reglab/statecodes huggingface dataset:
Michigan Administrative Code › Department - Civil Rights › Civil Rights Commission › Qualified Interpreter - General Rules › Part 5 - MINIMUM STANDARDS OF PRACTICE › Section R. 393.5058 - Waivers

Current through Vol. 24-12, July 15, 2024
Rule 58.
(1) As provided in MCL 393.503(3), the right of a deaf, deafblind, or hard of hearing person to a qualified interpreter shall not be waived except by a request for waiver in writing by the deaf, deafblind, or hard of hearing person.
(2) A D/DB/HH person shall not be coerced, threatened, or intimidated into signing a waiver or partial waiver to utilize a nonqualified or underqualified person who signs and any such agreement is void. A waiver, limited waiver, or other decision to proceed with an under-qualified interpreter does not obviate or mitigate any responsibility for a failure to provide a qualified interpreter when required to do so.
(3) As provided in MCL 393.507(1), court appointed interpreter, qualified interpreter, intermediary interpreter, or deaf interpreter shall be paid a fee by the court that the court determines to be reasonable. A qualified interpreter, intermediary interpreter, or deaf interpreter appointed by an appointing authority other than a court shall be paid a fee by the appointing authority. An appointing authority is not required to compensate an unqualified or underqualified interpreter.
(4) The division shall create recommended waiver and limited waiver forms and make them available on its website. It shall also post explanatory information both in writing and in sign language format.
Michigan Administrative Code › Department - Civil Rights › Civil Rights Commission › Qualified Interpreter - General Rules › Part 6 - GRIEVANCE AND COMPLAINT PROCEDURES › Section R. 393.5061 - Filing grievances and complaints

Current through Vol. 24-12, July 15, 2024
Rule 61.
(1) A person may file a grievance with the division for any of the following types of complaints:
(a) Complaints against an appointing authority for using an unqualified or underqualified interpreter in violation of the act.
(b) Complaints against a person providing interpreting services without being qualified as required by the act.
(c) Grievance against a qualified interpreter for violation of the act or these rules.
Michigan Administrative Code › Department - Civil Rights › Civil Rights Commission › Qualified Interpreter - General Rules › Part 6 - GRIEVANCE AND COMPLAINT PROCEDURES › Section R. 393.5062 - Investigation; correspondence file; acknowledgment of grievance

Current through Vol. 24-12, July 15, 2024
Rule 62. The division, upon receipt of a grievance, shall immediately begin its investigation of the allegations and shall open a correspondence file. The division shall make a written acknowledgment within 21 business days after receipt of the grievance to the parties involved in the grievance.
Michigan Administrative Code › Department - Civil Rights › Civil Rights Commission › Qualified Interpreter - General Rules › Part 6 - GRIEVANCE AND COMPLAINT PROCEDURES › Section R. 393.5063 - Reply by respondent; investigation

Current through Vol. 24-12, July 15, 2024
Rule 63.
(1) The respondent shall reply to the grievance within 35 calendar days after the respondents receipt of the grievance. The reply shall be verified by date stamped on United States mail or other means indicated as acceptable by the division.
(2) The division shall conduct the investigation by reviewing the grievance and the respondents reply to determine whether a violation of the act or these rules occurred. The division may request additional information from either party.
(3) The division may consult with experts in the field.
(4) At any time after respondents receipt of the grievance, if all parties and the division agree, the matter may be submitted to mediation or other alternative dispute resolution process which shall toll all time periods provided by these rules for not more than 60 days.
Michigan Administrative Code › Department - Civil Rights › Civil Rights Commission › Qualified Interpreter - General Rules › Part 6 - GRIEVANCE AND COMPLAINT PROCEDURES › Section R. 393.5064 - Investigation; closing grievance; formal complaint

Current through Vol. 24-12, July 15, 2024
Rule 64.
(1) If the divisions investigation does not disclose a violation of the act or a rule promulgated under the act, the division shall close the grievance. The reasons for closing the grievance shall be forwarded to the respondent and complainant.
(2) If the division investigation discloses evidence of a violation of the act or a rule promulgated under the act, the division shall prepare a formal complaint against the respondent.
Michigan Administrative Code › Department - Civil Rights › Civil Rights Commission › Qualified Interpreter - General Rules › Part 7 - PROCEDURES FOR REVOCATION, SUSPENSION, LIMITATION OF CERTIFICATION, REINSTATEMENT › Section R. 393.5072 - Formal complaint and notice; service; informal conference; methods of settlement; representation; summary suspension

