reglab/statecodes huggingface dataset:
Michigan Administrative Code › Department - Insurance and Financial Services › Insurance › Credit Insurance Rates, Forms, And Standards › Section R. 550.213 - Refund formulas

Current through Vol. 24-12, July 15, 2024
Rule 13.
(1) Refund
				formulas which any insurer desires to use shall be filed with, and approved by,
				the commissioner before use. The following methods are deemed appropriate for
				the plans described:
(a) The pro rata unearned
				gross premium method shall be used for level term credit insurance and for
				credit insurance coverages under which premiums are collected from the debtor
				on a basis other than the single premium basis.
(b) The "Rule of 78" or "sum of the digits"
				unearned premium method shall be used for insurance coverage which reduces in
				equal amounts per month and for which the premiums are collected on a single
				premium basis.
(c) An appropriate
				combination of the pro rata method and the "Rule of 78" method or, at the
				option of the insurer, the pro rata method shall be used for credit life
				insurance provided as a combination of level and decreasing term coverage and
				for credit accident and health insurance wherein the insured is covered for a
				constant maximum indemnity for a given period of time, after which the maximum
				indemnity begins to decrease in equal amounts per month.
Michigan Administrative Code › Department - Insurance and Financial Services › Insurance › Credit Insurance Rates, Forms, And Standards › Section R. 550.215 - Disclosure

Current through Vol. 24-12, July 15, 2024
Rule 15. When a premium or identifiable charge is payable by
				  a debtor for credit insurance coverage offered by a creditor, at the time such
				  insurance is applied for, disclosures shall be made to the principal debtor and
				  copies given and retained in accordance with state and federal law. The
				  creditor shall also disclose the optional nature of the coverage, premium, or
				  identifiable charge separately by type of coverage. These disclosures may be
				  made in conjunction with any of the following:
(a) The federal truth-in-lending
				disclosure.
(b) A notice of
				proposed insurance.
(c) The
				application for insurance.
Michigan Administrative Code › Department - Insurance and Financial Services › Insurance › Credit Insurance Rates, Forms, And Standards › Section R. 550.216 - Effective date of rules; effect

Current through Vol. 24-12, July 15, 2024
Rule 16.
(1) These
				rules shall take effect on September 1, 1987.
(2) All policies, group certificates, and
				related forms issued or renewed on or after the date upon which these rules
				become effective shall be in compliance with these rules.
(3) Rates which exceed the new prima facie
				rates cannot be used on or after the effective date of these rules, except for
				a case for which an upward rate deviation may be placed in effect in accordance
				with
				R
				550.214(3).
(4) Approval of all policies, group
				certificates, and related forms not in compliance with these rules is hereby
				withdrawn upon the effective date of these rules. No such form may be issued or
				renewed on or after the effective date of these rules unless it has been
				submitted to, and approved by, the commissioner pursuant to these rules or
				unless an approved rider has been attached bringing such form into compliance
				with these rules.
Michigan Administrative Code › Department - Insurance and Financial Services › Insurance › Credit Insurance Policy Forms - Discretionary Clauses › Section R. 550.301 - Definitions

Current through Vol. 24-12, July 15, 2024
Rule 1. As used in these rules:
(a) "Appeal" means an appeal by a
				policyholder or other claimant of a claim denial by an insurer. It includes
				appeals to administrative agencies, arbitrators, courts, and
				mediators.
(b) "Commissioner" means
				the commissioner of the office of financial and insurance services.
(c) "Discretionary clause" is a provision in
				a form that purports to bind the claimant to or grant deference in subsequent
				proceedings to the credit insurer's decision, denial, or interpretation on
				terms, coverage, or eligibility for benefits including, but not limited to, a
				form provision that does any of the following:
(i) Provides that a policyholder or other
				claimant may not appeal a denial of a claim.
(ii) Provides that the insurer's decision to
				deny policy coverage is binding upon a policyholder or other
				claimant.
(iii) Provides that on
				appeal the insurer's decision-making power as to policy coverage is
				binding.
(iv) Provides that the
				insurer's interpretation of the terms of a form is binding upon a policyholder
				or other claimant.
(v) Provides
				that on appeal the insurer's interpretation of the terms of a form is
				binding.
(vi) Provides that or
				gives rise to a standard of review on appeal that gives deference to the
				original claim decision.
(vii)
				Provides that or gives rise to a standard of review on appeal other than a de
				novo review.
Michigan Administrative Code › Department - Insurance and Financial Services › Insurance › Credit Insurance Policy Forms - Discretionary Clauses › Section R. 550.302 - Discretionary clauses prohibited

