reglab/housing_qa huggingface dataset:
MI Comp L § 24.258 (2021)
2021 Michigan Compiled Laws|Chapter 24 - Printing and State Documents|Act 306 of 1969 - Administrative Procedures Act of 1969 (24.201 - 24.328)|306-1969-3 - Chapter 3 Procedures for Processing and Publishing Rules (24.231...24.266)|Section 24.258 - Request for Preparation of Reproduction Proofs or Negatives of Rules; Reimbursement; Publication of Rules Electronically or in Pamphlets; Cost.

24.258 Request for preparation of reproduction proofs or negatives of rules; reimbursement; publication of rules electronically or in pamphlets; cost. Sec. 58.  (1) When requested by an agency, the office of regulatory reform shall prepare reproduction proofs or negatives of the rules, or a portion of the rules, of the agency. The requesting agency shall reimburse the office of regulatory reform for preparing the reproduction proofs or negatives, and the cost of the preparation shall be paid out of appropriations to the agency.  (2) The Michigan administrative code may be arranged and printed to make convenient the publication electronically or in separate pamphlets of the parts of the Michigan administrative code relating to different agencies. Agencies may order the separate pamphlets, and the cost of the pamphlets shall be paid out of appropriations to the agencies. History: 1969, Act 306, Eff. July 1, 1970 ;-- Am. 1982, Act 413, Eff. Jan. 1, 1984 ;-- Am. 1986, Act 292, Imd. Eff. Dec. 22, 1986 ;-- Am. 1999, Act 262, Eff. Apr. 1, 2000 Popular Name: Act 306Popular Name: APA
MI Comp L § 24.259 (2021)
2021 Michigan Compiled Laws|Chapter 24 - Printing and State Documents|Act 306 of 1969 - Administrative Procedures Act of 1969 (24.201 - 24.328)|306-1969-3 - Chapter 3 Procedures for Processing and Publishing Rules (24.231...24.266)|Section 24.259 - Copies of Michigan Register, Michigan Administrative Code, and Code Supplements; Distribution; Official Use.

24.259 Copies of Michigan register, Michigan administrative code, and code supplements; distribution; official use. Sec. 59.  (1) The office of regulatory reform shall publish the Michigan register, the Michigan administrative code, and the annual supplement to the Michigan administrative code free of charge on the office of regulatory reform's internet website and may publish these documents in printed or other electronic format for public subscription at a fee, determined by the department of management and budget, that is reasonably calculated to cover, but not to exceed, the publication and distribution costs. Any money collected by the department of management and budget from subscriptions shall be deposited into the general fund.  (2) The official Michigan administrative code is that published or made available on the office of regulatory reform's internet website free of charge. History: 1969, Act 306, Eff. July 1, 1970 ;-- Am. 1982, Act 413, Eff. Jan. 1, 1984 ;-- Am. 1986, Act 292, Imd. Eff. Dec. 22, 1986 ;-- Am. 1995, Act 178, Imd. Eff. Oct. 17, 1995 ;-- Am. 1999, Act 262, Eff. Apr. 1, 2000 ;-- Am. 2003, Act 53, Imd. Eff. July 14, 2003 Popular Name: Act 306Popular Name: APA
MI Comp L § 24.261 (2021)
2021 Michigan Compiled Laws|Chapter 24 - Printing and State Documents|Act 306 of 1969 - Administrative Procedures Act of 1969 (24.201 - 24.328)|306-1969-3 - Chapter 3 Procedures for Processing and Publishing Rules (24.231...24.266)|Section 24.261 - Filing and Publication of Rules; Presumptions Arising Therefrom; Judicial Notice.

24.261 Filing and publication of rules; presumptions arising therefrom; judicial notice. Sec. 61.  (1) The filing of a rule under this act raises a rebuttable presumption that the rule was adopted, filed with the secretary of state, and made available for public inspection as required by this act.  (2) The publication of a rule in the Michigan register, the Michigan administrative code, or in an annual supplement to the code raises a rebuttable presumption that:  (a) The rule was adopted, filed with the secretary of state, and made available for public inspection as required by this act.  (b) The rule printed in the publication is a true and correct copy of the promulgated rule.  (c) All requirements of this act relative to the rule have been complied with.  (3) The courts shall take judicial notice of a rule which becomes effective under this act. History: 1969, Act 306, Eff. July 1, 1970 ;-- Am. 1982, Act 413, Eff. Jan. 1, 1984 Popular Name: Act 306Popular Name: APA
MI Comp L § 24.263 (2021)
2021 Michigan Compiled Laws|Chapter 24 - Printing and State Documents|Act 306 of 1969 - Administrative Procedures Act of 1969 (24.201 - 24.328)|306-1969-3 - Chapter 3 Procedures for Processing and Publishing Rules (24.231...24.266)|Section 24.263 - Declaratory Ruling by Agency as to Applicability of Rule.

