reglab/statecodes huggingface dataset:
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 2 - TAX TRIBUNAL › Subpart B - MATTERS BEFORE ENTIRE TRIBUNAL › Section R. 792.10243 - Requests for production of documents and tangible things for inspection, copying, or photographing; inspection of property

Current through Vol. 24-12, July 15, 2024
Rule 243.
(1) A
					 party to a contested case may serve upon another party a request to produce or
					 permit the inspection and copying or photographing, by or on behalf of the
					 requesting party, of any designated documents, papers, books, records,
					 accounts, letters, photographs, objects, or tangible things, which are not
					 privileged, which come within the scope of discovery permitted by
					 MCR 2.302(B), and which
					 are in the party's possession, custody, or control.
(2) A party to a contested case may serve
					 upon another party a request to permit entry and inspection of the property
					 under appeal by or on behalf of the requesting party.
(3) A party upon whom a request is served
					 under subrule (1) or (2) of this rule shall serve a copy of the response to the
					 request on the party or party's attorney or authorized representative
					 submitting the request and on all other parties within 28 days after service of
					 the request.
(4) If a party upon
					 whom a request is served under subrule (1) or (2) of this rule does not comply
					 with the request, then the tribunal may, upon motion or its own initiative,
					 order the party to do either of the following:
(a) Produce or permit the inspection and
					 copying or photographing, by or on behalf of the requesting party, of any
					 designated documents, papers, books, records, accounts, letters, photographs,
					 objects, or tangible things, which are not privileged and come within the scope
					 of discovery permitted by MCR
					 2.302(B), and which are in the
					 party's possession, custody, or control.
(b) Permit entry and inspection of the
					 property under appeal.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 2 - TAX TRIBUNAL › Subpart B - MATTERS BEFORE ENTIRE TRIBUNAL › Section R. 792.10245 - Consequences of refusal to make discovery

Current through Vol. 24-12, July 15, 2024
Rule 245. If a party refuses to comply with an order
						issued under R
						792.10239(3) or
						R 792.10243(4),
						then the tribunal may, upon a motion, hold that party in default or issue other
						orders in regard to the refusal as justice requires.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 2 - TAX TRIBUNAL › Subpart B - MATTERS BEFORE ENTIRE TRIBUNAL › Section R. 792.10247 - Prehearing conference

Current through Vol. 24-12, July 15, 2024
Rule 247.
(1)
					 Except as provided by
					 R 792.10233 or as otherwise ordered
					 by the tribunal, a prehearing conference must be held in all contested cases
					 pending in the entire tribunal.
(2)
					 Each party shall submit a prehearing statement as ordered by the tribunal. The
					 prehearing statement must be signed, and on a form made available by the
					 tribunal or in a written form that is in substantial compliance with the
					 tribunal's form.
(3) The purposes
					 of the prehearing conference are as follows:
(a) To specify, in a property tax appeal, the
					 present use of the property, the use for which the property was designed, and
					 the classification of the property.
(b) To specify all sums in controversy and
					 the particular issues to which they relate.
(c) To specify the factual and legal issues
					 to be litigated.
(d) To consider
					 the formal amendment of all petitions and answers or their amendment by
					 prehearing order, and, if desirable or necessary, to order that the amendments
					 be made.
(e) To consider the
					 consolidation of petitions for hearing, the separation of issues, and the order
					 in which issues are to be heard.
(f) To consider all other matters that may
					 aid in the disposition of the contested case.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 2 - TAX TRIBUNAL › Subpart B - MATTERS BEFORE ENTIRE TRIBUNAL › Section R. 792.10249 - Stipulations

Current through Vol. 24-12, July 15, 2024
Rule 249.
(1) A
					 consent judgment may be entered upon submission of a stipulation with
					 appropriate fee, if the stipulation meets all of the following:
(a) It was filed after the filing of a
					 petition and answer.
(b) It is
					 signed by all parties or their attorneys or authorized
					 representatives.
(c) It addresses
					 issues over which the tribunal's authority is properly invoked.
(d) It is found to be acceptable to the
					 tribunal. The stipulation must be on a form made available by the tribunal or
					 in a written form that is in substantial compliance with the tribunal's
					 form.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 2 - TAX TRIBUNAL › Subpart B - MATTERS BEFORE ENTIRE TRIBUNAL › Section R. 792.10251 - Hearings