Current through Vol. 24-12, July 15, 2024
Rule 2.
(a) A
				discretionary clause is unjust, unfair, inequitable, misleading, deceptive, and
				encourages misrepresentation of a policy within the meaning of section 13 of
				the credit insurance act.
(b) On
				and after the first day of the first month following the effective date of
				these rules, an insurer shall not issue, advertise, or deliver to any person in
				this state a policy, contract, rider, indorsement, certificate, or similar
				contract document that contains a discretionary clause. This does not apply to
				a contract document in use before that date, but does apply to any such
				document revised in any respect on or after that date.
(c) On and after the first day of the first
				month following the effective date of these rules, a discretionary clause
				issued or delivered to any person in this state in a policy, contract, rider,
				indorsement, certificate, or similar contract document is void and of no
				effect. This does not apply to contract documents in use before that date, but
				does apply to any such document revised in any respect on or after that
				date.
(d) Nothing in this rule
				limits the commissioner's authority under sections 13 and 15 of the credit
				insurance act, 1958 PA 173, MCL 550.613 and MCL 550.615, to disapprove or
				withdraw approval of any form that contains a discretionary clause.
(e) By the first day of the second month
				following the effective date of these rules, each insurer transacting insurance
				in this state shall submit to the commissioner a list of all forms in effect in
				Michigan that contain discretionary clauses and shall submit a certification
				that the list is complete and accurate. If an insurer has no such forms in
				effect, it shall submit a letter to the commissioner reporting and certifying
				that fact.
Michigan Administrative Code › Department - Insurance and Financial Services › Insurance › Section R. 500.71 - Definitions

Current through Vol. 24-12, July 15, 2024
Rule 1.
(1) As used in
			 these rules:
(a) "Act" means the insurance
			 code of 1956, 1956 PA 218, MCL
			 500.100 to
			 500.8302.
(b) "Chapter 13" means chapter 13 of the act,
			 MCL 500.1301 to
			 500.1379.
(c) "Executive officer" means chief executive
			 officer, chief operating officer, chief financial officer, treasurer,
			 secretary, controller, and another individual performing functions
			 corresponding to those performed by the individuals described in this
			 subdivision without regard to title.
(d) "Ultimate controlling person" means the
			 person that is not controlled by another person.
Michigan Administrative Code › Department - Insurance and Financial Services › Insurance › Section R. 500.73 - Severability

Current through Vol. 24-12, July 15, 2024
Rule 3. If a provision of these rules, or the application of
				these rules to a person or circumstance, is held invalid by a court of
				competent jurisdiction, that determination does not affect other provisions or
				applications of these rules that can be given effect without the invalid
				provision or application, and to that end, the provisions of these rules are
				severable.
Michigan Administrative Code › Department - Insurance and Financial Services › Insurance › Section R. 500.74 - Forms; general requirements

Current through Vol. 24-12, July 15, 2024
Rule 4.
(1) The
			 department shall make available forms, titled Form A, Form B, Form C, Form D,
			 and Form F, that must be used to prepare the statements required under chapter
			 13. The forms are not intended as blank forms to fill in. The statements filed
			 must contain the numbers and captions of all items. The text of the items may
			 be omitted, as long as the answers to the items clearly indicate the scope and
			 coverage of each item. All instructions, whether appearing under the items of
			 the form or elsewhere in the form, must be omitted. Unless expressly provided
			 otherwise, if an item is inapplicable or the answer is in the negative, an
			 appropriate statement to that effect must be made.
(2) One complete copy of each statement,
			 including exhibits and all other papers and documents filed as part of the
			 statement, must be filed with the director in a manner prescribed by the
			 department. The copy must be signed in the manner prescribed on the form or
			 otherwise prescribed by the department. If an individual or group of
			 individuals are ultimate controlling persons, the individuals shall sign the
			 Form A, Form B, Form C, and Form F statements. The director shall reject a copy
			 that is not properly signed until it is conformed. If the signature of a person
			 is affixed pursuant to a power of attorney or other similar authority, a copy
			 of the power of attorney or other authority must be filed with the
			 statement.
(3) Statements must be
			 prepared electronically. Statements must be easily readable and suitable for
			 review and reproduction. Debits in credit categories and credits in debit
			 categories must be designated to make them clearly distinguishable on
			 photocopies. Statements must be in the English language and monetary values
			 must be stated in United States currency. If an exhibit or other paper or
			 document filed with the statement is in a language other than English, it must
			 be accompanied by a translation into the English language and a monetary value
			 shown in a foreign currency must be converted into United States currency,
			 unless the director allows the monetary value to be shown in a foreign
			 currency.
Michigan Administrative Code › Department - Insurance and Financial Services › Insurance › Section R. 500.75 - Forms; incorporation of information by reference; summaries and omissions

