reglab/statecodes huggingface dataset:
Michigan Administrative Code › Department - Labor and Economic Opportunity › Bureau of Services for Blind Persons › Vending Facility Program Rules › Section R. 393.50 - Bidding procedure

Current through Vol. 24-12, July 15, 2024
Rule 50.
(1) The bid
				line shall contain instructions for placing a bid. Program staff shall record
				the bid with the date and time it was placed.
(2) A bid may be placed from 5 p.m. on the
				bid day until noon on the following bid update day.
(3) Program administrative staff shall offer
				the open vending facility to the successful bidder. The candidate shall either
				commit to the vending facility or decline the offer in writing within 72 hours
				after the close of bids. If the first candidate declines, then program staff
				shall continue the same award procedure, moving down the list of eligible
				licensees or potential licensees until the facility is awarded.
(4) Failure to make a commitment by the noon
				deadline constitutes declining the offer and the opportunity shall be offered
				to the next licensee on the list.
(5) A licensee who is awarded a vending
				facility shall be announced in the week after the award.
(6) A licensee is considered installed in a
				vending facility when an agreement has been signed.
(7) If a potential licensee does not bid and
				accept a facility within 3 years, then he or she shall take a
				commission-designated retraining course as approved by the commission board,
				with the active participation of the committee. Failure to retake training
				results in deletion of the potential licensee's name from the potential list
				and the potential licensee is not eligible to bid or accept a facility within
				the program.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Bureau of Services for Blind Persons › Vending Facility Program Rules › Section R. 393.51 - Bid award for vending facility

Current through Vol. 24-12, July 15, 2024
Rule 51.
(1) For the
				award of a vending facility, seniority is based on the number of days in which
				a licensee is licensed in the program. Bidders are ranked by their seniority
				and on the basis of all of the following:
(a)
				The most recent evaluation score. A satisfactory score is the minimum
				requirement.
(b) The date of
				transfer into the current facility. Six months in the current facility is the
				minimum requirement.
(c) The status
				of set-aside payments or reports. A licensee who submits late reports or
				accompanying set-aside payments is ineligible for promotion until 30 days after
				the time and date stamp of the delinquent report and the postmark receipt date
				of appropriate monies.
(d) Training
				appropriate to the facility for which the bid was placed.
(e) The profit percentage of the high
				bidder's vending facility for the most recent 3 report months shall meet the
				standard set forth in
				R
				393.1.
(f)
				Documentation on file with the commission that the licensee is in compliance
				with workers' compensation laws, unemployment tax laws, and liability insurance
				requirements.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Bureau of Services for Blind Persons › Vending Facility Program Rules › Section R. 393.52 - Committee; creation; powers and duties

Current through Vol. 24-12, July 15, 2024
Rule 52.
(1) The
				committee shall consist of 11 members elected by the licensees. The members
				shall serve for a period of 2 years, except that 5 initial members shall serve
				for 1 year and 6 initial members shall serve for 2 years. Thereafter, all
				members shall be elected for 2-year terms. A quorum of the committee shall
				annually elect, by a majority vote, 1 of its members to serve as chairperson.
				Committee members shall be licensees.
(2) The committee shall do all of the
				following:
(a) Meet not less than 4 times
				annually at places designated by the committee. The business that the committee
				may perform shall be conducted at a public meeting held in compliance with 1976
				PA 267, MCL 15.261. Public notice of the time, date, and place of the meeting
				shall be given in the manner required by 1976 PA 267.
(b) Actively participate with the commission
				in major administrative decisions and policy and program development decisions
				affecting the overall administration of the state's vending facility
				program.
(c) At the request of the
				licensees, receive and transmit grievances to the commission and serve as an
				advocate for the licensees in connection with grievances.
(d) Actively participate with the commission
				in the development and administration of a state system for the transfer and
				promotion of licensees.
(e)
				Actively participate with the commission in the development of training and
				retraining programs for licensees.
(f) Sponsor, with the assistance of the
				commission, meetings and instructional conferences for licensees within the
				state.
(g) Between regular
				meetings, carry on its duties through subcommittees or individual members
				designated by it.
(h) Receive
				advance written notice from the commission of matters within the committee's
				purview that are being considered for decision. The commission may waive the
				requirement of advance notice in an emergency.
(i) Initiate matters for consideration by the
				commission, and advise interested parties regarding the state's vending
				facilities program.
(j) Record and
				transcribe committee minutes.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Bureau of Services for Blind Persons › Vending Facility Program Rules › Section R. 393.53 - Committee election and representation