24.263 Declaratory ruling by agency as to applicability of rule. Sec. 63.  On request of an interested person, an agency may issue a declaratory ruling as to the applicability to an actual state of facts of a statute administered by the agency or of a rule or order of the agency. An agency shall prescribe by rule the form for such a request and procedure for its submission, consideration and disposition. A declaratory ruling is binding on the agency and the person requesting it unless it is altered or set aside by any court. An agency may not retroactively change a declaratory ruling, but nothing in this subsection prevents an agency from prospectively changing a declaratory ruling. A declaratory ruling is subject to judicial review in the same manner as an agency final decision or order in a contested case. History: 1969, Act 306, Eff. July 1, 1970 Admin Rule: R 32.11 et seq.; R 38.131 et seq.; R 299.5001 et seq.; R 323.1001 et seq.; R 324.1 et seq.; R 325.1211; R 325.10101 et seq.; R 338.81; R 340.1351 et seq.; R 400.1 et seq.; R 408.20001 et seq.; and R 436.1971 et seq. of the Michigan Administrative Code.Popular Name: Act 306Popular Name: APA
MI Comp L § 24.264 (2021)
2021 Michigan Compiled Laws|Chapter 24 - Printing and State Documents|Act 306 of 1969 - Administrative Procedures Act of 1969 (24.201 - 24.328)|306-1969-3 - Chapter 3 Procedures for Processing and Publishing Rules (24.231...24.266)|Section 24.264 - Declaratory Judgment as to Validity or Applicability of Rule.

24.264 Declaratory judgment as to validity or applicability of rule.Sec. 64.  Unless an exclusive procedure or remedy is provided by a statute governing the agency, the validity or applicability of a rule, including the failure of an agency to accurately assess the impact of the rule on businesses, including small businesses, in its regulatory impact statement, may be determined in an action for declaratory judgment if the court finds that the rule or its threatened application interferes with or impairs, or imminently threatens to interfere with or impair, the legal rights or privileges of the plaintiff. The action shall be filed in the circuit court of the county where the plaintiff resides or has his or her principal place of business in this state or in the circuit court for Ingham county. The agency shall be made a party to the action. An action for declaratory judgment may not be commenced under this section unless the plaintiff has first requested the agency for a declaratory ruling and the agency has denied the request or failed to act upon it expeditiously. This section shall not be construed to prohibit the determination of the validity or applicability of the rule in any other action or proceeding in which its invalidity or inapplicability is asserted. History: 1969, Act 306, Eff. July 1, 1970 ;-- Am. 2011, Act 243, Imd. Eff. Dec. 8, 2011 Popular Name: Act 306Popular Name: APA
MI Comp L § 24.271 (2021)
2021 Michigan Compiled Laws|Chapter 24 - Printing and State Documents|Act 306 of 1969 - Administrative Procedures Act of 1969 (24.201 - 24.328)|306-1969-4 - Chapter 4 Procedures in Contested Cases (24.271...24.288)|Section 24.271 - Parties in Contested Case; Time and Notice of Hearing; Service of Notice or Other Process on Legislator.

