Section R. 792.10305 - Depositions; discovery; failure to comply; order directing compliance; effect of refusal to obey orderRule 305.
(1) The taking and use of depositions and other discovery shall be allowed only upon stipulation of the parties or by leave of the administrative law judge.(2) A motion for discovery shall not be filed unless the discovery sought has been previously requested of a party and refused. The motion shall describe the nature of the discovery sought and the purpose of the discovery. A party against whom the discovery request is directed shall have 14 days to respond to the motion or within a time frame specified by the administrative law judge. If discovery is granted, it shall proceed in the same manner as in the circuit courts. A deposition or other discovery taken pursuant to this subrule may be offered as evidence at the discretion of the administrative law judge.(3) If a party refuses to comply with an order issued under subrule (1) of this rule, then the administrative law judge, on his or her own initiative or on the motion of a party, may enter orders addressing the noncompliance, including but not limited to, any of the following:(a) Deem that the facts sought under the original order are established for the purposes of the proceeding in accordance with the claim of the party obtaining the order.(b) Prohibit the noncompliant party from admitting new evidence supporting or opposing designated claims or defenses.(c) Order that pleadings or parts of pleadings are stricken, stay further proceedings until compliance is established, dismiss the proceedings or part of the proceeding, or default the noncompliant party.Mich. Admin. Code R. 792.10305
2015 MR 1, Eff. Jan. 15, 2015