Current through Vol. 24-12, July 15, 2024
Rule 53. The commission shall conduct the annual election of
				  the members of the committee. The committee shall be fully representative of
				  all licensees in the program on the basis of factors such as geography and
				  vending facility type, with a goal of providing for proportional representation
				  of licensees on federal, state, and other property.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Bureau of Services for Blind Persons › Vending Facility Program Rules › Section R. 393.54 - Dispute resolution

Current through Vol. 24-12, July 15, 2024
Rule 54.
(1) Any
				decision of the program is appealable.
(2) Dispute resolution shall commence with an
				attempt to resolve problems between a licensee and a promotional agent through
				direct discussion. A licensee shall initiate dispute resolution by contacting
				the promotional agent and verbally communicating about the problem or by
				submitting a written communication stating the problem. The licensee's
				communication shall include a proposed solution. The promotional agent shall
				document the attempted resolution.
(3) If a promotional agent is unable to
				resolve the problem with the licensee, then a licensee may request an
				administrative review by the commission.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Bureau of Services for Blind Persons › Vending Facility Program Rules › Section R. 393.55 - Administrative review

Current through Vol. 24-12, July 15, 2024
Rule 55.
(1) The
				purpose of an administrative review is to provide an informal procedure to
				enable a licensee to seek a remedy for dissatisfaction with an action of the
				commission arising from the operation or administration of the vending facility
				program that does not directly involve suspension and termination of a
				licensee's license. The commission shall make every effort to resolve licensee
				complaints at the administrative review level, since the resolution of disputes
				at the earliest possible time is mutually advantageous to all parties
				concerned. Resolution efforts are not intended to discourage or interfere with
				the licensee's rights to pursue the formal full evidentiary hearing process. A
				licensee may request, in writing, an administrative review within 15 working
				days from the date of the mailing, or the receipt, of notification of the
				commission action sought to be reviewed. This review shall be by a member or
				members of the administrative staff of the commission who have not directly or
				indirectly participated in the commission action in question. A written request
				for an administrative review shall contain a description of the complaint and
				the remedy that is sought. The request for an administrative review shall
				include all of the following information:
(a)
				The action with which the complainant is dissatisfied and the date of the
				action.
(b) A citation to the
				promulgated rule that has been violated or a statement of the injury incurred
				by the complainant.
(c) A proposed
				remedy to the complaint.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Bureau of Services for Blind Persons › Vending Facility Program Rules › Section R. 393.199 - Rescission

Current through Vol. 24-12, July 15, 2024
Rule 99. R 400.261 to R 400.276 of the Michigan
				  Administrative Code, appearing on pages 3013 to 3016 of the 1979 Michigan
				  Administrative Code, are rescinded.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Bureau of Services for Blind Persons › Client Appeal Procedures › Section R. 393.201 - Adoption by reference of federal regulations

Current through Vol. 24-12, July 15, 2024
Rule 1. The Michigan commission for the blind adopts by
				  reference in these rules the client appeal procedure as delineated in the
				  provisions of 34 C.F.R. SS361.1 and 361.48, entitled "State Vocational
				  Rehabilitation Services Program," as published in 53 F.R. 92, pp. 16982 to
				  16988 (May 12, 1988). Copies of the adopted regulations may be obtained from
				  the Michigan Commission for the Blind, 309 N. Washington Square, P.O. Box
				  30015, Lansing, MI 48909, in print, braille, or tape, at no cost, or from the
				  Superintendent of Documents, United States Government Printing Office,
				  Washington, DC 20402, at a cost of $12.00.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Bureau of Services for Blind Persons › Services for Blind Vocational Rehabilitation › Part 4 - DIVISION OF SERVICES FOR THE BLIND VOCATIONAL REHABILITATION › Section R. 400.251 - Application

Current through Vol. 24-12, July 15, 2024
Rule 251. An application shall be considered a right of any
					 individual who considers himself eligible for vocational rehabilitation through
					 the division of services for the blind.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Bureau of Services for Blind Persons › Services for Blind Vocational Rehabilitation › Part 4 - DIVISION OF SERVICES FOR THE BLIND VOCATIONAL REHABILITATION › Section R. 400.252 - Special eligibility requirements

