What are the Possible Outcomes of the Hearing Process?

The ALJ must determine whether the Bureau adequately investigated the Complaintant's allegations against Respondent facility, or whether re-investigation should be ordered under Sections 20176 and 21799a of the Michigan Public Health Code. The Complainant has the burden of proving by a preponderance of evidence (more probable than not) that the determination or investigation by the Bureau was inadequate. After all sides have entered the evidence, each side then has an opportunity to provide a statement (closing argument) supporting why the ALJ should, based upon the facts presented, find in favor of their side of the case.

The ALJ can only find that the investigation was adequate or, if it was not, propose that the Bureau be ordered to conduct a re-investigation. The ALJ cannot impose fines, make decisions about the quality of care received by a resident, or decide whether a resident got what was paid for.

After the hearing is completed, the ALJ prepares a Proposal for Decision (PFD) that includes the ALJ’s findings of fact, conclusions of law, and a recommendation. Exceptions to the PFD may be filed. The Department Director then enters the final decision at the administrative level. The Department Director’s decision may be appealed to circuit court.