Current through Vol. 24-12, July 15, 2024
Rule 251.
(1)
					 When a contested case is ready for hearing, the tribunal shall issue a notice
					 of hearing. The notice of hearing must indicate the date, time, and video link
					 for the conducting of a hearing by video conference or the date, time, and
					 location of the hearing for the conducting of a hearing in-person, as
					 designated by the tribunal. The tribunal shall send the notice of hearing to
					 the parties or their attorneys or authorized representatives not less than 28
					 days before the date of the hearing, unless otherwise ordered by the
					 tribunal.
(2) The tribunal may, on
					 motion or its own initiative, adjourn a hearing.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 2 - TAX TRIBUNAL › Subpart B - MATTERS BEFORE ENTIRE TRIBUNAL › Section R. 792.10253 - Subpoenas

Current through Vol. 24-12, July 15, 2024
Rule 253.
(1) On
					 written request signed by a party to a contested case, the tribunal, shall, as
					 provided by section 36 of the tax tribunal act, MCL
					 205.736, issue subpoenas for the
					 attendance and testimony of witnesses and, if appropriate, the production of
					 evidence at hearing or deposition, including, but not limited to, books,
					 records, correspondence, and documents in their possession or under their
					 control.
(2) A party may serve a
					 subpoena by mail or personal delivery. A party may not serve a subpoena less
					 than 3 business days before a scheduled hearing or deposition, unless otherwise
					 ordered by the tribunal.
(3)
					 Proceedings to enforce a subpoena may be commenced in the circuit court for the
					 county in which the hearing is held. For purposes of this subrule, a
					 video-conference hearing is considered to be held in Ingham County.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 2 - TAX TRIBUNAL › Subpart B - MATTERS BEFORE ENTIRE TRIBUNAL › Section R. 792.10255 - Conduct of hearings

Current through Vol. 24-12, July 15, 2024
Rule 255.
(1)
					 All hearings before the entire tribunal must be recorded either electronically
					 or stenographically, or both, in the discretion of the tribunal.
(2) Without leave of the tribunal, a witness
					 may not testify as to the value of property without submission of a valuation
					 disclosure signed by that witness and containing that witness" value
					 conclusions and the basis for those conclusions. This requirement does not
					 preclude an expert witness from rebutting another party's valuation evidence.
					 The expert witness may not testify as to the value of the property at issue
					 unless the expert witness submitted a valuation disclosure signed by that
					 expert witness.
(3) If a witness is
					 not testifying as to the value of property or as an expert witness, then their
					 testimony in the form of opinions or inferences is limited to opinions or
					 inferences that are rationally based on the perception of the witness and that
					 are helpful to a clear understanding of their testimony or the determination of
					 a fact in issue, as provided in MRE 701.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 2 - TAX TRIBUNAL › Subpart B - MATTERS BEFORE ENTIRE TRIBUNAL › Section R. 792.10257 - Rehearings or reconsideration

Current through Vol. 24-12, July 15, 2024
Rule 257.
(1)
					 The tribunal may order a rehearing or reconsideration of any decision or order
					 upon its own initiative or motion filed within 21 days after the entry of the
					 decision or order sought to be reheard or reconsidered.
(2) No response to the motion may be filed
					 and there is no oral argument, unless otherwise ordered by the
					 tribunal.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 2 - TAX TRIBUNAL › Subpart B - MATTERS BEFORE ENTIRE TRIBUNAL › Section R. 792.10259 - Witness fees

Current through Vol. 24-12, July 15, 2024
Rule 259. A witness who is summoned to a hearing, or
						whose deposition is taken, shall receive the same fees and mileage as witnesses
						in the state's circuit courts. A witness shall not be required to testify until
						the fees and mileage provided for have been tendered to them by the party at
						whose instance they were subpoenaed.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 2 - TAX TRIBUNAL › Subpart C - MATTERS BEFORE SMALL CLAIMS DIVISION › Section R. 792.10261 - Scope

Current through Vol. 24-12, July 15, 2024
Rule 261. The rules in subparts A and C of this part
						govern practice and procedure in all contested cases pending in the small
						claims division and are known as the small claims rules. If an applicable small
						claims rule does not exist, then the entire tribunal rules govern, except for
						rules that pertain to discovery, which, in the small claims division, is by
						leave of the tribunal only.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 2 - TAX TRIBUNAL › Subpart C - MATTERS BEFORE SMALL CLAIMS DIVISION › Section R. 792.10263 - Jurisdiction