Current through Vol. 24-12, July 15, 2024
Rule 72.
(1) After an investigation has been conducted and a formal complaint prepared, the division shall serve the formal complaint upon the respondent through certified mail with a return receipt requested and provide a copy to the complainant.
(2) A respondent upon whom service of a formal complaint has been made has 28 calendar days to reply.
(3) After the issuance of a formal complaint, the division may assemble together the complainant and the respondent for an informal conference or mediation. At the informal conference or mediation, the division shall attempt to resolve issues stated on the complaint and may assist the parties in reaching a formal settlement or stipulation.
(4) If a respondent fails to file an answer to the complaint with the division within 28 days after receipt of the formal complaint, a default shall be entered by the division. A default may result in a reprimand, suspension, revocation, or limitation of a certificate as provided for in the act.
(5) An informal conference may result in a settlement, consent order, waiver, default, or other method of settlement agreed upon by the parties and the division.
(6) If the informal conference does not result in a resolution of the formal complaint, the matter shall be referred to the Michigan administrative hearing system or its successor for an administrative hearing.
(7) An authorized employee or agent of the division may represent the department in a contested case.
(8) A respondent may be represented at a hearing by an authorized representative or legal counsel at the respondents own expense.
(9) At any time after a formal complaint is filed involving public health, safety, or welfare requiring emergency action, the department may file a petition in circuit court for the county in which the subject of the formal complaint occurs, or the county in which a respondent resides or transacts business, seeking appropriate temporary relief against the respondent, pending final determination of proceedings, including an order or decree restraining the respondent. The court may grant temporary relief or a restraining order as it deems just and proper.
(10) The division shall issue an order summarily suspending a certification based upon the holder of the certificate having been convicted of a felony.
Michigan Administrative Code › Department - Civil Rights › Civil Rights Commission › Qualified Interpreter - General Rules › Part 7 - PROCEDURES FOR REVOCATION, SUSPENSION, LIMITATION OF CERTIFICATION, REINSTATEMENT › Section R. 393.5073 - Certification; limitations; duration of suspension; standards and procedures for reinstatement after revocation or suspension

Current through Vol. 24-12, July 15, 2024
Rule 73.
(1) The division may impose sanctions, including limitations, suspension, or revocation of a certification. These sanctions on the certification shall continue until the expiration of the period in the order or until the certification is reinstated pursuant to this rule, whichever is later.
(2) A petition for reinstatement of a certification that has been suspended or revoked shall be made in accordance with this rule.
(3) A certification may be suspended for a period of 10 calendar days , 30 calendar days, 60 calendar days, 90 calendar days, 6 months, 1 year, 2 years, or completely revoked, depending on severity of the violation or the frequency of violations.
(4) If a certification has been suspended, it is presumed that the respondent meets the requirements of reinstatement unless any of the following occurs:
(a) Another complaint has been filed and is pending at the end of the minimum suspension period.
(b) A subsequent disciplinary order has been entered.
(c) A petition with supporting affidavit has been filed by a complainant alleging that the respondent has failed to fulfill a term of the suspension order.
Michigan Administrative Code › Department - Civil Rights › Civil Rights Commission › Qualified Interpreter - General Rules › Part 7 - PROCEDURES FOR REVOCATION, SUSPENSION, LIMITATION OF CERTIFICATION, REINSTATEMENT › Section R. 393.5074 - Compliance with act, rule, or order

Current through Vol. 24-12, July 15, 2024
Rule 74. This rule does not prevent a person against whom a grievance has been filed from showing compliance with the act, or a rule or an order promulgated or issued under the act.
Michigan Administrative Code › Department - Civil Rights › Civil Rights Commission › Qualified Interpreter - General Rules › Part 7 - PROCEDURES FOR REVOCATION, SUSPENSION, LIMITATION OF CERTIFICATION, REINSTATEMENT › Section R. 393.5075 - Hearings

Current through Vol. 24-12, July 15, 2024
Rule 75.
(1) Hearings shall be held pursuant to administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.
(2) Appeal decisions provided in R 393.5033(5) shall be made by the director of the division on deaf and hard of hearing and include a review of the documents submitted.
(3) The director shall within 10 business days of receiving a request for an appeal, review any additional documentation provided by the appellant and render a decision.
(4) Judicial review of a final decision or order shall be available as provided by the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.
Michigan Administrative Code › Department - Civil Rights › Civil Rights Commission › Qualified Interpreter - General Rules › Part 7 - PROCEDURES FOR REVOCATION, SUSPENSION, LIMITATION OF CERTIFICATION, REINSTATEMENT › Section R. 393.5076 - Appointing authorities; allegations of violations

Current through Vol. 24-12, July 15, 2024
Rule 76.
(1) If the division believes that an appointing authority has used an unqualified person for purposes requiring a qualified interpreter under the act, the division shall notify the appointing authority, in writing, of the allegation.
(2) The division may refer the information described in subrule (1) of this rule to the Michigan department of civil rights or a federal agency for civil enforcement of relevant disability law or laws.
(3) The division may refer subsequent substantiated instances of the same allegations to a local prosecutor for action pursuant to MCL 393.508b.
(4) The division shall educate appointing authorities about the provisions of the act and these rules.
Michigan Administrative Code › Department - Civil Rights › Civil Rights Commission › Qualified Interpreter - General Rules › Part 7 - PROCEDURES FOR REVOCATION, SUSPENSION, LIMITATION OF CERTIFICATION, REINSTATEMENT › Section R. 393.5077 - Public inquiries