Current through Vol. 24-12, July 15, 2024
Rule 252.
(1) Any
				  individual in Michigan shall be considered eligible for vocational
				  rehabilitation through the division of services for the blind if he is
				  otherwise eligible.
(2) Any
				  individual who is otherwise eligible and is found through an examination by an
				  ophthalmologist or a physician approved by the state supervising
				  ophthalmologist to have a visual acuity of 20/200 or less in the better eye
				  with proper corrections or a limitation of the visual field of vision such that
				  the widest diameter of the visual field subtends an angle distance no greater
				  than 20 degrees, shall be considered eligible for service on the basis of lack
				  or defectiveness of vision.
(3)
				  Vocational rehabilitation services shall be available only to those individuals
				  whose vocational capacity may be increased through such services and when a
				  study of the age, physical and mental capacity, aptitudes, and employment
				  history indicate the probability that a placement may be made after such
				  services have been given; provided, however, that the division of services for
				  the blind may extend rehabilitation services to blind persons whenever it
				  appears feasible without regard to employability.
(4) No person shall be denied rehabilitation
				  or other services on the basis of race, creed, or color. The same facilities
				  will be available to any eligible person.
(5) Vocational rehabilitation services other
				  than maintenance shall be available to any civil employee of the United States
				  disabled while in the performance of his duties and to any war disabled
				  civilian as defined in U.S. Public Law 113-78 th Congress
				  (first session) who may be certified to the division of services for the blind
				  by the administrator of the federal security agency without regard to economic
				  circumstances of the individual. Maintenance may be paid only after a study of
				  the economic circumstances of the individual indicates that he is unable to pay
				  for this service.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Bureau of Services for Blind Persons › Services for Blind Vocational Rehabilitation › Part 4 - DIVISION OF SERVICES FOR THE BLIND VOCATIONAL REHABILITATION › Section R. 400.253 - Need and amount of services

Current through Vol. 24-12, July 15, 2024
Rule 253.
(1)
				  Rehabilitation services for the blind shall be available to an individual
				  otherwise eligible who is financially unable to pay for the services. Cost of
				  services other than diagnostic evaluations, counseling, training, training
				  materials, reader service, interpretive service for the deaf, placement, and
				  follow-up shall be available on the basis of a study of the economic
				  circumstances of the individual and may be made available in whole or in part
				  when the study indicates that an individual is unable to pay for such
				  services.
(2) Cost of diagnostic
				  evaluations, counseling, training, training materials, reader service,
				  interpretive service for the deaf, placement, and follow-up shall be considered
				  allowable and may be given without regard to economic circumstances.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Bureau of Services for Blind Persons › Services for Blind Vocational Rehabilitation › Part 4 - DIVISION OF SERVICES FOR THE BLIND VOCATIONAL REHABILITATION › Section R. 400.254 - Confidential nature of records

Current through Vol. 24-12, July 15, 2024
Rule 254.
(1) The
				  following information concerning applicants and recipients of rehabilitation
				  services shall be considered as confidential in nature:
(a) Names and addresses of applicants and
				  recipients, as well as lists of the names and addresses of applicants and
				  recipients.
(b) Data contained in
				  applications, reports of investigations, reports of medical examinations,
				  cancelled assistance warrants, correspondence, and records concerning the
				  condition or circumstances of any person from or about whom information is
				  obtained, and including all such information regardless of whether it is
				  recorded.
(c) Records of agency
				  evaluations of such information.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Michigan State Housing Development Authority - General Rules › Part 1 - GENERAL PROVISIONS › Section R. 125.101 - Definitions; A, C

Current through Vol. 24-12, July 15, 2024
Rule 101. As used in these rules:
(a) "Act" means the state housing development
				authority act of 1966, 1966 PA 346, MCL
				125.1401 to
				125.1499c.
(b) "Adjusted annual income" means gross
				income less $750.00 for each member of the household living in the same
				dwelling unit.
(c) "Adjusted
				household income" means the gross annual income from all sources and before
				taxes or withholding of all members of a household living in a dwelling unit or
				housing unit after deducting all of the following:
(i) Unusual or temporary income of any member
				of the household.
(ii) Six hundred
				and fifty dollars for each member of the household.
(iii) Earnings of a member of a household who
				is under 18 years of age or who is a person with disabilities.
(iv) Fifty percent of the income of a second
				adult wage earner jointly occupying the dwelling or housing unit whose
				individual income is less than that of the wage earner with the highest
				income.
(v) The lesser of $1,000.00
				or 10% of the gross annual income.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Michigan State Housing Development Authority - General Rules › Part 1 - GENERAL PROVISIONS › Section R. 125.102 - Definitions; D to G