Current through Vol. 24-12, July 15, 2024
Rule 263.
(1) A
					 contested case disputing a property's state equalized or taxable value may be
					 heard in the small claims division if any 1 of the following properties is
					 exclusively involved:
(a) Real property
					 classified as residential real property under section 34c of the general
					 property tax act, 1893 PA 206, MCL
					 211.34c.
(b) Real property exempt under section 7cc of
					 the general property tax act, 1893 PA 206, MCL
					 211.7cc.
(c) Real property classified as agricultural
					 real property under section 34c of the general property tax act, 1893 PA 206,
					 MCL 211.34c.
(d) Real property with less than 4 rental
					 units.
(e) Any other property where
					 the value in contention is not more than the amount provided by section 62 of
					 the tax tribunal act, MCL
					 205.762.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 2 - TAX TRIBUNAL › Subpart C - MATTERS BEFORE SMALL CLAIMS DIVISION › Section R. 792.10265 - Records

Current through Vol. 24-12, July 15, 2024
Rule 265.
(1) A
					 formal transcript may not be taken for any hearing conducted in the small
					 claims division, unless otherwise provided by the tribunal.
(2) An informal transcript of a hearing
					 conducted in the small claims division is not a record of the hearing, unless
					 otherwise ordered by the tribunal.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 2 - TAX TRIBUNAL › Subpart C - MATTERS BEFORE SMALL CLAIMS DIVISION › Section R. 792.10269 - Petitioners election of small claims division

Current through Vol. 24-12, July 15, 2024
Rule 269. A petitioner who wishes to have a matter heard
						in the small claims division must elect to do so.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 2 - TAX TRIBUNAL › Subpart C - MATTERS BEFORE SMALL CLAIMS DIVISION › Section R. 792.10271 - Subsequent tax year assessments

Current through Vol. 24-12, July 15, 2024
Rule 271. The appeal for each subsequent year for which
						an assessment has been established is added automatically to the petition for
						an assessment dispute as to the valuation or exemption of property at the time
						of hearing. For purposes of this rule, a subsequent tax year assessment is
						established by April 1 of that tax year.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 2 - TAX TRIBUNAL › Subpart C - MATTERS BEFORE SMALL CLAIMS DIVISION › Section R. 792.10273 - Transfers

Current through Vol. 24-12, July 15, 2024
Rule 273.
(1) A
					 party may, by motion filed with the tribunal and served on the opposing
					 parties, request a transfer of the contested case from the small claims
					 division to the entire tribunal.
(2) If the motion is filed with the tribunal
					 after the notice of hearing in the contested case has been issued by the
					 tribunal, the parties shall appear at the hearing and be prepared to conduct
					 the hearing, unless otherwise ordered by the tribunal.
(3) If the request is granted, the moving
					 party shall pay all tribunal filing fees and any reasonable costs that the
					 tribunal determines may be incurred by the opposing party or parties as a
					 direct result of the transfer.
(4)
					 With the permission of the petitioner, the tribunal may refer a contested case
					 properly pending in the small claims division to the entire tribunal.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 2 - TAX TRIBUNAL › Subpart C - MATTERS BEFORE SMALL CLAIMS DIVISION › Section R. 792.10275 - Appearance and representation

Current through Vol. 24-12, July 15, 2024
Rule 275.
(1)
					 The tribunal may, upon a motion filed with the tribunal and served on the
					 opposing parties not less than 28 days before the hearing scheduled in a
					 contested case, conduct the hearing on the file for the moving party. If the
					 motion is granted, the tribunal shall render a decision based on the testimony
					 provided by the opposing parties at the hearing, if any, and all pleadings and
					 written evidence properly submitted by all parties not less than 21 days before
					 the date of the scheduled hearing or as otherwise ordered by the
					 tribunal.
(2) The tribunal may,
					 upon motion filed with the tribunal and served on the opposing parties not less
					 than 28 days before the hearing scheduled in a contested case, conduct a
					 hearing by telephone, by video conference, or in-person for the moving
					 party.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 2 - TAX TRIBUNAL › Subpart C - MATTERS BEFORE SMALL CLAIMS DIVISION › Section R. 792.10277 - Commencement of proceedings