24.271 Parties in contested case; time and notice of hearing; service of notice or other process on legislator. Sec. 71.  (1) The parties in a contested case shall be given an opportunity for a hearing without undue delay.  (2) The parties shall be given a reasonable notice of the hearing, which notice shall include:  (a) A statement of the date, hour, place, and nature of the hearing. Unless otherwise specified in the notice the hearing shall be held at the principal office of the agency.  (b) A statement of the legal authority and jurisdiction under which the hearing is to be held.  (c) A reference to the particular sections of the statutes and rules involved.  (d) A short and plain statement of the matters asserted. If the agency or other party is unable to state the matters in detail at the time the notice is given, the initial notice may state the issues involved. Thereafter on application the agency or other party shall furnish a more definite and detailed statement on the issues.  (3) A member of the legislature shall not be privileged from service of notice or other process pursuant to this chapter except on a day on which there is a scheduled meeting of the house of which he or she is a member. However, a member of the legislature shall not be privileged from service of notice or other process pursuant to this chapter on a day on which there is a scheduled meeting of the house of which he or she is a member, if such service of notice or process is executed by certified mail, return receipt requested. History: 1969, Act 306, Eff. July 1, 1970 ;-- Am. 1984, Act 28, Imd. Eff. Mar. 12, 1984 Constitutionality: Administrative hearings under the Administrative Procedures Act, however informal, comport with the procedural fairness required by due process in the absence of an explicit statutory requirement that a contested evidentiary hearing be held. Convalescent Center v Blue Cross, 414 Mich 247; 324 NW2d 851 (1982).Popular Name: Act 306Popular Name: APA
MI Comp L § 24.272 (2021)
2021 Michigan Compiled Laws|Chapter 24 - Printing and State Documents|Act 306 of 1969 - Administrative Procedures Act of 1969 (24.201 - 24.328)|306-1969-4 - Chapter 4 Procedures in Contested Cases (24.271...24.288)|Section 24.272 - Defaults, Written Answers, Evidence, Argument, Cross-Examination.

24.272 Defaults, written answers, evidence, argument, cross-examination. Sec. 72.  (1) If a party fails to appear in a contested case after proper service of notice, the agency, if no adjournment is granted, may proceed with the hearing and make its decision in the absence of the party.  (2) A party who has been served with a notice of hearing may file a written answer before the date set for hearing.  (3) The parties shall be given an opportunity to present oral and written arguments on issues of law and policy and an opportunity to present evidence and argument on issues of fact.  (4) A party may cross-examine a witness, including the author of a document prepared by, on behalf of, or for use of the agency and offered in evidence. A party may submit rebuttal evidence. History: 1969, Act 306, Eff. July 1, 1970 Popular Name: Act 306Popular Name: APA
MI Comp L § 24.273 (2021)
2021 Michigan Compiled Laws|Chapter 24 - Printing and State Documents|Act 306 of 1969 - Administrative Procedures Act of 1969 (24.201 - 24.328)|306-1969-4 - Chapter 4 Procedures in Contested Cases (24.271...24.288)|Section 24.273 - Subpoenas; Issuance; Revocation.

24.273 Subpoenas; issuance; revocation. Sec. 73.  An agency authorized by statute to issue subpoenas, when a written request is made by a party in a contested case, shall issue subpoenas forthwith requiring the attendance and testimony of witnesses and the production of evidence including books, records, correspondence and documents in their possession or under their control. On written request, the agency shall revoke a subpoena if the evidence, the production of which is required, does not relate to a matter in issue, or if the subpoena does not describe with sufficient particularity the evidence the production of which is required, or if for any other reason sufficient in law the subpoena is invalid. Witness fees shall be paid to subpoenaed witnesses in accordance with section 2552 of Act No. 236 of the Public Acts of 1961, as amended, being section 600.2552 of the Compiled Laws of 1948. In case of refusal to comply with a subpoena, the party on whose behalf it was issued may file a petition, in the circuit court for Ingham county or for the county in which the agency hearing is held, for an order requiring compliance. History: 1969, Act 306, Eff. July 1, 1970 ;-- Am. 1970, Act 40, Imd. Eff. July 1, 1970 Popular Name: Act 306Popular Name: APA
MI Comp L § 24.274 (2021)
2021 Michigan Compiled Laws|Chapter 24 - Printing and State Documents|Act 306 of 1969 - Administrative Procedures Act of 1969 (24.201 - 24.328)|306-1969-4 - Chapter 4 Procedures in Contested Cases (24.271...24.288)|Section 24.274 - Oaths; Depositions; Disclosure of Agency Records.

24.274 Oaths; depositions; disclosure of agency records. Sec. 74.  (1) An officer of an agency may administer an oath or affirmation to a witness in a matter before the agency, certify to official acts and take depositions. A deposition may be used in lieu of other evidence when taken in compliance with the general court rules. An agency authorized to adjudicate contested cases may adopt rules providing for discovery and depositions to the extent and in the manner appropriate to its proceedings.  (2) An agency that relies on a witness in a contested case, whether or not an agency employee, who has made prior statements or reports with respect to the subject matter of his testimony, shall make such statements or reports available to opposing parties for use on cross-examination. On a request for identifiable agency records, with respect to disputed material facts involved in a contested case, except records related solely to the internal procedures of the agency or which are exempt from disclosure by law, an agency shall make such records promptly available to a party. History: 1969, Act 306, Eff. July 1, 1970 Popular Name: Act 306Popular Name: APA
MI Comp L § 24.275 (2021)
2021 Michigan Compiled Laws|Chapter 24 - Printing and State Documents|Act 306 of 1969 - Administrative Procedures Act of 1969 (24.201 - 24.328)|306-1969-4 - Chapter 4 Procedures in Contested Cases (24.271...24.288)|Section 24.275 - Evidence; Admissibility, Objections, Submission in Written Form.