Current through Vol. 24-12, July 15, 2024
Rule 5.
(1) Information
			 required by an item of Form A, Form B, Form D, or Form F may be incorporated by
			 reference in an answer or partial answer to another item. Information contained
			 in a financial statement, annual report, proxy statement, statement filed with
			 a governmental authority, or another document may be incorporated by reference
			 in an answer or partial answer to an item of Form A, Form B, Form D, or Form F,
			 as long as the document is filed as an exhibit to the statement. Excerpts of
			 documents may be filed as exhibits if the documents are extensive. Documents
			 currently on file with the director that were filed within 3 years are not
			 required to be attached as exhibits. References to information contained in
			 exhibits or in documents already on file must clearly identify the material and
			 specifically indicate that the material is incorporated by reference in the
			 answer to the item. Material must not be incorporated by reference if the
			 incorporation renders the statement incomplete, unclear, or
			 confusing.
(2) If an item requires
			 a summary or outline of the provisions of a document, only a brief statement
			 must be made as to the pertinent provisions of the document. In addition to the
			 statement, the summary or outline may incorporate by reference particular parts
			 of an exhibit or document currently on file with the director that was filed
			 within 3 years and may be qualified in its entirety by the reference. If 2 or
			 more documents that must be filed as exhibits are substantially identical in
			 all material respects, except as to the parties, the dates of execution, or
			 other details, a copy of only 1 of the documents must be filed with a schedule
			 identifying the omitted documents and setting forth the material details in
			 which the documents differ from the documents that have a copy filed.
Michigan Administrative Code › Department - Insurance and Financial Services › Insurance › Section R. 500.76 - Forms; information unknown or unavailable; extension

Current through Vol. 24-12, July 15, 2024
Rule 6.
(1) If it is
			 impractical to furnish any required information, document, or report when it
			 must be filed, a separate document must be filed with the director that does
			 all of the following:
(a) Identifies the
			 information, document, or report in question.
(b) States why filing the information,
			 document, or report when required is impractical.
(c) Requests an extension of time for filing
			 the information, document, or report to a specified date.
Michigan Administrative Code › Department - Insurance and Financial Services › Insurance › Section R. 500.77 - Forms; additional information and exhibits

Current through Vol. 24-12, July 15, 2024
Rule 7. In addition to the information expressly required to be
				included in Form A, Form B, Form C, Form D, and Form F, the director may
				request additional material information as necessary to make the information
				contained in the form not misleading. Exhibits may be filed in addition to
				those expressly required by the statement. The exhibit must clearly indicate
				the subject matter that it refers to. Changes to Form A, Form B, Form C, Form
				D, or Form F must include on the top of the cover page the phrase: "Change No.
				[insert number] to" and indicate the date of the change, not the date of the
				original filing.
Michigan Administrative Code › Department - Insurance and Financial Services › Insurance › Section R. 500.78 - Subsidiaries of domestic insurers

Current through Vol. 24-12, July 15, 2024
Rule 8. The authority to invest in subsidiaries under section
				1341a of the act, MCL
				500.1341a, is in addition to any
				authority to invest in subsidiaries contained in another provision of the
				act.
Michigan Administrative Code › Department - Insurance and Financial Services › Insurance › Section R. 500.81 - Acquisition of certain "domestic insurers"; Form A

Current through Vol. 24-12, July 15, 2024
Rule 11.
(1) If the
			 person being acquired is determined to be a domestic insurer solely because of
			 the provisions of section 1311(4) of the act, MCL
			 500.1311, the name of the
			 domestic insurer on the cover page must be indicated as follows:
"ABC Insurance Company, a subsidiary of XYZ Holding
				Company."
(2) If a domestic
			 insurer described section 1311(4) of the act, MCL
			 500.1311, is being acquired, a
			 reference to "the insurer" contained in Form A refers to both the domestic
			 subsidiary insurer and the person being acquired.
Michigan Administrative Code › Department - Insurance and Financial Services › Insurance › Section R. 500.82 - Annual registration of insurers; statement filing; Form B

Current through Vol. 24-12, July 15, 2024
Rule 12. An insurer required to file an annual registration
				statement under section 1324 of the act, MCL
				500.1324, shall furnish the
				required information on Form B by May 1 of each year for the immediately
				preceding calendar year, unless an extension is granted by the director under
				section 1324 of the act, MCL
				500.1324.
Michigan Administrative Code › Department - Insurance and Financial Services › Insurance › Section R. 500.83 - Summary of changes to registration; statement filing; Form C

Current through Vol. 24-12, July 15, 2024
Rule 13. An insurer required to file an annual registration
				statement under section 1324 of the act, MCL
				500.1324, shall furnish the
				required information on a summary of changes to registration statement, Form C,
				by May 1 of each year for the immediately preceding calendar year, unless an
				extension is granted by the director under section 1324 of the act, MCL
				500.1324.
Michigan Administrative Code › Department - Insurance and Financial Services › Insurance › Section R. 500.84 - Amendments to Form B

Current through Vol. 24-12, July 15, 2024
Rule 14.
(1) An
			 amendment to Form B must be filed within 15 days after the end of a month in
			 which there is a material change to the information provided in the annual
			 registration statement.
(2)
			 Amendments must be filed in the Form B format with only those items that are
			 being amended reported. Each amendment must include "Amendment No. [insert
			 number] to Form B for [insert year]" at the top of the cover page and indicate
			 the date of the change, not the date of the original filings.
Michigan Administrative Code › Department - Insurance and Financial Services › Insurance › Section R. 500.85 - Alternative and consolidated registrations

