. Yes. A request for a rehearing shall be filed within 30 days after the final decision or order is issued after the initial hearing.
Q. Where should the request for rehearing be sent?
A. Hearings Administrator, Department of Corrections, Office of Legal Affairs
P.O. Box 30003, Lansing MI 48909
Q. Does MOAHR have any authority to accept the request for rehearing forms?
A. No, MOAHR has no authority to address or answer requests for rehearings.
Q. Can a prisoner or visitor appeal MDOC’s decision to deny a request for a rehearing?
A. Yes, by seeking judicial review at the Circuit Court
Q. Can MOAHR address MDOC’s decision to deny a request for rehearing?
A. No, MOAHR has no authority to address or overturn MDOC’s denial of a request for rehearing.
Q. If a prisoner or visitor has complaints regarding MDOC rules, MDOC policies, or MDOC staff conduct, can MOAHR address these issues?
A. No, MOAHR has no authority to address complaints regarding MDOC’s rules, policies or staff conduct. Such issues need to be addressed to the MDOC.
Q. Where can information be obtained regarding MDOC policies pertaining to the above hearings?
A. MDOC Prisoner Discipline Policy Directive (PD 03.03.105) available here: Policy Directives (michigan.gov)
Q. Does MOAHR have any authority concerning decisions made by the parole board?
A. No, parole board decisions to grant, deny, rescind, amend or revoke parole are outside the scope of MOAHR authority.