24.275 Evidence; admissibility, objections, submission in written form. Sec. 75.  In a contested case the rules of evidence as applied in a nonjury civil case in circuit court shall be followed as far as practicable, but an agency may admit and give probative effect to evidence of a type commonly relied upon by reasonably prudent men in the conduct of their affairs. Irrelevant, immaterial or unduly repetitious evidence may be excluded. Effect shall be given to the rules of privilege recognized by law. Objections to offers of evidence may be made and shall be noted in the record. Subject to these requirements, an agency, for the purpose of expediting hearings and when the interests of the parties will not be substantially prejudiced thereby, may provide in a contested case or by rule for submission of all or part of the evidence in written form. History: 1969, Act 306, Eff. July 1, 1970 ;-- Am. 1970, Act 40, Imd. Eff. July 1, 1970 Popular Name: Act 306Popular Name: APA
MI Comp L § 24.276 (2021)
2021 Michigan Compiled Laws|Chapter 24 - Printing and State Documents|Act 306 of 1969 - Administrative Procedures Act of 1969 (24.201 - 24.328)|306-1969-4 - Chapter 4 Procedures in Contested Cases (24.271...24.288)|Section 24.276 - Evidence to Be Entered on Record; Documentary Evidence.

24.276 Evidence to be entered on record; documentary evidence. Sec. 76.  Evidence in a contested case, including records and documents in possession of an agency of which it desires to avail itself, shall be offered and made a part of the record. Other factual information or evidence shall not be considered in determination of the case, except as permitted under section 77. Documentary evidence may be received in the form of a copy or excerpt, if the original is not readily available, or may be incorporated by reference, if the materials so incorporated are available for examination by the parties. Upon timely request, a party shall be given an opportunity to compare the copy with the original when available. History: 1969, Act 306, Eff. July 1, 1970 Popular Name: Act 306Popular Name: APA
MI Comp L § 24.277 (2021)
2021 Michigan Compiled Laws|Chapter 24 - Printing and State Documents|Act 306 of 1969 - Administrative Procedures Act of 1969 (24.201 - 24.328)|306-1969-4 - Chapter 4 Procedures in Contested Cases (24.271...24.288)|Section 24.277 - Official Notice of Facts; Evaluation of Evidence.

24.277 Official notice of facts; evaluation of evidence. Sec. 77.  An agency in a contested case may take official notice of judicially cognizable facts, and may take notice of general, technical or scientific facts within the agency's specialized knowledge. The agency shall notify parties at the earliest practicable time of any noticed fact which pertains to a material disputed issue which is being adjudicated, and on timely request the parties shall be given an opportunity before final decision to dispute the fact or its materiality. An agency may use its experience, technical competence and specialized knowledge in the evaluation of evidence presented to it. History: 1969, Act 306, Eff. July 1, 1970 ;-- Am. 1970, Act 40, Imd. Eff. July 1, 1970 Popular Name: Act 306Popular Name: APA
MI Comp L § 24.278 (2021)
2021 Michigan Compiled Laws|Chapter 24 - Printing and State Documents|Act 306 of 1969 - Administrative Procedures Act of 1969 (24.201 - 24.328)|306-1969-4 - Chapter 4 Procedures in Contested Cases (24.271...24.288)|Section 24.278 - Stipulations; Disposition of Cases, Methods.