Current through Vol. 24-12, July 15, 2024
Rule 102. As used in these rules:
(a) "Development fund grant" means a grant
				that is authorized by the authority, and is to be made to an applicant
				authorized by the act to receive a grant from the housing development fund
				created by the act.
(b)
				"Development fund loan" means a loan that is authorized by the authority, and
				is to be made from the housing development fund created by the act.
(c) "Dwelling unit" means living
				accommodations within a housing project that are intended for occupancy by a
				single household.
(d) "Executive
				director" means the executive director or an individual acting within this
				capacity employed by the authority who is the chief administrative officer of
				the authority.
(e) "Existing
				housing unit" means a housing unit that has been occupied before the issuance
				of a commitment by the authority.
(f) "Family" means 2 or more individuals
				living together not contrary to law.
(g) "Feasible housing project" means a
				proposed housing project that the authority has determined can reasonably be
				expected to be successfully constructed on the proposed site within cost
				limitations acceptable to the authority and can reasonably be expected to be
				operated in a fiscally sound manner, within authority parameters.
(h) "Gross income," for determining
				eligibility, means all income derived from whatever source, as follows:
(i) In computing gross income, all the income
				of the members of the household, other than minors, living in the same dwelling
				unit and contributing to the expenses of the household is to be considered.
				Gross income must be computed without deduction for the following:
(A) Funds paid into a tax shelter retirement
				account.
(B) Losses attributable to
				a farming syndicate as described in section
				464 of the internal revenue code,
				26 USC
				464.
(C) Losses attributable to any type of
				corporation or partnership engaged in exploring for or exploiting oil and gas
				resources.
(D) Losses attributable
				to any type of corporation or partnership engaged in equipment
				leasing.
(E) Losses attributable to
				any type of corporation or partnership engaged in holding, producing, or
				distributing motion picture films or video tapes.
(F) Child support payments made by an
				applicant for the benefit of the applicant's child or children.
(G) Alimony, separate maintenance, or similar
				periodic payments that an applicant is required to make to a spouse or former
				spouse.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Michigan State Housing Development Authority - General Rules › Part 1 - GENERAL PROVISIONS › Section R. 125.103 - Definitions; H to S

Current through Vol. 24-12, July 15, 2024
Rule 103. As used in these rules:
(a) "Household" means an individual or family
				residing or intending to reside in a single-dwelling unit.
(b) "Local community" means any of the
				following entities which presents evidence that it is acting in a manner
				consistent with the objectives of the act with respect to the provision of
				housing or community development:
(i) A public
				body or agency.
(ii) A
				quasi-governmental body approved by the authority and established by state or
				federal law, the governing board of which is elected by the residents of a
				definite geographical area.
(iii) A
				park or playground association established pursuant to the provisions of 1911
				PA 161 MCL
				455.301 to
				455.313.
(iv) A nonprofit corporation, limited
				dividend housing corporation, or limited dividend housing
				association.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Michigan State Housing Development Authority - General Rules › Part 1 - GENERAL PROVISIONS › Section R. 125.104 - Rules of Construction

Current through Vol. 24-12, July 15, 2024
Rule 104.
(1) Terms
				not defined in these rules have the same meanings as those terms that are
				defined in the act.
(2) Where terms
				are defined in both these rules and the act the definitions are intended to be
				read in conjunction with each other.
(3) To the extent a term defined in the act
				conflicts with the same term as defined in these rules, the definition in the
				act controls.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Michigan State Housing Development Authority - General Rules › Part 1 - GENERAL PROVISIONS › Section R. 125.105 - Income limitations

Current through Vol. 24-12, July 15, 2024
Rule 105.
(1) For a
				household to be considered eligible for initial occupancy in a housing project
				or housing unit financed by the authority, that household's income shall not
				exceed the following household income limitations:
(a) Unless otherwise permitted by the act,
				for housing, other than single family housing units, that has been financed by
				the proceeds of authority bonds that have been delivered before June 9, 1977,
				the effective date of certain emergency rules that temporarily effectuated the
				provisions of subdivisions (b) and (c) of this subrule, a household shall not
				have an adjusted household income of more than $12,000.00 plus $500.00 for each
				member of the household in addition to the head of the household and his or her
				spouse; provided, however, that the authority, by resolution, may determine,
				with respect to a particular housing project, that 20% of the dwelling units in
				that project shall be available for occupancy by households having adjusted
				household incomes of not more than 125% of that established in this subrule.
				The resolution must include determinations by the authority that the project
				could not be marketed successfully without the higher income limit and that the
				project complies with either of the following:
(i) It is located in a city, other than a
				central city, with a per capita personal income less than the per capita
				personal income for this state.
(ii) It is located elsewhere and the number
				of units for households with incomes eligible for public housing or a program
				equivalent is at least equal to the number of units for households with incomes
				between the 100% and 125% limits. The $12,000.00 amount established in this
				subrule is automatically increased in accordance with the following formula:
($12,000.00) + ($12,000.00 x .07 x n) where n is the number
				  of complete years elapsed since January 1, 1973.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Michigan State Housing Development Authority - General Rules › Part 1 - GENERAL PROVISIONS › Section R. 125.107 - Asset Criteria