Current through Vol. 24-12, July 15, 2024
Rule 77.
(1) Details regarding unsubstantiated grievances shall be immediately purged from the interpreters file.
(2) Formal complaints, disciplinary actions, and the number of substantiated violations shall be available to the public. Information regarding violations shall be placed in the person's records with the division, indicating the nature of the violation and the conditions imposed. Substantiated violations will be listed as part of public record on the interpreter database.
(3) Complaints that result in an administrative hearing or disciplinary action, or both, are public information, and the files maintained according to retention and disposal schedules of the department.
Michigan Administrative Code › Department - Civil Rights › Civil Rights Commission › Qualified Interpreter - General Rules › Part 8 - CONTINUING EDUCATION › Section R. 393.5081 - Professional development; continuing education

Current through Vol. 24-12, July 15, 2024
Rule 81.
(1) All state-certified qualified interpreters shall complete 8.0 CEUs during each 4-year cycle established at the time the first state credential is issued to the qualified interpreter. The CEUs shall consist of all the following:
(a) A minimum of 5.0 CEUs in professional studies.
(b) A minimum of 2.0 CEUs in ethics.
(c) A minimum of 1.0 CEU in general studies or electives.
Michigan Administrative Code › Department - Civil Rights › Civil Rights Commission › Qualified Interpreter - General Rules › Part 8 - CONTINUING EDUCATION › Section R. 393.5082 - Division records; professional development; continuing education

Current through Vol. 24-12, July 15, 2024
Rule 82.
(1) The division shall maintain a database that includes a record of each state-certified interpreters attained CEUs and each nationally certified interpreter with endorsements. The applicant shall ensure that his or her hours are properly documented.
(2) Qualified interpreters shall submit a division CEU reporting form with documents attached to verify his or her participation in activities earning CEUs at renewal time.
(3) Supporting documents will not be returned. Documentation shall include all of the following on a certificate of attendance or letter of participation, or on a professional development transcript:
(a) Name of sponsoring organization.
(b) Program date.
(c) Title of program.
(d) Start and stop time.
(e) Signature of sponsor verifying that the participant was present and stayed for the length of the training.
(f) Number of CEUs issued.
Michigan Administrative Code › Department - Civil Rights › Civil Rights Commission › Qualified Interpreter - General Rules › Part 8 - CONTINUING EDUCATION › Section R. 393.5083 - CEU requirements; medical; legal; deafblind; educational

Current through Vol. 24-12, July 15, 2024
Rule 83.
(1) An interpreter qualified to interpret for a proceeding in standards level 2 and 3 shall meet the following requirements when fulfilling continuing education requirements for each cycle, as applicable:
(a) Acquire a minimum of 2.0 CEUs on health care and mental health interpreting related subjects for every 4-year cycle in medical and mental health environments and maintain medical endorsement.
(b) Acquire a minimum of 2.0 CEUs related to legal interpreting and related subjects for every 4-year cycle in legal environments and maintain legal endorsement.
Michigan Administrative Code › Department - Civil Rights › Civil Rights Commission › Qualified Interpreter - General Rules › Part 8 - CONTINUING EDUCATION › Section R. 393.5084 - CEU activities; automatic approval

Current through Vol. 24-12, July 15, 2024
Rule 84. College credit or successfully audited college courses documented by a transcript that shows the name of the institution, number of hours, name of participant, date completed, and evidence of successful completion, shall receive automatic approval.
Michigan Administrative Code › Department - Civil Rights › Civil Rights Commission › Qualified Interpreter - General Rules › Part 8 - CONTINUING EDUCATION › Section R. 393.5085 - Sponsored activities

Current through Vol. 24-12, July 15, 2024
Rule 85.
(1) At least 4 weeks in advance of the activity, a person, firm, association, corporation, or group, other than those addressed in R 393.5084, seeking pre-approval as a CEU sponsor shall submit a sponsorship application to the division for approval along with all of the following:
(a) Completion of DODHH CEU event sponsorship request form available on the division website or through the division office.
(b) A detailed and timed training outline, a description of course materials, and the presenters name and short biography including credentials.
(c) Copies of advertisements, flyers, or registration forms.
(d) Measurable objectives for the program.
(e) Agreement to display the division approval language and logo.
(f) Assurance that the sponsor has verification of the expertise of the trainer or workshop presenter in the topics presented.
(g)The number of contact hours for each program, the date, and the place of the workshop/event.
Michigan Administrative Code › Department - Civil Rights › Civil Rights Commission › Qualified Interpreter - General Rules › Part 8 - CONTINUING EDUCATION › Section R. 393.5086 - Independent study

Current through Vol. 24-12, July 15, 2024
Rule 86. All workshops, study groups, professional conferences, or other mentoring activities that are self-directed shall be submitted for preapproval by the interpreter to the division at least 4 weeks before the activity. An interpreter shall submit all of the following documentation, as appropriate:
(a) An independent study form provided by the division with an application fee, as required in R 393.5094.
(b) A timed, detailed agenda or advertisement.
(c) A certificate of attendance received after participation, or a letter of verification on official letterhead of the sponsor, stating the name of the participant, time attended or spent in participation, and the topic.
Michigan Administrative Code › Department - Civil Rights › Civil Rights Commission › Qualified Interpreter - General Rules › Part 9 - PROCEDURES FOR RENEWAL › Section R. 393.5091 - Renewal; expiration; renewal of credentials