24.278 Stipulations; disposition of cases, methods. Sec. 78.  (1) The parties in a contested case by a stipulation in writing filed with the agency may agree upon any fact involved in the controversy, which stipulation shall be used as evidence at the hearing and be binding on the parties thereto. Parties are requested to thus agree upon facts when practicable.  (2) Except as otherwise provided by law, disposition may be made of a contested case by stipulation, agreed settlement, consent order, waiver, default or other method agreed upon by the parties. History: 1969, Act 306, Eff. July 1, 1970 ;-- Am. 1970, Act 40, Imd. Eff. July 1, 1970 Popular Name: Act 306Popular Name: APA
MI Comp L § 24.279 (2021)
2021 Michigan Compiled Laws|Chapter 24 - Printing and State Documents|Act 306 of 1969 - Administrative Procedures Act of 1969 (24.201 - 24.328)|306-1969-4 - Chapter 4 Procedures in Contested Cases (24.271...24.288)|Section 24.279 - Presiding Officers; Designation; Disqualification, Inability.

24.279 Presiding officers; designation; disqualification, inability. Sec. 79.  An agency, 1 or more members of the agency, a person designated by statute or 1 or more hearing officers designated and authorized by the agency to handle contested cases, shall be presiding officers in contested cases. Hearings shall be conducted in an impartial manner. On the filing in good faith by a party of a timely and sufficient affidavit of personal bias or disqualification of a presiding officer, the agency shall determine the matter as a part of the record in the case, and its determination shall be subject to judicial review at the conclusion of the proceeding. When a presiding officer is disqualified or it is impracticable for him to continue the hearing, another presiding officer may be assigned to continue with the case unless it is shown that substantial prejudice to the party will result therefrom. History: 1969, Act 306, Eff. July 1, 1970 ;-- Am. 1970, Act 40, Imd. Eff. July 1, 1970 Popular Name: Act 306Popular Name: APA
MI Comp L § 24.281 (2021)
2021 Michigan Compiled Laws|Chapter 24 - Printing and State Documents|Act 306 of 1969 - Administrative Procedures Act of 1969 (24.201 - 24.328)|306-1969-4 - Chapter 4 Procedures in Contested Cases (24.271...24.288)|Section 24.281 - Proposals for Decision; Contents.

24.281 Proposals for decision; contents. Sec. 81.  (1) When the official or a majority of the officials of the agency who are to make a final decision have not heard a contested case or read the record, the decision, if adverse to a party to the proceeding other than the agency itself, shall not be made until a proposal for decision is served on the parties, and an opportunity is given to each party adversely affected to file exceptions and present written arguments to the officials who are to make the decision. Oral argument may be permitted with consent of the agency.  (2) The proposal for decision shall contain a statement of the reasons therefor and of each issue of fact and law necessary to the proposed decision, prepared by a person who conducted the hearing or who has read the record.  (3) The decision, without further proceedings, shall become the final decision of the agency in the absence of the filing of exceptions or review by action of the agency within the time provided by rule. On appeal from or review of a proposal of decision the agency, except as it may limit the issue upon notice or by rule, shall have all the powers which it would have if it had presided at the hearing.  (4) The parties, by written stipulation or at the hearing, may waive compliance with this section. History: 1969, Act 306, Eff. July 1, 1970 ;-- Am. 1970, Act 40, Imd. Eff. July 1, 1970 Popular Name: Act 306Popular Name: APA
MI Comp L § 24.282 (2021)
2021 Michigan Compiled Laws|Chapter 24 - Printing and State Documents|Act 306 of 1969 - Administrative Procedures Act of 1969 (24.201 - 24.328)|306-1969-4 - Chapter 4 Procedures in Contested Cases (24.271...24.288)|Section 24.282 - Communications by Agency Staff; Limitations; Exceptions.

24.282 Communications by agency staff; limitations; exceptions. Sec. 82.  Unless required for disposition of an ex parte matter authorized by law, a member or employee of an agency assigned to make a decision or to make findings of fact and conclusions of law in a contested case shall not communicate, directly or indirectly, in connection with any issue of fact, with any person or party, nor, in connection with any issue of law, with any party or his representative, except on notice and opportunity for all parties to participate. This prohibition begins at the time of the notice of hearing. An agency member may communicate with other members of the agency and may have the aid and advice of the agency staff other than the staff which has been or is engaged in investigating or prosecuting functions in connection with the case under consideration or a factually related case. This section does not apply to an agency employee, or party representative with professional training in accounting, actuarial science, economics, financial analysis or rate-making, in a contested case before the financial institutions bureau, the insurance bureau or the public service commission insofar as the case involves rate-making or financial practices or conditions. History: 1969, Act 306, Eff. July 1, 1970 ;-- Am. 1970, Act 40, Imd. Eff. July 1, 1970 Popular Name: Act 306Popular Name: APA