Current through Vol. 24-12, July 15, 2024
Rule 15.
(1) An
			 authorized insurer may file a registration statement on behalf of an affiliated
			 insurer or insurers that are required to register under section 1324 of the
			 act, MCL 500.1324. A registration
			 statement may include information not required by the act regarding an insurer
			 in the insurance holding company system, even if the insurer is not authorized
			 to do business in this state. Instead of filing a registration statement on
			 Form B, the authorized insurer may file a copy of the registration statement or
			 similar report that it must file in its state of domicile if both of the
			 following are met:
(a) The statement or
			 report contains substantially similar information required to be furnished on
			 Form B.
(b) The filing insurer is
			 the principal insurance company in the insurance holding company
			 system.
Michigan Administrative Code › Department - Insurance and Financial Services › Insurance › Section R. 500.86 - Disclaimer of affiliation and termination of registration

Current through Vol. 24-12, July 15, 2024
Rule 16.
(1) A petition
			 for disclaimer of affiliation or a request for termination of registration
			 claiming that a person does not, or will not upon the taking of some proposed
			 action, control another subject person must contain the following information:
(a) The number of authorized, issued, and
			 outstanding voting securities of the subject person.
(b) With respect to the person whose control
			 is denied and all affiliates of that person, the number and percentage of
			 shares of the subject person's voting securities that are held of record or
			 known to be beneficially owned, and the number of shares there is a right to
			 acquire, directly or indirectly.
(c) All material relationships and bases for
			 affiliation between the subject person and the person whose control is denied
			 and all affiliates of that person.
(d) A statement explaining why the person
			 must not be considered to control the subject person.
Michigan Administrative Code › Department - Insurance and Financial Services › Insurance › Section R. 500.87 - Transactions subject to prior notice; notice filing; Form D

Current through Vol. 24-12, July 15, 2024
Rule 17.
(1) An insurer
			 required to give notice of a proposed transaction pursuant to section 1341 of
			 the act, MCL
			 500.1341, shall furnish the
			 required information on Form D.
(2)
			 Agreements for cost sharing services and management services must, at a
			 minimum, do all of the following, as applicable:
(a) Identify the person providing services
			 and the nature of the services.
(b)
			 Set forth the methods to allocate costs.
(c) Require timely settlement, not less
			 frequently than on a quarterly basis, and compliance with the requirements in
			 the NAIC Accounting Practices and Procedures Manual.
(d) Prohibit advancement of money by the
			 insurer to the affiliate except to pay for services defined in the
			 agreement.
(e) State that the
			 insurer shall maintain oversight for functions provided to the insurer by the
			 affiliate and that the insurer shall monitor services annually for quality
			 assurance.
(f) Define books and
			 records of the insurer to include all books and records developed or maintained
			 under or related to the agreement.
(g) Specify that all books and records of the
			 insurer are and remain the property of the insurer, held for the benefit of the
			 insurer and are subject to the control of the insurer.
(h) State that all money and invested assets
			 of the insurer are the exclusive property of the insurer, held for the benefit
			 of the insurer and are subject to the control of the insurer.
(i) Include standards for termination of the
			 agreement with and without cause.
(j) Include provisions for indemnification of
			 the insurer if there is gross negligence or willful misconduct on the part of
			 the affiliate providing the services.
(k) Specify that if the insurer is placed in
			 receivership or seized by the director under chapter 81 of the act, MCL
			 500.8101 to
			 500.8160, all of the following
			 apply:
(i) All of the rights of the insurer
			 under the agreement extend to the receiver or director.
(ii) All books and records must immediately
			 be made available to the receiver or the director and must be turned over to
			 the receiver or director immediately upon the receiver's or director's
			 request.
(l) Specify that
			 the affiliate has no automatic right to terminate the agreement if the insurer
			 is placed in receivership pursuant to chapter 81 of the act, MCL
			 500.8101 to
			 500.8159.
(m) Specify that the affiliate shall continue
			 to maintain any systems, programs, or other infrastructure notwithstanding a
			 seizure by the director under chapter 81 of the act, MCL
			 500.8101 to
			 500.8159, and shall make them
			 available to the receiver, for so long as the affiliate continues to receive
			 timely payment for services rendered.
Michigan Administrative Code › Department - Insurance and Financial Services › Insurance › Section R. 500.89 - Group capital calculation