Current through Vol. 24-12, July 15, 2024
Rule 277.
(1)
					 The petition must be on a form made available by the tribunal.
(2) The petition must be signed and set forth
					 a clear and concise statement of facts upon which the petitioner relies in
					 making petitioner's claim for relief.
(3) For property tax contested cases, a copy
					 of the notice giving rise to the appeal, including, but not limited to, notice
					 of board of review action, notice of taxable value uncapping, or notice denying
					 a principal residence exemption, must be submitted with the petition. For
					 non-property tax contested cases, a copy of the final assessment, decision, or
					 order being appealed must be submitted with the petition.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 2 - TAX TRIBUNAL › Subpart C - MATTERS BEFORE SMALL CLAIMS DIVISION › Section R. 792.10279 - Answers

Current through Vol. 24-12, July 15, 2024
Rule 279.
(1) An
					 answer to a petition must be filed with the tribunal within 28 days after the
					 tribunal serves the notice of docket number on the respondent. Failure to file
					 the answer as required by this rule may result in the holding of respondent in
					 default, as provided by
					 R 792.10231.
(2) The answer must be on a form made
					 available by the tribunal.
(3) The
					 answer must be signed and set forth a clear and concise statement of facts upon
					 which the respondent relies in defense of the matter.
(4) For special assessment contested cases,
					 the answer must specify the statutory authority under which the special
					 assessment district was created and a copy of the resolution confirming the
					 special assessment roll must be submitted with the answer.
(5) The tribunal shall issue a notice to all
					 parties upon the filing of the answer indicating that the answer is filed and
					 that the contested case is ready for the scheduling of a hearing.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 2 - TAX TRIBUNAL › Subpart C - MATTERS BEFORE SMALL CLAIMS DIVISION › Section R. 792.10281 - Stipulations

Current through Vol. 24-12, July 15, 2024
Rule 281.
(1) A
					 consent judgment may be entered upon submission of a stipulation with an
					 appropriate fee, if the stipulation meets all of the following:
(a) Is filed after the filing of a petition
					 and answer.
(b) Is signed by all
					 parties or their attorneys or authorized representatives.
(c) Addresses issues over which the
					 tribunal's authority has been or may be properly invoked.
(d) Is found to be acceptable to the
					 tribunal. The stipulation must be on a form made available by the tribunal or
					 in a written form that is in substantial compliance with the tribunal's
					 form.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 2 - TAX TRIBUNAL › Subpart C - MATTERS BEFORE SMALL CLAIMS DIVISION › Section R. 792.10283 - Hearing sites; accessibility; accommodations

Current through Vol. 24-12, July 15, 2024
Rule 283.
(1)
					 For property tax contested cases, the hearing may be conducted telephonically,
					 by video conferencing, or in-person. If the hearing is in-person, the hearing
					 must be conducted in the county in which the property is located or in a county
					 contiguous to the county in which the property is located or at a site agreed
					 upon by the parties and approved by the tribunal. An in-person rehearing by a
					 tribunal member must be at a site to be determined by the tribunal.
(2) For non-property tax contested cases, the
					 hearing may be conducted telephonically, by video conferencing, or in-person.
					 If the hearing is in-person, the hearing must be conducted at a site to be
					 determined by the tribunal.
(3) For
					 all contested cases, an in-person hearing must be conducted in a location that
					 is accessible to mobility-impaired individuals. Accessible parking must also be
					 available.
(4) A person who has a
					 disability and who needs to be accommodated for effective participation in a
					 hearing shall contact the tribunal in writing or telephonically not less than 7
					 days before the scheduled hearing date.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 2 - TAX TRIBUNAL › Subpart C - MATTERS BEFORE SMALL CLAIMS DIVISION › Section R. 792.10285 - Notice of hearing

Current through Vol. 24-12, July 15, 2024
Rule 285. Notice must be sent to the parties or their
						attorneys or authorized representatives not less than 45 days before the
						hearing, unless otherwise ordered by the tribunal. The notice must include the
						following information:
(a) The time
					 and date of the hearing.
(b) The
					 manner for the conducting of the hearing, including, but not limited to, by
					 telephone, by video conference, or in-person.
(c) If the hearing is in-person, the location
					 of the hearing.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 2 - TAX TRIBUNAL › Subpart C - MATTERS BEFORE SMALL CLAIMS DIVISION › Section R. 792.10287 - Evidence

