Rule 9.233. Public Hearing

(A) Procedure. The public hearing must conform as nearly as possible to the rules of procedure and evidence governing the trial of civil actions in the circuit court. A respondent is entitled to be represented by an attorney. Disciplinary counsel shall present the evidence in support of the charges set forth in the complaint and at all times shall have the burden of proving the allegations by a preponderance of the evidence. Any employee, officer, or agent of the respondent’s court, law enforcement officer, public officer or employee, or attorney who testifies as a witness in the hearing, whether called by the disciplinary counsel or by the respondent, is subject to cross-examination by either party as an opposite party under MCL 600.2161.

(B) Effect of Failure to Comply.

(1) If the respondent is in default for not having filed a timely answer or fails to attend the proceedings without being excused by the neutral, the commission, or the court, the allegations set forth in the complaint shall be deemed admitted, taken as true, and may form the basis for the neutral to make findings of fact.

(2) The respondent’s failure to testify in his or her own behalf or to submit to a medical examination requested by the commission or the neutral may be considered as an evidentiary fact, unless the failure was due to circumstances unrelated to the facts in issue at the hearing.

(C) Record. The proceedings at the hearing must be recorded by stenographic or mechanical means. If the neutral declines to admit evidence, a separate record shall be made so that the commission and/or the court may consider that evidence and determine whether to include it in the record.