Current through Vol. 24-12, July 15, 2024
Rule 91.
(1) An interpreter desiring to interpret for a proceeding for D/DB/HH persons residing in this state shall maintain current certification and listing as a qualified interpreter in this state.
(2) The state-issued credential issued to RID certificate holders and EIPA certificate holders expires on June 30 of the year following the initial certification.
(3) An interpreter holding an EIPA or RID credential shall annually submit a renewal application on forms provided by the division, along with professional development documentation and appropriate fee, so that it is postmarked on or before June 30. Each nationally certified interpreter shall also submit a valid copy of his or her interpreter card issued by RID or receipt showing certification maintenance payment and certification level(s).
(4) An application submitted by the postmark date of June 30 is exempt from late fees; however, the postmark does not guarantee processing of the applications mailed less than 10 business days before June 30.
(5) An EIPA or RID certified interpreter who fails to renew his or her qualified interpreter certificate in this state by June 30 of the year in which his or her credential expires shall pay a late fee equal to &frac12 the renewal fee as provided under R 393.5094, in addition to the regular renewal fee.
(6) An EIPA or RID certified interpreter who fails to submit his or her renewal within 45 calendar days following the date that the credential expired shall pay a reinstatement fee in addition to late fees.
Michigan Administrative Code › Department - Civil Rights › Civil Rights Commission › Qualified Interpreter - General Rules › Part 9 - PROCEDURES FOR RENEWAL › Section R. 393.5092 - Renewal for state-certified qualified interpreters; retesting

Current through Vol. 24-12, July 15, 2024
Rule 92.
(1) The state-issued credential of every qualified interpreter holding state issued certification by examination shall meet the renewal requirements of R 393.5091(1).
(2) The state-issued credential to BEI certificate holders shall expire annually on the date of the initial certification.
(3) The state issued credential to DI certificate holders shall expire annually on the date of the initial certification.
(4) An interpreter holding a state issued certification shall annually submit a renewal application on forms provided by the division, along with professional development documentation and appropriate fee, so that it is postmarked on or before its individualized date.
(5) A qualified interpreter who fails to renew his or her qualified interpreter certificate in this state by the due date in which his or her credential expires shall pay a late fee equal to &frac12 the renewal fee as provided under R 393.5094, in addition to the regular renewal fee.
(6) A state-certified qualified interpreter who allows his or her credential to lapse shall be required to retest, unless the fully completed renewal is submitted within 90 calendar days following the date that the credential expired.
(7) An interpreters 4-year testing cycle begins upon achieving a MI BEI. At the end of each 4-year testing cycle, a qualified interpreter with a MI BEI I certificate on the state-administered examination MI BEI shall continue to retest for a higher certification in addition to meeting all other renewal requirements. An extension will not be granted for failure to successfully complete testing before the end of the testing cycle. A reinstatement fee plus testing will be required.
(8) The holder of a MI BEI I shall submit his or her CEU requirements annually.
(9) Upon passage of the MI BEI II test or higher level, an interpreter qualified through the state-certification process shall not be required to test every 4 years. The interpreter may submit 2.0 CEUs requirements annually or 4.0 CEUs every other year. Renewal fees are due annually.
(10) The division may prorate the number of CEUs due from an person that is transitioning from a lower standard level certification to a higher level standard level certification. Prorated CEUs shall be rounded to the nearest whole number.
Michigan Administrative Code › Department - Civil Rights › Civil Rights Commission › Qualified Interpreter - General Rules › Part 9 - PROCEDURES FOR RENEWAL › Section R. 393.5093 - Notification; change of address; renewal

Current through Vol. 24-12, July 15, 2024
Rule 93.
(1) A qualified interpreter shall notify the division of any change of address or contact information within 30 days of the occurrence of the change.
(2) Failure to receive a renewal notification from the division does not constitute an excuse for failure to submit a renewal application to the division with the appropriate documentation and fees by the due date.
Michigan Administrative Code › Department - Civil Rights › Civil Rights Commission › Qualified Interpreter - General Rules › Part 9 - PROCEDURES FOR RENEWAL › Section R. 393.5094 - Fees

Current through Vol. 24-12, July 15, 2024
Rule 94. The following fees shall be paid to the division, as appropriate:
(a) Renewal or application fees provided under MCL 393.508c.
(b) Testing fees provided under MCL 393.508e
(c) Fees for other services provided by the division to carry out the provisions of MCL 408.204 as follows:
(i) A $45 renewal fee that includes the late fee prescribed in R 393.5091, if a person fails to renew on or before the expiration date prescribed by the division.
(ii) A $10 duplicate credential fee, if the person applying for a duplicate credential signs a statement verifying that the original document has been lost, stolen, or destroyed.
(iii) A $10 fee for providing written verification that a person is or is not certified with the division at the time of the request for verification.
(iv) A $35 fee to provide specific detailed information in addition to and including the information described in paragraph (iii) of this subdivision.
(v) A $10 fee for correcting division records and issuing a new credential when a person notifies the division of a change of name, address, or employer. If the change does not require the issuance of a new credential, no charge shall be made for correcting the divisions records.
(vi) A $20 fee for an assessment of English skills for interpreters who have not already passed an equivalent assessment, when required for medical and legal designations, or as an English proficiency proctoring fee.
(vii) A $25 fee for organizational sponsorship of professional development units (CEUs).
(viii) A $125 reinstatement fee as described in R 393.5091(6) and R 393.5092(7).
Michigan Administrative Code › Department - Civil Rights › Civil Rights Commission › Qualified Interpreter - General Rules › Part 9 - PROCEDURES FOR RENEWAL › Section R. 393.5095 - Refunds; conditions; rescheduling examinations