Current through Vol. 24-12, July 15, 2024
Rule 287.
(1) A
					 copy of all evidence, other than rebuttal evidence, to be offered in support of
					 a party's contentions must be filed with the tribunal and served on the
					 opposing parties not less than 21 days before the date of the scheduled
					 hearing, unless otherwise ordered by the tribunal. Failure to comply with this
					 subrule may result in the exclusion of the valuation disclosure or other
					 written evidence at the time of the hearing because the opposing parties may
					 have been denied the opportunity to adequately consider and evaluate the
					 valuation disclosure or other written evidence before the date of the scheduled
					 hearing. If a valuation disclosure or other written evidence is excluded, the
					 tribunal shall indicate the basis of the exclusion in the decision.
(2) Service of the evidence must be made on
					 the opposing parties unless an attorney or authorized representative has
					 entered an appearance in the contested case on behalf of an opposing party and
					 then service must be made on the attorney or authorized representative for that
					 party.
(3) If a party wishes to
					 submit rebuttal evidence to the tribunal and the opposing parties less than 21
					 days before the date of a scheduled hearing, the party shall, if the hearing is
					 in-person, bring multiple copies of that evidence to the hearing, including 1
					 copy for the presiding judge and 1 copy for each opposing party. If the hearing
					 is by telephone or video conference, the party shall submit the evidence to the
					 tribunal and the opposing parties by email in advance of the commencement of
					 the hearing.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 2 - TAX TRIBUNAL › Subpart C - MATTERS BEFORE SMALL CLAIMS DIVISION › Section R. 792.10289 - Exceptions; filing of exceptions; "good cause" defined; service of exceptions; rehearings

Current through Vol. 24-12, July 15, 2024
Rule 289.
(1) A
					 party may submit exceptions to a decision by a referee or an administrative law
					 judge, other than a tribunal member, by filing with the tribunal and serving on
					 the opposing parties the exceptions within 20 days after the entry of the
					 decision. The exceptions must be signed and are limited to the evidence
					 submitted before or otherwise admitted at the hearing and any matter addressed
					 in the proposed opinion and judgment and demonstrate good cause as to why the
					 decision should be adopted, modified, or a rehearing held. As used in this
					 subrule, "good cause" means error of law, mistake of fact, fraud, or any other
					 reason the tribunal considers sufficient and material.
(2) The opposing parties may file with the
					 tribunal and serve on all other parties a response to the exceptions within 14
					 days after the service of the exceptions on those parties. The response must be
					 signed.
(3) Service of the
					 exceptions or a response must be made on the opposing parties. If an attorney
					 or authorized representative has entered an appearance in the contested case on
					 behalf of the opposing parties, service must be made on the attorney or
					 authorized representative for the opposing parties.
(4) The party that files exceptions or a
					 response shall also file a proof of service or statement attesting to the
					 service of the exceptions or response on all other parties or their attorney or
					 authorized representative. The statement must specify who was served with the
					 exceptions or response and the date and method by which the exceptions or
					 response was served. If no statement attesting to the service of the exceptions
					 or response is filed, the tribunal shall issue a notice of no action. If the
					 statement is filed within the time period provided in the notice of no action
					 described in R
					 792.10221(11), action shall be taken
					 on the exceptions or response.
(5)
					 A rehearing, if held, shall be conducted by a tribunal member in a manner to be
					 determined by the tribunal and may be limited to the evidence considered at the
					 hearing.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 2 - TAX TRIBUNAL › Subpart D - MEDIATION › Section R. 792.10291 - Scope

Current through Vol. 24-12, July 15, 2024
Rule 291. The rules in this subpart govern mediation in
						all contested cases pending in the tribunal and are known as the mediation
						rules. If an applicable mediation rule does not exist, the rules in subparts A,
						B, and C and MCR 2.411 and 2.412
						govern.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 2 - TAX TRIBUNAL › Subpart D - MEDIATION › Section R. 792.10293 - Mediation; referral to mediation; selection of mediator

Current through Vol. 24-12, July 15, 2024
Rule 293. A contested case may be referred to mediation
						by order of the tribunal if all of the following apply:
(a) The parties file a stipulation agreeing
					 to participate in mediation.
(b)
					 The stipulation designates a mediator selected from the list of mediators
					 certified and published by the tribunal.
(c) The stipulation specifies that the
					 selected mediator has disclosed any potential basis for
					 disqualification.
(d) The
					 stipulation specifies that the parties and the selected mediator have agreed to
					 the compensation of the mediator and the payment of that
					 compensation.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 2 - TAX TRIBUNAL › Subpart D - MEDIATION › Section R. 792.10295 - Scheduling; conduct of mediation; completion of mediation