Current through Vol. 24-12, July 15, 2024
Rule 19.
(1) If an
			 insurance holding company system has previously filed the annual group capital
			 calculation at least once, the lead state commissioner has the discretion to
			 exempt the ultimate controlling person from filing the annual group capital
			 calculation if the lead state commissioner makes a determination based upon
			 that filing that the insurance holding company system meets all of the
			 following criteria:
(a) Has annual direct
			 written and unaffiliated assumed premium, including international direct and
			 assumed premium, but excluding premiums reinsured with the Federal Crop
			 Insurance Corporation and Federal Flood Program, of less than
			 $1,000,000,000.00.
(b) Has no
			 insurers within its holding company structure that are domiciled outside of the
			 United States or 1 of its territories.
(c) Has no banking, depository, or other
			 financial entity that is subject to an identified regulatory capital framework
			 within its holding company structure.
(d) The holding company system attests that
			 there are no material changes in the transactions between insurers and
			 non-insurers in the group that have occurred since the last filing of the
			 annual group capital calculation.
(e) The non-insurers within the holding
			 company system do not pose a material financial risk to the insurer's ability
			 to honor policyholder obligations.
Michigan Administrative Code › Department - Insurance and Financial Services › Insurance › Section R. 500.90 - Extraordinary dividends and reporting of all dividends

Current through Vol. 24-12, July 15, 2024
Rule 20.
(1) Requests
			 for approval of extraordinary dividends or another extraordinary distribution
			 to shareholders must include all of the following:
(a) The amount of the proposed
			 dividend.
(b) The date established
			 for payment of the dividend.
(c) A
			 statement as to whether the dividend is to be in cash or other property and, if
			 in property, a description of the property, its cost, and its fair market value
			 together with an explanation of the basis for valuation.
(d) A copy of the calculations determining
			 whether the proposed dividend is extraordinary. The work paper must include all
			 of the following information:
(i) The amounts,
			 dates, and form of payment of all dividends or distributions, including regular
			 dividends but excluding distributions of the insurers own securities, paid
			 within the period of 12 consecutive months ending on the date fixed for payment
			 of the proposed dividend for which approval is sought and commencing on the day
			 after the same day of the same month in the last preceding year.
(ii) Surplus as regards policyholders, which
			 is the total capital and surplus, as of the preceding December 31.
(iii) If the insurer is a life insurer, the
			 net gain from operations for the 12-month period ending the preceding December
			 31.
(iv) If the insurer is not a
			 life insurer, the net income less realized capital gains for the 12-month
			 period ending the preceding December 31 and the 2 preceding 12-month
			 periods.
(v) If the insurer is not
			 a life insurer, the dividends paid to stockholders excluding distributions of
			 the insurer's own securities in the preceding 2 calendar years.
(e) A balance sheet and statement
			 of income for the period intervening from the last annual statement filed with
			 the director and the end of the month preceding the month in which the request
			 for dividend approval is submitted.
(f) A brief statement as to the effect of the
			 proposed dividend upon the insurer's surplus and the reasonableness of surplus
			 in relation to the insurer's outstanding liabilities and the adequacy of
			 surplus relative to the insurer's financial needs.
Michigan Administrative Code › Department - Insurance and Financial Services › Insurance › Section R. 500.91 - Adequacy of Surplus

Current through Vol. 24-12, July 15, 2024
Rule 21. The factors set forth in sections 403, 436a, 1341,
				1342, and 1343 of the act, MCL
				500.403,
				500.436a,
				500.1341,
				500.1342, and
				500.1343, are not an exhaustive
				list. In determining the adequacy and reasonableness of an insurer's surplus,
				no single factor is necessarily controlling. Instead, the director considers
				the net effect of all of these factors, plus other factors bearing on the
				financial condition of the insurer. In comparing the surplus maintained by
				other insurers, the director considers the extent to which each of these
				factors varies from company to company, and in determining the quality and
				liquidity of investments in subsidiaries, the director considers the individual
				subsidiary and may discount or disallow its valuation to the extent that the
				individual investments warrant.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Bureau of Employment Relations › Employment Relations Commission General Rules › Part 1 - GENERAL PROVISIONS › Section R. 423.101 - Definitions; A to C

Current through Vol. 24-12, July 15, 2024
Rule 101.
As used in these rules:
(a) "Administrative law judge" means a
				  designee authorized by the commission to perform hearing functions and duties
				  under LMA and PERA in the commissions labor relations division.
(b) "Applicant" means a person, public
				  employer, labor organization or duly authorized agent or party representative
				  thereof who files an application for fact finding under LMA or PERA.
(c) "Bargaining representative" means the
				  labor organization that represents the public school employees alleged to have
				  been engaged in an illegal strike or whose public employer is alleged to have
				  locked the public school employees out of the workplace in violation of section
				  2 of PERA.
(d) "Bureau" means the
				  bureau of employment relations which is the administrative component of the
				  commission.
(e) "Charge" means the
				  document containing the information specified in
				  R
				  423.151.
(f) "Charging party" means a person, public
				  employer, labor organization or duly authorized agent or party representative
				  thereof, who files a charge alleging an unfair labor practice under LMA or
				  PERA.
(g) "Commission" means the
				  employment relations commission as established under section 3 of LMA, MCL
				  423.3.section
				  3 of LMA, MCL
				  423.3.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Bureau of Employment Relations › Employment Relations Commission General Rules › Part 1 - GENERAL PROVISIONS › Section R. 423.102 - Definitions; D to L