Current through Vol. 24-12, July 15, 2024
Rule 95.
(1) The division shall issue refunds if it cancels an examination or service that was paid for and not received due to cancellation or error by the division, except for events that will be rescheduled.
(2) If approved by the division, a refund shall be issued if the testing candidate or his or her immediate family experiences death, serious illness, a call to active duty, or another situation beyond his or her control. The person shall notify the division of the circumstance as soon as possible before the event for which the fee was paid. Proof shall be provided not later than 30 days after the occurrence.
(3) Failure to appear for a performance examination on a scheduled date, or arriving more than 15 minutes late for a confirmed performance examination, shall result in forfeiture of the examination fee, unless waived by the division.
(4) The fee is subject to forfeiture if the candidate for Test of English Proficiency fails to arrive or arrives after the testing door has closed.
(5) Consideration shall be given for severe weather conditions if the conditions cause an applicant to fail to appear or to be late in arriving to the examination.
(6) The division shall follow school closure notification in determining severe weather to cancel events or testing. If the school district is closed, testing shall be cancelled and rescheduled. No refunds shall be given if an event is rescheduled.
(7) The division shall offer an opportunity to the applicant to reschedule an examination as soon as possible after the cancellation of the examination. If the person does not complete the examination within 1 calendar year of the cancellation, then the fee shall be forfeited.
Michigan Administrative Code › Department - Corrections › Bureau of Correctional Facilities › Jails and Lockups › Section R. 791.701 - Definitions

Current through Vol. 24-12, July 15, 2024
Rule 1.
(1) As used in these rules:
(a) "Department" means the department of corrections.
(b) "Detoxification cell" means a cell used to temporarily hold 1 or more chemically impaired persons during the detoxification process until they can care for themselves and be moved to general housing areas.
(c) "Director" means the director of the department.
(d) "Drugs" means any prescribed medicine or controlled substance.
(e) "Facility" means a jail or lockup, including the buildings and site.
(f) "Security area" means a defined space that has controlled access and egress.
Michigan Administrative Code › Department - Corrections › Bureau of Correctional Facilities › Jails and Lockups › Section R. 791.702 - Firearms; training

Current through Vol. 24-12, July 15, 2024
Rule 2. A facility shall establish and maintain written policy and practice which provide that all personnel authorized to use firearms receive appropriate training before being assigned to a post involving the possible use of firearms. Firearms training shall cover the use, safety, and care of firearms and the constraints on their use. All personnel authorized to use firearms shall demonstrate competency in the use of firearms at least annually.
Michigan Administrative Code › Department - Corrections › Bureau of Correctional Facilities › Jails and Lockups › Section R. 791.704 - Exits

Current through Vol. 24-12, July 15, 2024
Rule 4. A facility shall have exits that are properly positioned, clear, and distinctly and permanently marked to ensure the timely evacuation of inmates and staff in the event of fire or other emergency. All housing areas and places of assembly shall have 2 exits.
Michigan Administrative Code › Department - Corrections › Bureau of Correctional Facilities › Jails and Lockups › Section R. 791.706 - Use of force

Current through Vol. 24-12, July 15, 2024
Rule 6. A facility shall establish and maintain written policy, procedure, and practice which restrict the use of physical force to instances of justifiable self-defense, protection of others, protection of property, and prevention of escapes, and then only as a last resort and in accordance with appropriate statutory authority. Physical force shall not be used as punishment. A written report is prepared after force is used and is submitted to administrative staff for review.
Michigan Administrative Code › Department - Corrections › Bureau of Correctional Facilities › Jails and Lockups › Section R. 791.707 - Firearms

Current through Vol. 24-12, July 15, 2024
Rule 7. A facility shall establish and maintain written policy and procedure which govern the use of firearms, including all of the following requirements:
(a) Weapons are subjected to safety regulations and inspections.
(b) A secure weapons locker is located outside the security perimeter of the facility.
(c) Except in emergency situations, firearms and impact weapons are permitted only in designated areas within the secured confines of the facility.
(d) Employees supervising inmates outside the facility perimeter shall follow facility procedures for the security of weapons and the use of force.
(e) Employees on duty shall only use firearms or other security equipment that has been approved through facility policies.
Michigan Administrative Code › Department - Corrections › Bureau of Correctional Facilities › Jails and Lockups › Section R. 791.708 - Fire safety

Current through Vol. 24-12, July 15, 2024
Rule 8. A facility shall conform to applicable federal, state, and local fire safety codes. A facility shall obtain evidence of compliance with applicable fire safety codes. A fire alarm and automatic detection system are required, as approved by the authority having jurisdiction. If facility is not equipped with a fire alarm and automatic detection system, then the facility shall establish a plan, within a reasonable time period, to address the lack of an alarm and detection system and to address any deficiencies.
Michigan Administrative Code › Department - Corrections › Bureau of Correctional Facilities › Jails and Lockups › Section R. 791.709 - Fire prevention

