Mich. Comp. Laws » Michigan Compiled Laws / Chapter 400 / Act 280 of 1939
Michigan Compiled Laws

Mich. Comp. Laws § 400.9 (2026)

Rules for conduct of hearings; procedure; hearing authority; powers and duties; review; representation of department; compliance with Open Meetings Act.

✓ current as of July 2026
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THE SOCIAL WELFARE ACT


Act 280 of 1939


400.9 Rules for conduct of hearings; procedure; hearing authority; powers and duties; review; representation of department; compliance with Open Meetings Act.

Sec. 9.

    (1) Pursuant to the administrative procedures act of 1969, Act No. 306 of the Public Acts of 1969, as amended, being sections 24.201 to 24.328 of the Michigan Compiled Laws, the director shall promulgate rules for the conduct of hearings within the state department. The rules shall provide adequate procedure for a fair hearing of appeals and complaints, when requested in writing by the state department or by an applicant for or recipient of, or former recipient of, assistance or service, financed in whole or in part by state or federal funds. Hearings shall be conducted by agents designated by the director. The director may appoint a hearing authority to decide these cases. The hearing authority shall be vested with the powers and duties of the director to hold and decide hearings. The director may also upon his or her own motion review a decision of a county or district department with respect to the granting of assistance financed in whole or in part by state or federal funds, and may consider and pass upon an application for assistance that has not been acted upon by the county or district department within a reasonable time.

    (2) Irrespective of funding source, the state department may be represented in any hearing held pursuant to subsection (1) by a duly authorized employee or agent of the state department.

    (3) A hearing held pursuant to this section shall be held as prescribed in the open meetings act, Act No. 267 of the Public Acts of 1976, as amended, being sections 15.261 to 15.275 of the Michigan Compiled Laws.

History: 1939, Act 280, Imd. Eff. June 16, 1939 ;-- CL 1948, 400.9 ;-- Am. 1957, Act 95, Eff. Sept. 27, 1957 ;-- Am. 1965, Act 401, Imd. Eff. Oct. 27, 1965 ;-- Am. 1971, Act 193, Imd. Eff. Dec. 20, 1971 ;-- Am. 1978, Act 224, Imd. Eff. June 13, 1978 ;-- Am. 1982, Act 131, Imd. Eff. Apr. 20, 1982 ;-- Am. 1993, Act 41, Imd. Eff. May 27, 1993

PopularName Notes:

Act 280

AdminRule Notes:

    R 400.1 et seq.; R 400.3351; and R 400.3401 et seq. of the Michigan Administrative Code.

Notes of Decisions
Cited in 19 cases (2 in the last 5 years), 1970–2022 · leading case: Walen v. Dep't of Corr., 505 N.W.2d 519 (Mich. 1993).
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Walen v. Dep't of Corr., 505 N.W.2d 519 (Mich. 1993). · cites it 4× “Chapter 8 shall not apply to a contested case or other proceeding regarding the granting or renewing of an operator's or chauffeur's license by the secretary of state; the Michigan employment relations commission; worker's disability compensation act under Act No. 317 of the…”
Detroit Base Coalition for the Human Rights of the Handicapped v. Dep't of Soc. Servs., 428 N.W.2d 335 (Mich. 1988). · cites it 3× “MCL 400.9(1); MSA 16.409(1): [T]he director shall promulgate rules for the conduct of hearings within the state department.”
Clonlara, Inc v. State Bd. of Educ., 501 N.W.2d 88 (Mich. 1993). · cites it 2× “[Anthony, Interpretive rules, policy statements, guidances, manuals and the like — Should federal agencies use them to bind the public? 41 Duke LJ 1311, 1321-1323.”
Vansach v. Dep't of Health & Human Servs. (In re Est. of Vansach), 922 N.W.2d 136 (Mich. Ct. App. 2018). “" MCL 400.9. And an individual dissatisfied with the administrative results may seek judicial review in circuit court.”
Pyke v. Dep't of Soc. Servs., 453 N.W.2d 274 (Mich. Ct. App. 1990). · cites it 2× “Our Supreme Court noted that the only relevant statutory provision relating to the conduct of hearings was MCL 400.9(1); MSA 16.409(1). That statute, unlike the statutory provision in this case, *632 expressly requires that rules for the conduct of hearings be promulgated…”
Elliott v. Dep't of Soc. Servs., 333 N.W.2d 603 (Mich. Ct. App. 1983). · cites it 2× “If payment is not forthcoming, the applicant may request a hearing pursuant to MCL 400.9; MSA 16.409 and MCL 400.37; MSA 16.”
Goode v. Dep't of Soc. Servs., 373 N.W.2d 210 (Mich. Ct. App. 1985). · cites it 2× “We do not find the question of whether a multi-member panel or a single person presides to be dispositive. Such a distinction carries with it the potential for undermining the Open Meetings Act, as merely having a single person preside would exempt the public body from…”
Woodson v. Dep't of Soc. Servs., 183 N.W.2d 465 (Mich. Ct. App. 1970). · cites it 2× “2 MCLA §§ 400.9, 400.37 (Stat Ann 1968 Rev §§ 16.”
Palozolo v. Dep't of Soc. Servs., 473 N.W.2d 765 (Mich. Ct. App. 1991). “On July 29, 1988, an administrative hearing was held pursuant to MCL 400.9; MSA 16.409 and MCL 400.37; MSA 16.”
Battiste v. Dep't of Soc. Servs., 398 N.W.2d 447 (Mich. Ct. App. 1986). “Pursuant to § 9 of the Social Welfare Act, MCL 400.9; MSA 16.409, the Director of the Department of Social Services originally issued all decisions upon the hearing record as to all hearings requested with respect to federally funded assistance programs.”
McKee v. Dep't of Soc. Servs., 381 N.W.2d 679 (Mich. 1986). · cites it 2× “Sexton pursuant to MCL 400.9; MSA 16.409 and MCL 400.37; MSA 16.”
Detroit Base Coalition for the Human Rights of the Handicapped v. Dep't of Soc. Servs., 405 N.W.2d 136 (Mich. Ct. App. 1987). “MCL 400.9(1); MSA 16.409(1) requires the director of the department to promulgate rules for the conduct of hearings regarding assistance programs.”
Show all 19 citing cases →
— Mich. Comp. Laws § 400.9(1) — 7 cases
Detroit Base Coalition for the Human Rights of the Handicapped v. Dep't of Soc. Servs., 428 N.W.2d 335 (Mich. 1988). “MCL 400.9(1); MSA 16.409(1): [T]he director shall promulgate rules for the conduct of hearings within the state department.”
Clonlara, Inc v. State Bd. of Educ., 501 N.W.2d 88 (Mich. 1993). “[Anthony, Interpretive rules, policy statements, guidances, manuals and the like — Should federal agencies use them to bind the public? 41 Duke LJ 1311, 1321-1323.”
Pyke v. Dep't of Soc. Servs., 453 N.W.2d 274 (Mich. Ct. App. 1990). “Our Supreme Court noted that the only relevant statutory provision relating to the conduct of hearings was MCL 400.9(1); MSA 16.409(1). That statute, unlike the statutory provision in this case, *632 expressly requires that rules for the conduct of hearings be promulgated…”
Detroit Base Coalition for the Human Rights of the Handicapped v. Dep't of Soc. Servs., 405 N.W.2d 136 (Mich. Ct. App. 1987). “MCL 400.9(1); MSA 16.409(1) requires the director of the department to promulgate rules for the conduct of hearings regarding assistance programs.”
Dbc v. Dss, 405 N.W.2d 136 (Mich. Ct. App. 1987).
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