Current through Vol. 24-12, July 15, 2024
Rule 102.
As used in these rules:
(a) "Designee" means a commission member or
				  an employee designated by the commission to perform functions and duties under
				  LMA and PERA.
(b) "Fact finder"
				  means a commission member, an employee, or other individual, whether or not a
				  member of the commissions staff, designated by the commission to perform fact
				  finding functions and duties under section 25 of LMA.
(c) "Initiating party" means the party that
				  filed a notice of public school strike and is the public school employer, the
				  superintendent of public instruction, or the parent or legal guardian of a
				  child who is enrolled in the school district at which a strike by 1 or more
				  public school employees is alleged to have occurred in violation of section 2
				  of PERA.
(d) "LMA" means 1939 PA
				  176, MCL
				  423.1
				  to
				  423.30.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Bureau of Employment Relations › Employment Relations Commission General Rules › Part 1 - GENERAL PROVISIONS › Section R. 423.103 - Definitions; M to P

Current through Vol. 24-12, July 15, 2024
Rule 103. As used in these rules:
(a) "Mediator" means the commission, a
				  commission member, or an employee designated by the commission to perform the
				  functions and duties of mediation under LMA and PERA in the commission's
				  mediation division.
(b) "PERA"
				  means the 1947 PA 336, MCL 423.201 to 423.217.
(c) "Petition" means the document containing
				  the information specified in
				  R
				  423.141.
(d) "Petitioner" means a person, public
				  employer, labor organization or duly authorized agent or party representative
				  thereof who files a petition under LMA or PERA.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Bureau of Employment Relations › Employment Relations Commission General Rules › Part 1 - GENERAL PROVISIONS › Section R. 423.104 - Definitions; R

Current through Vol. 24-12, July 15, 2024
Rule 104. As used in these rules, "respondent" means a
					 person, public employer, employer or labor organization charged with having
					 engaged in or engaging in unfair labor practices under LMA or PERA as set forth
					 in a complaint issued by the commission.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Bureau of Employment Relations › Employment Relations Commission General Rules › Part 1 - GENERAL PROVISIONS › Section R. 423.105 - Division of commission

Current through Vol. 24-12, July 15, 2024
Rule 105.
(1) The
				  commission shall exercise its mediation functions under LMA and PERA through
				  its mediation division.
(2) The
				  commission shall exercise its labor relations functions under LMA and PERA
				  through its labor relations division.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Bureau of Employment Relations › Employment Relations Commission General Rules › Part 1 - GENERAL PROVISIONS › Section R. 423.106 - Party representative

Current through Vol. 24-12, July 15, 2024
Rule 106. A party to a proceeding before the Michigan
					 employment relations commission may be represented by an attorney or
					 non-attorney, or other agent of his or her choice, or appear on his or her own
					 behalf.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Bureau of Employment Relations › Employment Relations Commission General Rules › Part 2 - MEDIATION OF LABOR DISPUTES › Section R. 423.121 - Mediation functions

Current through Vol. 24-12, July 15, 2024
Rule 121. A mediator shall bring the parties together
					 voluntarily under such favorable auspices as will tend to effectuate the
					 settlement of the dispute; but the mediator shall not have any power of
					 compulsion in mediation. At the request of 1 of the parties, or when the
					 commission believes that mediation may be of assistance in resolving a dispute
					 between either a public or private employer and employees, the commission on
					 its own motion may, or at the direction of the governor shall, take steps that
					 it deems expedient to effect a voluntary, amicable, and expeditious adjustment
					 and settlement of the differences and issues between the employer and
					 employees.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Bureau of Employment Relations › Employment Relations Commission General Rules › Part 2 - MEDIATION OF LABOR DISPUTES › Section R. 423.122 - Confidential information

Current through Vol. 24-12, July 15, 2024
Rule 122. Information disclosed by a party to a mediator in
					 the performance of mediation functions shall not be divulged voluntarily or by
					 compulsion. All files, records, reports, documents, or other papers received or
					 prepared by a mediator while serving as a mediator shall be classified as
					 confidential. The mediator shall not produce any confidential records of, or
					 testify in regard to, any mediation conducted by the mediator, on behalf of any
					 party to any cause pending in any type of proceeding.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Bureau of Employment Relations › Employment Relations Commission General Rules › Part 2 - MEDIATION OF LABOR DISPUTES › Section R. 423.123 - Mediation conferences

Current through Vol. 24-12, July 15, 2024
Rule 123.
(1) A
				  mediator may hold separate or joint conferences with parties or their
				  representatives, and the conferences shall be private unless otherwise mutually
				  agreed by the parties and the mediator.
(2) A mediation conference may be conducted
				  at a date, time, and place agreed to by a mediator and the parties or their
				  representatives, except that the mediator may designate the date, time, and
				  place of a conference.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Bureau of Employment Relations › Employment Relations Commission General Rules › Part 2 - MEDIATION OF LABOR DISPUTES › Section R. 423.124 - Strike elections