Current through Vol. 24-12, July 15, 2024
Rule 9. A facility shall establish and maintain written policy and procedure that specify the facility's fire prevention regulations and practices to provide for the safety of staff, inmates, and visitors. Policy and procedure shall include, but not be limited to, all of the following:
(a) Provision for accessible, timely, and responsive fire protection service.
(b) A system of fire inspection and testing of equipment at least quarterly.
(c) An annual inspection by local or state fire officials or other qualified person or persons.
(d) The availability of fire hoses or extinguishers at appropriate locations throughout the facility.
Michigan Administrative Code › Department - Corrections › Bureau of Correctional Facilities › Jails and Lockups › Section R. 791.710 - Fire inspections

Current through Vol. 24-12, July 15, 2024
Rule 10. A facility shall establish and maintain written policy, procedure, and practice that provide for a comprehensive monthly inspection of the facility by a trained person designated by the facility administrator. The policy and procedure is reviewed annually and updated as needed.
Michigan Administrative Code › Department - Corrections › Bureau of Correctional Facilities › Jails and Lockups › Section R. 791.712 - Ashtrays

Current through Vol. 24-12, July 15, 2024
Rule 12. If smoking is permitted, a facility shall be equipped with noncombustible receptacles for smoking materials and separate containers for other combustible refuse at accessible locations throughout living quarters in the facility. All receptacles and containers shall be emptied and cleaned daily.
Michigan Administrative Code › Department - Corrections › Bureau of Correctional Facilities › Jails and Lockups › Section R. 791.713 - Flammable, toxic, and caustic materials

Current through Vol. 24-12, July 15, 2024
Rule 13. A facility shall establish and maintain written policy, procedure, and practice that govern the control and use of all flammable, toxic, and caustic materials. Special containers are provided for flammable liquids and for rags used with flammable liquids.
Michigan Administrative Code › Department - Corrections › Bureau of Correctional Facilities › Jails and Lockups › Section R. 791.715 - Evacuation plans

Current through Vol. 24-12, July 15, 2024
Rule 15. A facility shall establish and maintain a written evacuation plant be used in the event of fire or major emergency. The plan is approved in writing by an independent, outside inspector trained in the application of national fire safety codes and is reviewed annually, updated if necessary, and reissued. The plan shall provide for all of the following:
(a) Location of building/room floor plans.
(b) Use of exit signs and directional arrows for traffic flow.
(c) Location of the publicly posted evacuation plan.
(d) At least quarterly drills in all facility locations, which may include staff drills.
Michigan Administrative Code › Department - Corrections › Bureau of Correctional Facilities › Jails and Lockups › Section R. 791.716 - Emergency release of inmates

Current through Vol. 24-12, July 15, 2024
Rule 16. A facility shall establish and maintain written policy, procedure, and practice that specify the means for the expeditious release of inmates from locked areas in case of emergency and provide for a backup system regarding the placement of inmates.
Michigan Administrative Code › Department - Corrections › Bureau of Correctional Facilities › Jails and Lockups › Section R. 791.717 - Security threats

Current through Vol. 24-12, July 15, 2024
Rule 17.
(1) A facility shall establish and maintain written plans that specify the procedures to be followed in situations that threaten facility security, including all of the following:
(a) Riots.
(b) Hunger strikes.
(c) Disturbances.
(d) The taking of hostages.
Michigan Administrative Code › Department - Corrections › Bureau of Correctional Facilities › Jails and Lockups › Section R. 791.718 - Inmate rights

Current through Vol. 24-12, July 15, 2024
Rule 18. A facility shall establish and maintain written policy, procedure, and practice that protects inmates from all of the following that would constitute a civil or criminal violation:
(a) Personal abuse.
(b) Corporal punishment.
(c) Personal injury.
(d) Disease.
(e) Property damage.
(f) Harassment.
Michigan Administrative Code › Department - Corrections › Bureau of Correctional Facilities › Jails and Lockups › Section R. 791.719 - Dietary allowances

Current through Vol. 24-12, July 15, 2024
Rule 19. A facility shall maintain documentation that the facilitys dietary allowances are reviewed at least annually by a dietician. Menu evaluations are conducted at least quarterly by facility food service supervisory staff to verify adherence to the established basic daily servings.
Michigan Administrative Code › Department - Corrections › Bureau of Correctional Facilities › Jails and Lockups › Section R. 791.721 - Food service health safety

Current through Vol. 24-12, July 15, 2024
Rule 21. If required to be inspected by state law, a facility shall be inspected by the local public health authority. If a facility is not required by state law to be inspected, then a trained health inspector must certify compliance with applicable federal law.
Michigan Administrative Code › Department - Corrections › Bureau of Correctional Facilities › Jails and Lockups › Section R. 791.722 - Food service health policy