Current through Vol. 24-12, July 15, 2024
Rule 295.
(1)
					 The order referring a contested case to mediation must address all proceedings
					 and deadlines previously scheduled by the tribunal in that contested case and
					 specify the time within which the mediation is to be completed. The
					 substitution of a mediator must not extend the time within which mediation is
					 to be completed unless otherwise ordered by the tribunal.
(2) Mediation must be conducted as provided
					 by MCR
					 2.411(C)(2).
(3) Within 7 days after mediation is
					 completed, the mediator shall advise the tribunal of the completion by filing a
					 mediation status report. The report must be on a form made available by the
					 tribunal.
(4) If a contested case
					 is settled through mediation, the parties shall file a stipulation for entry of
					 consent judgment with appropriate filing fee and a consent judgment may be
					 entered if the stipulation is found to be acceptable to the tribunal.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 2 - TAX TRIBUNAL › Subpart D - MEDIATION › Section R. 792.10297 - Mediators; standards of conduct; eligibility; application fee; list of mediators; removal, rejection, and reconsideration

Current through Vol. 24-12, July 15, 2024
Rule 297.
(1) A
					 mediator has no authoritative decision-making power to resolve a contested case
					 before the tribunal in mediation.
(2) A mediator shall comply with the
					 standards of conduct for mediators as provided under MCR
					 2.411(G).
(3) An individual desiring to be certified as
					 a mediator shall file a mediation application with the tribunal. The
					 application must be on a form made available by the tribunal.
(4) An individual is eligible to be a
					 mediator if both of the following requirements are met:
(a) The individual has 5 years of state and
					 local tax experience, and that experience has occurred within the 7 years
					 immediately preceding the submission of the application.
(b) The individual is qualified as a general
					 civil mediator under MCR 2.411(F)(2) and
					 (4).
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 3 - DEPARTMENT OF ENVIRONMENTAL QUALITY AND DEPARTMENT OF NATURAL RESOURCES › Section R. 792.10301 - Scope of rules; statutory procedures; absence of procedures

Current through Vol. 24-12, July 15, 2024
Rule 301.
(1)
				  These rules govern all contested case proceedings before the department of
				  environment, Great Lakes, and energy and the department of natural resources
				  and requests for declaratory rulings.
(2) These rules do not apply to proceedings
				  under parts 615 and 617 of the natural resources and environmental protection
				  act, 1994 PA 451, MCL 324.61501 to 324.61527 and MCL 324.61701 to
				  324.61738.
(3) If a rule does not
				  address an issue of procedure, then chapter 4 of the act applies.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 3 - DEPARTMENT OF ENVIRONMENTAL QUALITY AND DEPARTMENT OF NATURAL RESOURCES › Section R. 792.10302 - Definitions

Current through Vol. 24-12, July 15, 2024
Rule 302. As used in this part:
(a) "Department" means the department of
				  environment, Great Lakes, and energy or the department of natural
				  resources.
(b) "Director" means the
				  director of the department of environment, Great Lakes, and energy or the
				  department of natural resources.
(c) "Final decision maker" means the director
				  or any other person to whom the director has delegated final decision making
				  authority in contested cases.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 3 - DEPARTMENT OF ENVIRONMENTAL QUALITY AND DEPARTMENT OF NATURAL RESOURCES › Section R. 792.10303 - Petition for contested case; required information; submission to the hearing system; acknowledgment of receipt

Current through Vol. 24-12, July 15, 2024
Rule 303.
(1) A
				  written petition for a contested case shall be on the form provided by the
				  department or other document that includes all of the following information:
(a) Facts or conduct that warrants a
				  contested case.
(b) The identity of
				  the persons involved and their relationship to the subject matter.
(c) Specific sections of applicable statutes
				  and rules, if known.
(d) The
				  specific remedies sought.
(e) A
				  copy of the departments decision being challenged, if made in
				  writing.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 3 - DEPARTMENT OF ENVIRONMENTAL QUALITY AND DEPARTMENT OF NATURAL RESOURCES › Section R. 792.10304 - Contested case docket; docket numbers; notice to parties of docketing a case; commencement of contested case proceeding; no progress docket