Current through Vol. 24-12, July 15, 2024
Rule 124. A strike election conducted by the commission
					 under sections 9 and 9a of LMA, MCL 423. 9 and MCL 423. 9a, shall be governed
					 by the rules in part 4 as applicable. Sections 9 and 9a shall be complied with
					 as a condition to a strike election. Within 48 hours after the close of a
					 strike election, excluding Saturdays, Sundays, and legal holidays, a party may
					 file objections to the conduct of the election or to conduct improperly
					 affecting the results of the election. Objections shall be in writing and shall
					 contain a statement of facts and the reasons therefor upon which the objections
					 are based. A party shall file a signed original and 4 copies of the objections
					 with the commission, and the party filing objections shall at the same time
					 serve a copy upon each of the other parties, with proof of service to the
					 commission. This rule does not apply to public employees as defined in section
					 1(e)
					 of PERA, MCL 423.201e.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Bureau of Employment Relations › Employment Relations Commission General Rules › Part 3 - FACT FINDING › Section R. 423.131 - Definitions

Current through Vol. 24-12, July 15, 2024
Rule 131. As used in this part:
(a) "Advocate" means an individual who has
				  represented management or a union in collective bargaining or labor relations
				  in the 5 years before his or her selection by the commission as a nominee for
				  chair of a fact finding panel under MCL 423. 25 and
				  R
				  423.135. Advocate also means an individual, including
				  an attorney, who is associated with a firm or entity that has represented
				  management or a union in collective bargaining or labor relations in the 5
				  years before his or her selection by the commission as a nominee for chair of a
				  fact finding panel under section 25 of LMA, MCL 423.25, and
				  R
				  423.135.
(b) "Commission's panel of fact finders"
				  means those members who are appointed to the Michigan employment relations
				  commission panel of fact finders by the commission.
(c) "Dispute" means a disagreement regarding
				  mandatory subjects of bargaining concerning rates of pay, wages, hours of
				  employment, or other conditions of employment.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Bureau of Employment Relations › Employment Relations Commission General Rules › Part 3 - FACT FINDING › Section R. 423.132 - Petitions; initiation by commission of fact finding

Current through Vol. 24-12, July 15, 2024
Rule 132.
(1)
				  Pursuant to section 25 of LMA, MCL 423.25, a petition for fact finding may be
				  filed by a public employer, a collective bargaining representative of public
				  employees, or, if no representative has been designated or selected, by a
				  majority of any given group of public employees. The petition shall be signed
				  by an authorized agent of the petitioner. The petitioner shall file an original
				  and 3 copies with the commission and shall serve a copy of the petition on the
				  other party or its representative. Petitions for fact finding shall be filed
				  pursuant to
				  R
				  423.181 and service shall be pursuant to
				  R 423.182.
(2) The applicant may withdraw the petition
				  with the consent of the commission or bureau director.
(3) The commission, on its own motion, may
				  institute fact finding if it is apparent to the commission that matters in
				  disagreement between the parties may be more readily settled if the facts
				  involved in the disagreement are determined and publicly known. If the
				  commission institutes fact finding, the commission may suspend the fact finder
				  selection process in these rules and may appoint a fact finder on its own
				  motion.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Bureau of Employment Relations › Employment Relations Commission General Rules › Part 3 - FACT FINDING › Section R. 423.133 - Contents of petitions

Current through Vol. 24-12, July 15, 2024
Rule 133.
(1) The
				  petition shall contain all of the following information:
(a) The name and address of the public
				  employer involved and the name and telephone number of its principal
				  representative.
(b) The name and
				  address of the collective bargaining representative involved; or, if there is
				  no collective bargaining representative, the name and address of the principal
				  representative of the majority of the members of a given group on whose behalf
				  the petition is being filed.
(c) A
				  description of the certified or recognized collective bargaining unit, or, if
				  there is no such unit, a description of the given group.
(d) The approximate number of employees in
				  the unit or given group.
(e)
				  Contract expiration date.
(f) A
				  statement that the applicant has attempted to engage in good-faith collective
				  bargaining and mediation and that the parties have not succeeded in resolving
				  the matters in dispute.
(g) A
				  statement that the applicant has exhausted the contractual grievance procedure,
				  if applicable.
(h) A listing of any
				  unresolved issue in dispute and the related facts.
(i) A statement of reasons why publicizing
				  the facts and recommendations would assist in resolving the issues in
				  dispute.
(j) If applicable, the
				  name of the fact finder from the commission's panel of fact finders that the
				  parties have mutually selected.
(k)
				  The name and address of the petitioner and the signature and telephone number
				  of the persons executing the petition.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Bureau of Employment Relations › Employment Relations Commission General Rules › Part 3 - FACT FINDING › Section R. 423.134 - Answers