Current through Vol. 24-12, July 15, 2024
Rule 22. A facility shall establish and maintain written policy, procedure, and practice that provide for adequate health protection for all inmates and staff in the facility and for inmates and other persons who working food service where required by laws and regulations applicable to food service employees in the community where the facility is located.
Michigan Administrative Code › Department - Corrections › Bureau of Correctional Facilities › Jails and Lockups › Section R. 791.723 - Food service inspections

Current through Vol. 24-12, July 15, 2024
Rule 23. A facility shall establish and maintain written policy, procedure, and practice that require weekly inspections by administrative, medical, or dietary personnel of all food service areas, including dining and food preparation areas and equipment. Inspection personnel may include the person who supervises food service operations or his or her designee. Refrigerator and dishwashing water temperatures are checked daily by administrative, medical, or dietary personnel.
Michigan Administrative Code › Department - Corrections › Bureau of Correctional Facilities › Jails and Lockups › Section R. 791.724 - Sanitation inspections

Current through Vol. 24-12, July 15, 2024
Rule 24. A facility shall establish and maintain written policy, procedure, and practice that require both of the following inspections:
(a) Weekly sanitation inspections of all facility areas by a trained person designated by the facility administrator.
(b) At least annual inspections by federal, state, or local sanitation and health officials if federal, state, or local standards are applicable.
Michigan Administrative Code › Department - Corrections › Bureau of Correctional Facilities › Jails and Lockups › Section R. 791.725 - Water supply

Current through Vol. 24-12, July 15, 2024
Rule 25. A facility's potable water source and supply shall be incompliance with the standards of Act No. 399 of the Public Acts of 1976, as amended, being §
									325.1001et seq. of the Michigan Compiled Laws.
Michigan Administrative Code › Department - Corrections › Bureau of Correctional Facilities › Jails and Lockups › Section R. 791.727 - Vermin and pest control plan

Current through Vol. 24-12, July 15, 2024
Rule 27. A facility shall establish and maintain a written plan for the control of vermin and pests that includes, at a minimum, monthly inspections by a trained person designated by the facility administrator.
Michigan Administrative Code › Department - Corrections › Bureau of Correctional Facilities › Jails and Lockups › Section R. 791.728 - Health care

Current through Vol. 24-12, July 15, 2024
Rule 28. A facility shall establish and maintain written policy, procedure, and practice which provide that all medical, psychiatric, and dental inmate matters involving medical judgment are the sole province of the responsible physician, dentist or other qualified health professional.
Michigan Administrative Code › Department - Corrections › Bureau of Correctional Facilities › Jails and Lockups › Section R. 791.730 - Pharmaceuticals

Current through Vol. 24-12, July 15, 2024
Rule 30.
(1) The administrator or medical director, or both, of facility shall establish policies and procedures that are in compliance with local, state, and federal regulations governing the distribution, dispensing, prescribing, administering, or disposing of any controlled substance or prescribed medication affecting an inmate.
(2) Drugs may be dispensed for patients only pursuant to the written orders of a licensed practitioner acting within the scope of his or her license.
Michigan Administrative Code › Department - Corrections › Bureau of Correctional Facilities › Jails and Lockups › Section R. 791.731 - Health screening

Current through Vol. 24-12, July 15, 2024
Rule 31. A facility shall establish and maintain written policy, procedure, and practice that require medical, dental, and mental health screening to be performed on all inmates by a trained staff member designated by the facility administrator. All findings are recorded on a form approved by the facility's designated health authority. The screening includes at least all of the following:
(a) Inquiry into all of the following:
(i) Current illness and health problems, including venereal diseases another infectious diseases.
(ii) Dental problems.
(iii) Mental health problems.
(iv) Use of alcohol and other drugs, including all of the following information:
(A) The type of types of drugs used.
(B) Mode of use.
(C) Amounts used.
(D) Frequency used.
(E) Date or time of last use.
(F) History of any problems that may have occurred after ceasing use, for example, convulsions.
(v) Past and present treatment or hospitalization for mental disturbance or suicide.
(vi) Possibility of pregnancy.
(vii) Other health problems designated by the responsible physician.
Michigan Administrative Code › Department - Corrections › Bureau of Correctional Facilities › Jails and Lockups › Section R. 791.732 - Health appraisals

Current through Vol. 24-12, July 15, 2024
Rule 32.
(1) A facility shall establish and maintain written policy, procedure, and practice which require that a health appraisal for each inmate be completed by a trained health care person within 14 days after arrival at the facility. If there is documented evidence of a health appraisal within the previous 90 days, then a new health appraisal is not required, excepts determined by the designated health authority. A health appraisal includes at least all of the following:
(a) Review screening performed under R 791.732.
(b) Collection of additional data to complete the medical, dental, mental health, and immunization histories.
(c) Laboratory or diagnostic tests, or both, to detect communicable disease, including venereal disease and tuberculosis.
(d) Recording of all of the following:
(i) Height.
(ii) Weight.
(iii) Pulse.
(iv) Blood pressure.
(v) Temperature.
(e) Other tests and examinations, as appropriate.
(f) Medical examination, including review of mental and dental status.
(g) Review of the results of the medical examination and tests and identification of problems by a physician or other qualified health care personnel.
(h) Initiation of therapy when appropriate.
(1) Development and implementation of a treatment plan, including recommendations concerning housing, job assignment, and program participation.
(2) An inmate diagnosed as being contagious shall be removed from the facility or quarantined in well-ventilated quarters and separate from other inmates. In a case of suspected contagion, the administrator shall consult with the facility's designated health authority or the local health department.
(3) If, in the opinion of a licensed physician, an inmate needs hospitalization, the administrator, as directed by the physician, shall deliver the inmate to the nearest hospital or to any hospital designated byte county.
Michigan Administrative Code › Department - Corrections › Bureau of Correctional Facilities › Jails and Lockups › Section R. 791.733 - Inmate participation in research