Current through Vol. 24-12, July 15, 2024
Rule 107. The authority by resolution may establish asset
				  criteria when it determines that action to be necessary to preserve the
				  integrity of established income limitations and to effectuate the purposes of
				  the act.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Michigan State Housing Development Authority - General Rules › Part 1 - GENERAL PROVISIONS › Section R. 125.109 - Acceptance of aid and guarantees

Current through Vol. 24-12, July 15, 2024
Rule 109.
(1)
				Pursuant to sections
				22(c) and
				22(k) of the act,
				MCL 125.1422, the authority, by
				resolution, may accept gifts, grants, loans or other aid, including guarantees,
				from the federal government or any public or private source, agree and comply
				with any condition attached thereto, and authorize and direct the execution on
				behalf of the authority or any agreement that it considers necessary or
				appropriate to implement any such gifts, grants, loans, guarantees, or other
				aid.
(2) Without limitation on the
				provisions of subrule (1) of this rule, the authority by resolution may accept
				any guarantee or commitment to guarantee its bonds or notes issued for the
				purpose of financing real property acquisition and land development pursuant to
				community development programs, accept any grant with respect to bonds or notes
				guaranteed and accept any public service grants for providing essential public
				services, including educational, health and safety services, and authorize and
				direct the execution on behalf of the authority of any agreement that it
				considers necessary or appropriate with respect thereto.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Michigan State Housing Development Authority - General Rules › Part 1 - GENERAL PROVISIONS › Section R. 125.111 - Hearings

Current through Vol. 24-12, July 15, 2024
Rule 111.
(1) To
				inform itself and the public the authority may hold public hearings anywhere in
				the state and may limit the scope of the hearings.
(2) An individual, firm, corporation,
				partnership, or public body or agency, aggrieved by a decision of the authority
				or the executive director, may request in writing that the authority hold a
				hearing in accordance with the administrative procedures act of 1969, 1969 PA
				306, MCL 24.201 to
				24.328.
(3) Except for hearing and appeal procedures
				provided by statute or rule, a request for a hearing under subrule (2) of this
				rule must be received by the authority's director of legal affairs within 60
				days after the issuance of the decision.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Michigan State Housing Development Authority - General Rules › Part 1 - GENERAL PROVISIONS › Section R. 125.113 - Waiver

Current through Vol. 24-12, July 15, 2024
Rule 113. The executive director may, in his or her
				  discretion, waive a requirement in these rules that is not specifically
				  required by statute upon notification by an applicant that the enforcement of
				  the rule will negate the applicant's opportunity to obtain a loan or other
				  assistance from the authority and when the failure to meet the requirement was
				  caused by the provision of inaccurate information by a financial institution
				  participating in one of the authority programs.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Michigan State Housing Development Authority - General Rules › Part 1 - GENERAL PROVISIONS › Section R. 125.115 - Bylaws

Current through Vol. 24-12, July 15, 2024
Rule 115. The bylaws of the authority shall be adopted and
				  amended by resolution and are public records. The bylaws must include the time
				  and place of regular meetings, the manner of calling special meetings, and the
				  internal procedures as the authority requires.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Michigan State Housing Development Authority - General Rules › Part 1 - GENERAL PROVISIONS › Section R. 125.119 - Rescission

Current through Vol. 24-12, July 15, 2024
Rule 119.
				  R 125.1 to
				  R 125.73 are rescinded. This
				  rescission shall not defeat or impair any right accrued, or affect any penalty
				  incurred, under such rules, and applications pending with the authority may be
				  amended to conform with these rules.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Michigan State Housing Development Authority - General Rules › Part 2 - APPLICATIONS AND APPLICANT ELIGIBILITY › Section R. 125.121 - Applications

Current through Vol. 24-12, July 15, 2024
Rule 121.
(1) The
				authority staff may provide staff services to assist an applicant in complying
				with the requirements of the act and these rules. The executive director may
				establish a preapplication procedure.
(2) Forms to be employed for applications may
				be prepared by the authority staff, shall be approved by the executive
				director, and must specify the information to be included and the supporting
				materials to be submitted with the application.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Michigan State Housing Development Authority - General Rules › Part 2 - APPLICATIONS AND APPLICANT ELIGIBILITY › Section R. 125.122 - Eligible applicants