Current through Vol. 24-12, July 15, 2024
Rule 134.
(1) A
				  party upon whom a petition has been served shall file an answer to the petition
				  within 10 days from its service, unless notified by the commission that the
				  circumstances require a specified shorter period of time to file an answer.
				  Upon proper cause shown, the commission may extend the time for filing an
				  answer, or, in exceptional circumstances, may waive the requirement for an
				  answer.
(2) The answer shall
				  specifically admit, deny, or explain each of the allegations in the petition,
				  shall contain a statement of the position of the answering party, and shall be
				  signed by the answering party or authorized agent.
(3) The answer and 3 copies shall be filed
				  with the commission. The party filing an answer concurrently shall serve a copy
				  of the answer on the petitioner or its agent, and file proof of service with
				  the commission.
(4) A party on whom
				  a petition has been served may rely on the filing by the opposing party. The
				  proposed withdrawal of the initial petition shall not act to terminate the
				  process unless otherwise ordered by the commission for good cause, which may
				  include the consent of the parties.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Bureau of Employment Relations › Employment Relations Commission General Rules › Part 3 - FACT FINDING › Section R. 423.135 - Fact finder selection

Current through Vol. 24-12, July 15, 2024
Rule 135.
(1) The
				  commission shall establish and appoint a panel of fact finders to be known as
				  the Michigan employment relations commission panel of fact finders. Panel
				  members shall be appointed for indefinite terms, and shall be impartial,
				  competent, and reputable citizens of the United States and residents of the
				  state. The commission may at any time appoint additional members to the panel
				  of fact finders and may remove existing members with or without
				  cause.
(2) If a
				  commission-nominated fact finder is an advocate as defined in
				  R
				  423.131, either party may notify the other party and
				  ask the commission to delete the fact finder's name from the list of nominees
				  and provide the parties with the name of a fact finder who is not an advocate.
				  The commission shall provide the parties with another fact finder's name and
				  resume. If, within 10 days, a fact finder is not selected from the list to
				  which there has been no objection, then the commission may select a fact
				  finder.
(3) The parties may
				  mutually agree upon the selection of a fact finder from the commission's panel
				  of fact finders or a fact finder who is eligible for membership on that panel
				  and notify the commission of their selection when the petition is
				  filed.
(4) A fact finder's resume
				  shall include all of the following information:
(a) A brief summary of the fact finder's
				  educational and professional background.
(b) A list of the fact finder's past 5 years
				  of employment.
(c) A list of the
				  fact finder's commission arbitration awards and fact finding reports.
(d) A list that shows the percentage of
				  advocacy work, if any, which was performed by the fact finder and the fact
				  finder's firm on an annual basis for the past 5 years.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Bureau of Employment Relations › Employment Relations Commission General Rules › Part 3 - FACT FINDING › Section R. 423.136 - Hearings; fact finder powers

Current through Vol. 24-12, July 15, 2024
Rule 136.
(1) If
				  it appears to the commission that a hearing is warranted, then the commission
				  shall appoint a fact finder and serve upon each of the parties a notice of the
				  person appointed.
(2) A fact finder
				  shall conduct a prehearing conference within 15 days of the fact finder's
				  appointment. It may be conducted by telephone conference call. The commission
				  may waive the requirement for a prehearing conference in exceptional
				  circumstances. The fact finder shall also issue and serve, upon each of the
				  parties, a notice indicating either of the following:
(a) A hearing date.
(b) A hearing is not necessary, and a fact
				  finding report shall be based on the exhibits and briefs filed by the
				  parties.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Bureau of Employment Relations › Employment Relations Commission General Rules › Part 3 - FACT FINDING › Section R. 423.137 - Fact finders' reports

Current through Vol. 24-12, July 15, 2024
Rule 137.
(1)
				  Within 30 days after the close of the record or additional time as the bureau
				  director may permit, the fact finder shall file a report containing all of the
				  following:
(a) The names of the
				  parties.
(b) A statement of
				  findings of fact and conclusions upon all material issues presented at the
				  hearing.
(c) A final summary sheet
				  listing the issues in dispute, the position of each party for each issue, and
				  recommendations with respect to each of the issues in dispute.
(d) Reasons and basis for the findings,
				  conclusions and recommendations. However, the parties may waive the
				  requirements of this subdivision and the fact finder may then issue a report
				  containing only items in subdivisions (a), (b), (c), (e) and (f) of this
				  subrule.
(e) The date the report
				  issued.
(f) The signature of the
				  fact finder.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Bureau of Employment Relations › Employment Relations Commission General Rules › Part 3 - FACT FINDING › Section R. 423.137a - Expedited fact finding

Current through Vol. 24-12, July 15, 2024
Rule 137a. Upon motion of a party or upon the commissions
					 own motion, the commission may expedite the fact finding proceedings and the
					 issuance of a fact finding report. Prior to reaching a decision to expedite a
					 fact finding proceeding and report, the commission will consider the parties
					 positions and other circumstances.