Current through Vol. 24-12, July 15, 2024
Rule 304.
(1) The
				  hearing system office shall maintain a docket of all pending
				  petitions.
(2) A case docket number
				  shall be assigned to all petitions. The number shall correspond, if possible,
				  to the permit, application, or document number used by the department in the
				  matter that is the subject of the petition. Parties shall include the docket
				  number and petitioner's name on the first page of all pleadings or
				  correspondence filed in a case.
(3)
				  The hearing system shall provide a copy of the petition to the respondent and
				  inform all parties of the docket number at the time of acknowledgment. The
				  acknowledgment is considered notice of the commencement of the contested case
				  proceeding.
(4) A no-progress
				  docket shall be maintained by the hearing system. Failure of a petitioner to
				  respond in a timely manner to any directive of the hearing system may result in
				  placing the case on the no progress docket.
(5) A party whose case is placed on the
				  no-progress docket shall be given notice and time to show cause why the case
				  should not be dismissed for undue delay. A party shall submit the requisite
				  documents, or otherwise respond to unanswered requests, as part of that partys
				  response to the notice. If a party fails to respond to the notice within 21
				  days of its date, the case shall be dismissed with prejudice.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 3 - DEPARTMENT OF ENVIRONMENTAL QUALITY AND DEPARTMENT OF NATURAL RESOURCES › Section R. 792.10305 - Depositions; discovery; failure to comply; order directing compliance; effect of refusal to obey order

Current through Vol. 24-12, July 15, 2024
Rule 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.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 3 - DEPARTMENT OF ENVIRONMENTAL QUALITY AND DEPARTMENT OF NATURAL RESOURCES › Section R. 792.10306 - Application for intervention; filing; service; answers; oral argument

Current through Vol. 24-12, July 15, 2024
Rule 306.
(1) A
				  person who has legal standing and who seeks to intervene as a party in a
				  contested case shall file an application to intervene with the hearing system
				  setting forth the legal authority and facts supporting intervention. A person
				  who files an application shall serve copies on all parties known to the person
				  at the time of application and provide proof of service at the time of filing.
				  The hearing system shall advise an applicant for intervention of the names and
				  addresses of parties not served by the applicant, who shall then serve those
				  parties and file a proof of service consistent with R 792.10307.
(2) An application under subrule (1) of this
				  rule shall not be granted until all parties have had an opportunity to answer
				  the application in writing, unless the applicant is the permit holder. An
				  answer must be filed within 14 days after the date of service of the
				  application or within the period of time established by an order of the
				  administrative law judge.
(3) The
				  administrative law judge shall consider whether intervention would be in
				  conflict with
				  R
				  792.10102 or prejudice the rights of the existing
				  parties. To avoid prejudice, intervention by a person may be denied or
				  limited.
(4) The applicable statute
				  and rules shall govern the issue of standing in a contested case hearing and
				  these rules shall not be construed to either expand or restrict the legal
				  standing of any person to intervene as a party in a contested case.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 4 - PUBLIC SERVICE COMMISSION › Subpart A - GENERAL PROVISIONS › Section R. 792.10402 - Definitions

Current through Vol. 24-12, July 15, 2024
Rule 402. As used in this part:
(a) "Applicant" means a person that applies,
					 requests, or petitions for permission, authorization, or approval.
(b) "Commission" means the Michigan public
					 service commission.
(c)
					 "Complainant" means a person that files a complaint pursuant to these
					 rules.
(d) "Complaint" means an
					 initial pleading filed by a complainant.
(e) "Director of the regulatory affairs
					 division" means the commission employee assigned to manage the executive
					 secretary and administrative law specialists advising the commission.
(f) "Document" means a record produced on
					 paper or a digital image of a record originally produced on paper or originally
					 created by electronic means, the output of which is readable by sight and can
					 be printed on paper.
(g)
					 "Electronic filing" means the process of submitting a document over the
					 internet to the commission in accordance with the e-docket instructions
					 available on the commission's website.
(h) "Electronic service" means the serving of
					 any document by email in accordance with MCR
					 2.107(C)(4).
(i) "Electronic signature" means an
					 electronic sound, symbol, or process, attached to or logically associated with
					 a record and executed or adopted by a person with the intent to sign the
					 record.
(j) "Intervenor" means a
					 person permitted to intervene in a proceeding pursuant to these
					 rules.
(k) "Party" means a person
					 by or against whom a proceeding is commenced or a person that is permitted to
					 intervene or the staff of the commission in any proceeding in which the staff
					 participates.
(l) "Person" means
					 any of the following entities:
(i) A natural
					 person.
(ii) Corporation.
(iii) Municipal corporation.
(iv) Public corporation.
(v) Body politic.
(vi) Government agency.
(vii) Association.
(viii) Partnership.
(ix) Receiver.
(x) Joint venture.
(xi) Trustee.
(xii) Common law or statutory trust
					 guardian.
(xiii)
					 Executor.
(xiv)
					 Administrator.
(xv) Fiduciary of
					 any kind.
(xvi) Staff.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 4 - PUBLIC SERVICE COMMISSION › Subpart A - GENERAL PROVISIONS › Section R. 792.10403 - Applicability; construction