Current through Vol. 24-12, July 15, 2024
Rule 33. A facility shall establish and maintain written policy and practice that prohibit the use of inmates for medical, pharmaceutical, or cosmetic experiments. This rule does not preclude individual treatment of animate based on the need for a specific medical procedure that is not generally available.
Michigan Administrative Code › Department - Corrections › Bureau of Correctional Facilities › Jails and Lockups › Section R. 791.734 - Detoxification cells

Current through Vol. 24-12, July 15, 2024
Rule 34.
(1) A facility shall maintain a detoxification cell that allows for unobstructed supervision and observation of the entire detoxification cell area, which shall be accomplished by complying with either of the following provisions:
(a) Locating the detoxification cell near an officer duty station which is staffed 24 hours a day and which is constructed to provide personal visual observation of the entire detoxification cell.
(b) Installing an electronic camera or cameras that are continuously monitored in the officer's duty station.
Michigan Administrative Code › Department - Corrections › Bureau of Correctional Facilities › Jails and Lockups › Section R. 791.735 - Holding Cells

Current through Vol. 24-12, July 15, 2024
Rule 35.
(1) A jail or lockup shall have 1 group holding cell that hasn't less than 150 square feet of floor area. The capacities of a group holding cell is determined at 15 square feet of floor space per inmate, excluding benches.
(2) A holding cell shall provide for unobstructed supervision and observation of the entire holding cell area, which shall be accomplished by complying with either of the following provisions:
(a) Locating the holding cell near an officer duty station that is staffed 24 hours a day.
(b) Installing an electronic camera or cameras that are continuously monitored in the officer's duty station.
Michigan Administrative Code › Department - Corrections › Bureau of Correctional Facilities › Jails and Lockups › Section R. 791.736 - Staffing

Current through Vol. 24-12, July 15, 2024
Rule 36.
(1) When housing inmates, a facility shall be staffed to provide proper security and correctional control.
(2) The administrator shall supervise, schedule, and control all personnel working in the facility.
(3) At least 1 corrections officer shall be provided for each floor or security area that is occupied.
(4) The duty station for a detoxification or holding cell shall be staffed continually when the detoxification cell or holding cell is occupied.
(5) A sufficient number of personnel shall be provided to perform ancillary functions, whether scheduled or unscheduled, such as moving inmates to medical, visitation, recreation, or other inmate programs.
Michigan Administrative Code › Department - Corrections › Bureau of Correctional Facilities › Jails and Lockups › Section R. 791.737 - Safety and maintenance of equipment and structures

Current through Vol. 24-12, July 15, 2024
Rule 37.
(1) The administrator shall develop and implement safety standards that will protect the health and welfare of inmates and staff.
(2) The administrator shall ensure that inmate and staff equipment and structures are maintained.
Michigan Administrative Code › Department - Corrections › Bureau of Correctional Facilities › Jails and Lockups › Section R. 791.738 - Inmate classification plan

Current through Vol. 24-12, July 15, 2024
Rule 38. A facility shall establish and maintain written policy, procedure, and practice that provide for a written inmate classification plan which defines the level of custody required, housing assignment, and participation in correctional programs. The facility shall review the plan at least annually and update the plan if necessary.
Michigan Administrative Code › Department - Corrections › Bureau of Correctional Facilities › Jails and Lockups › Section R. 791.749 - Rescission

Current through Vol. 24-12, July 15, 2024
Rule 49. R 791.501 to R 791.665 of the Michigan Administrative Code, appearing on pages 5117 to 5143 of the 1979 Michigan Administrative Code, are rescinded.
Michigan Administrative Code › Department - Corrections › Executive Bureau › Community Status; Eligibility Criteria › Part 1 - GENERAL PROVISIONS › Section R. 791.1101 - Definitions

Current through Vol. 24-12, July 15, 2024
Rule 101. As used in these rules:
(a) "Department" means the department of corrections.
(b) "Director" means the director of the department.
(c) "Facility" means a corrections center, technical rule violation center, special alternative incarceration program facility, an institution, or a part thereof that is maintained by the department.
(d) "Institution" means a facility that is under the administrative control of the deputy director of correctional facilities administration
(e) "Offender" means a prisoner, parolee, or probationer who is committed to the jurisdiction of the department.
(f) "Ombudsman" or "corrections ombudsman" means the office of the legislative corrections ombudsman created by 1975 PA 46, MCL 4.351 et seq.
(g) "Resident" means a prisoner who is committed to the jurisdiction of the department.