Current through Vol. 24-12, July 15, 2024
Rule 122.
(1) A
				development fund loan, mortgage loan, or part of a development fund loan or
				mortgage loan, must not be made or disbursed to an applicant until the
				applicant is an eligible applicant.
(2) An eligible applicant is an applicant
				authorized by the act to receive a development fund loan or a mortgage loan. To
				become an eligible applicant, an applicant shall obtain the authority's
				approval of its organizational documents, where applicable, as provided in the
				act.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Michigan State Housing Development Authority - General Rules › Part 2 - APPLICATIONS AND APPLICANT ELIGIBILITY › Section R. 125.123 - Approval of organizational documents

Current through Vol. 24-12, July 15, 2024
Rule 123.
(1)
				Proposed articles of incorporation and proposed amendments to existing articles
				of incorporation of a nonprofit housing corporation, consumer housing
				cooperative, or limited dividend housing corporation, and the proposed
				partnership agreement, joint venture agreement, trust agreement, or other
				document then existing of a limited dividend housing association must be
				submitted in duplicate originals to the executive director or director of legal
				affairs, together with a request for the authority's approval of the
				documents.
(2) The authority staff
				shall review the organizational documents to determine the compliance with the
				requirements of the act and these rules, and, if it is determined that the
				organizational documents comply, the executive director or other authority
				staff authorized by resolution of the authority shall issue, on behalf of the
				authority, a certificate of approval with respect to the organizational
				documents, on a form approved by the executive director or director of legal
				affairs.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Michigan State Housing Development Authority - General Rules › Part 3 - DEVELOPMENT FUND LOANS AND FEASIBLE PROJECTS › Section R. 125.131 - Applications

Current through Vol. 24-12, July 15, 2024
Rule 131.
(1) An
				application for a determination that a proposed housing project is a feasible
				housing project must include information, and where required by the authority
				staff, supporting materials and evidence with respect to all of the following:
(a) The status of the applicant as an
				eligible applicant, or that reasonable steps have been taken to become an
				eligible applicant.
(b) The site of
				the proposed housing project, including location, dimensions, ownership,
				present zoning, present use and occupancy and relocation requirements as to
				present occupants, present on-site improvements such as streets, utilities, and
				structures, status of off-site utilities and streets, present property taxes
				and assessments, utility charges, and liens or other charges on the land, and
				all physical characteristics of the site that may affect
				construction.
(c) The status and
				characteristics of the proposed housing project, including number and size of
				dwelling units; type of occupancy, including ownership, rental, or cooperative;
				rehabilitation or new construction; range of proposed rents; occupancy charges
				or sale prices; building type; federally-aided mortgage or otherwise; and
				social, recreational, commercial, and communal facilities proposed to serve and
				improve the residential area in which the proposed housing is located or to be
				located.
(d) A schedule of the
				proposed uses of any requested development fund loan and the amounts proposed
				to be allocated to each use.
(e)
				Other matters as to the proposed housing project, the applicant, and other
				parties involved in the housing project as the authority staff and the
				executive director may require.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Michigan State Housing Development Authority - General Rules › Part 3 - DEVELOPMENT FUND LOANS AND FEASIBLE PROJECTS › Section R. 125.132 - Processing and evaluation of applications

Current through Vol. 24-12, July 15, 2024
Rule 132.
(1) An
				application for a development fund loan or a determination that a proposed
				housing project is a feasible housing project, or both, must be processed by
				the authority staff on the basis of processing and underwriting procedures and
				guidelines developed by the authority staff under direction of the executive
				director on behalf of the authority.
(2) An applicant may be required to furnish
				to the authority staff supplementary information and to amend the application
				to cause the proposed housing project to be consistent with the authority's
				processing and under-writing procedures and guidelines.
(3) Upon completion of the processing, all
				applications for a determination that a proposed housing project is feasible
				and all applications for development fund loans in the principal amount of
				$250,000 or more must be presented to the authority for approval, along with
				the authority staff analysis of the application and the executive director's
				recommendation with respect to the application, subject to terms, conditions,
				and requirements deemed necessary by the authority, in accordance with
				R 125.133.
(4) If the principal amount of the
				development fund loan is less than $250,000.00, the executive director shall
				review the authority staff analysis and determine whether all of the following
				requirements are met:
(a) The applicant is an
				applicant authorized by the act to receive a development fund loan.
(b) The applicant shall use the loan funds in
				planning for or implementing any activities permitted in the act.
(c) The applicant is reasonably expected to
				be able to successfully implement the proposal.
(d) The authority reasonably anticipates that
				the applicant will receive an authority-aided or a federally-aided mortgage
				loan, to be obtained to provide financing for the proposed housing
				project.
(e) The development fund
				loan can reasonably be anticipated to be repaid from the proceeds of the
				authority-aided or a federally-aided mortgage loan. If the requirements in this
				subrule are met, the executive director may issue, on behalf of the authority,
				a commitment for a development fund loan to the applicant. The development fund
				loan commitment must contain terms, conditions, and requirements as deemed
				necessary by the executive director.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Michigan State Housing Development Authority - General Rules › Part 3 - DEVELOPMENT FUND LOANS AND FEASIBLE PROJECTS › Section R. 125.133 - Determinations of feasibility and authorization of loans