Current through Vol. 24-12, July 15, 2024
Rule 403.
(1)
					 These rules govern practice and procedure in all proceedings before the
					 commission, except as otherwise provided by statute or these rules. In areas
					 not addressed by these rules, the presiding officer may rely on appropriate
					 provisions of the Michigan court rules.
(2) These rules shall be liberally construed
					 to secure a just, economical, and expeditious determination of the issues
					 presented.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 4 - PUBLIC SERVICE COMMISSION › Subpart A - GENERAL PROVISIONS › Section R. 792.10404 - Information, documents, and communications

Current through Vol. 24-12, July 15, 2024
Rule 404.
(1)
					 Pleadings and other documents must conform to all requirements of these rules.
					 The secretary, upon reasonable request, shall provide advice about the form of
					 pleadings and other documents to be filed in a proceeding.
(2) Except for confidential documents and
					 filings addressed under subpart E of these rules, pleadings and other documents
					 filed with the commission must be electronically filed, searchable, and able to
					 be copied and pasted.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 4 - PUBLIC SERVICE COMMISSION › Subpart A - GENERAL PROVISIONS › Section R. 792.10405 - Pleadings; verification and effect; adoption by reference; signature of attorney

Current through Vol. 24-12, July 15, 2024
Rule 405.
(1)
					 Unless otherwise provided by these rules, statute, or commission order, a
					 pleading need not be verified or accompanied by an affidavit.
(2) Statements in a pleading may be adopted
					 by reference when they are clearly identified and a copy is attached.
(3) Every pleading of a party represented by
					 an attorney must be signed or electronically signed by an attorney of record. A
					 party who is not represented by an attorney shall sign or electronically sign
					 the pleading.
(4) If a pleading is
					 not signed, it is subject to rejection by the presiding officer or the
					 commission unless it is signed promptly after the omission is called to the
					 attention of the pleader.
(5) The
					 signature or electronic signature of an attorney or party, whether or not the
					 party is represented by an attorney, constitutes a certification by the signer
					 of all of the following:
(a) The signer has
					 read the pleading.
(b) To the best
					 of the signer's knowledge, information, and belief formed after reasonable
					 inquiry, the pleading is well-grounded in fact and is warranted by existing law
					 or a good faith argument for the extension, modification, or reversal of
					 existing law.
(c) The pleading is
					 not interposed for any improper purpose, such as to harass or cause unnecessary
					 delay or needless increase in the cost of the proceeding.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 4 - PUBLIC SERVICE COMMISSION › Subpart A - GENERAL PROVISIONS › Section R. 792.10407 - Proceedings; location; time

Current through Vol. 24-12, July 15, 2024
Rule 407. Meetings of the commission and hearings in all
						proceedings held pursuant to any statute or these rules must be held at the
						commission's offices located at 7109 West Saginaw Highway in Lansing, Michigan
						48917 or such other place as the commission may direct on such days and at such
						hours as the commission, the secretary, or the presiding officer may
						direct.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 4 - PUBLIC SERVICE COMMISSION › Subpart A - GENERAL PROVISIONS › Section R. 792.10408 - Cost of copies of decisions and transcripts

Current through Vol. 24-12, July 15, 2024
Rule 408. A copy of the decision or order in a proceeding
						must be served electronically to each party to the proceeding. Paper copies of
						transcripts and proposals for must be furnished at rates consistent with
						current policy and statutes. Paper copies of orders must be provided upon
						request.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 4 - PUBLIC SERVICE COMMISSION › Subpart A - GENERAL PROVISIONS › Section R. 792.10409 - Computation of time

Current through Vol. 24-12, July 15, 2024
Rule 409. In computing any period of time prescribed or
						allowed by these rules, by order of the commission or the presiding officer, or
						by any applicable statute, the day of the act, event, or default after which
						the designated period of time begins to run is not included. The last day of
						the period is included, unless it is a day on which the commission's offices
						are not open for business, in which case the period shall run until the end of
						the next day on which the commission's offices are open for business.