Current through Vol. 24-12, July 15, 2024
Rule 133.
(1) The
				authority shall review the analysis and recommendation for applications for a
				determination that a proposed housing project is feasible and applications for
				development fund loans in the principal amount of $250,000 or more, and, if it
				determines that the application meets the requirements of the act and these
				rules and is consistent with the authority's processing and under-writing
				procedures and guidelines, by resolution, the authority may determine that the
				proposed housing project is a feasible housing project or authorize a
				development fund loan to the applicant, or both.
(2) For applications for a determination that
				a proposed housing project is feasible, the resolution must include all of the
				following determinations by the authority:
(a)
				The proposed housing project will provide housing for persons of low- and
				moderate-income or will serve and improve the residential area in which
				authority financed housing is located or is planned to be located thereby
				enhancing the viability of such housing.
(b) The applicant is reasonably expected to
				be able to achieve successful completion of the proposed housing
				project.
(c) The proposed housing
				project will meet a social need in the area where it will be located.
(d) A mortgage loan, or a mortgage loan not
				made by the authority that is a federally-aided mortgage, can reasonably be
				anticipated to be obtained to provide financing for the proposed housing
				project.
(e) The proposed housing
				project is a feasible housing project.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Michigan State Housing Development Authority - General Rules › Part 3 - DEVELOPMENT FUND LOANS AND FEASIBLE PROJECTS › Section R. 125.134 - Priorities for allocation of development fund money

Current through Vol. 24-12, July 15, 2024
Rule 134. Priorities for allocation of money in the housing
				  development fund available for development fund loans may be established and
				  revised by the authority. Priorities are based on criteria established by the
				  authority as best effectuating the purposes of the act including, without
				  limitation, a determination by the authority of an area's need for housing for
				  individuals of low- and moderate-income as compared to the authority's
				  determination of the overall housing needs of the state.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Michigan State Housing Development Authority - General Rules › Part 4 - MORTGAGE LOANS › Section R. 125.141 - Multifamily mortgage loan applications

Current through Vol. 24-12, July 15, 2024
Rule 141. An application for a mortgage loan must include
				  information, and where required by the authority staff, supporting materials,
				  and evidence, with respect to all of the following:
(a) The status of the applicant as an
				eligible applicant.
(b) The site of
				the proposed housing project, including location, dimensions, ownership,
				present zoning, present use and occupancy, and relocation requirements as to
				present occupants; present on-site improvements, such as streets, utilities,
				and structures; status of off-site utilities and streets; present property
				taxes and assessments; utility charges; liens or other charges on the land; and
				all physical characteristics of the site that may affect
				construction.
(c) The status and
				characteristics of the proposed housing project, including number and size of
				dwelling units; type of occupancy, including ownership, rental, or cooperative;
				rehabilitation or new construction; building type; federally-aided mortgage or
				otherwise; and social, recreational, commercial, and communal facilities
				proposed to serve and improve the residential area in which the proposed
				housing is or is to be located.
(d)
				Identity and qualifications of the design architect, supervisory architect,
				applicant's attorney, housing consultant, general contractor, marketing or
				sales agent, and management agent.
(e) Architectural drawings and
				specifications, site plan, schedule of construction costs, reports of soil
				tests or engineering studies performed, and evidence of approval of the
				architectural drawings, specifications, and site plan by governmental bodies
				having jurisdiction.
(f) Proposed
				marketing plan reports of market surveys or analyses, schedule of proposed
				rents, occupancy charges or sale prices, proposed operating budget, proposed
				management plan, proposed relocation plan and cost analysis, schedule of the
				proposed uses of the requested mortgage loan and the amounts to be allocated to
				each such use including the applicant's equity investment, where applicable,
				and a proposed construction schedule.
(g) The applicant's compliance with, and the
				fulfillment of, the terms and conditions of any prior determination by the
				authority that the proposed housing project is a feasible housing
				project.
(h) The applicant's
				proposed plans for compliance with the nondiscrimination provisions of section
				46 of the act, MCL
				125.1446, and the proposed
				affirmative action plans for minority group employment in construction of the
				proposed housing project.
(i) Other
				matters as to the proposed housing project, the applicant, and other parties
				involved in the housing project as the authority staff and the executive
				director may require.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Michigan State Housing Development Authority - General Rules › Part 4 - MORTGAGE LOANS › Section R. 125.142 - Processing and evaluation of applications

Current through Vol. 24-12, July 15, 2024
Rule 142.
(1) An
				application for a mortgage loan must be processed by the authority staff on the
				basis of the authority's processing and underwriting procedures and guidelines.
				The authority staff shall undertake land appraisals, market surveys and
				analyses, reviews of the architectural design, site plan, and construction
				costs, materials and methods, and other matters as may be determined to be
				appropriate to ensure that the proposed housing project is consistent with the
				authority's processing and underwriting procedures and guidelines.
(2) An applicant may be required to furnish
				the authority staff with supplementary information and to amend the application
				to cause the proposed housing project to be consistent with the authority's
				processing and underwriting procedures and guidelines.
(3) Except as provided for in
				R 125.143(3), upon
				completion of the processing and approval of the application by the executive
				director, the authority staff's analysis of the application and the executive
				director's recommendation shall be presented to the
				authority.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Michigan State Housing Development Authority - General Rules › Part 4 - MORTGAGE LOANS › Section R. 125.143 - Authorization of mortgage loans

Current through Vol. 24-12, July 15, 2024
Rule 143.
(1) The
				authority shall review each analysis and recommendation and, if it determines
				that the application meets the requirements of the act and these rules and is
				consistent with the authority's processing and underwriting procedures and
				guidelines, by resolution, it may authorize a mortgage loan to the applicant.
				The resolution may authorize the executive director to issue a separate
				authority mortgage loan commitment to the applicant with respect to the
				proposed housing project.
(2) The
				resolution must include all of the following authority determinations:
(a) The applicant is an eligible
				applicant.
(b) The proposed housing
				project will provide housing for persons of low- and moderate-income or will
				serve and improve the residential area in which authority-financed housing is
				located or is planned to be located, thereby enhancing the viability of the
				housing. In the case of a loan being made pursuant to section
				44a(2) of the
				act, MCL 125.1444a, the loan may be made
				without regard to the income of the owner or occupants if the housing project
				is located in an area of chronic economic distress as that term is defined in
				section 11 of the act, MCL
				125.1411, or if the housing
				project constitutes moderate cost residential rental property located elsewhere
				in the state.
(c) The applicant is
				reasonably expected to be able to achieve successful completion of the proposed
				housing project.
(d) The proposed
				housing project will meet a social need in the area in which it is to be
				located.
(e) The proposed housing
				project may reasonably be expected to be marketed successfully.
(f) All elements of the proposed housing
				project, including, without limitation, the ownership, design, construction,
				occupancy, management, and operation thereof, have been established in a manner
				consistent with the authority's processing and underwriting procedures and
				guidelines, except as to any such elements as are the subject of conditions as
				to the authorization of the mortgage loan as provided in
				R 125.144.
(g) In light of the estimated project cost of
				the proposed housing project, the amount of the mortgage loan authorized by a
				resolution is consistent with the requirements of the act as to the maximum
				limitation on the ratio of mortgage loan amount to estimated project
				cost.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Michigan State Housing Development Authority - General Rules › Part 4 - MORTGAGE LOANS › Section R. 125.144 - Conditions and special determinations in authorizations

Current through Vol. 24-12, July 15, 2024
Rule 144. A resolution of the authority authorizing a
				  mortgage loan or a mortgage loan commitment of the authority, the issuance of
				  which is authorized by the resolution, must include conditions that the
				  authority considers appropriate with respect to the commencement of
				  construction of the proposed housing project, the marketing and occupancy of
				  the housing project and the use, disbursement, and repayment of the mortgage
				  loan authorized. A resolution or mortgage loan commitment may include a
				  financial analysis of the subject housing project, which must establish the
				  initial schedule of rents or occupancy charges, the approved budget for
				  operation of the housing project, and the schedule of uses of the proceeds of
				  the mortgage loan. A resolution authorizing a mortgage loan to an applicant
				  that is a limited dividend housing corporation or limited dividend housing
				  association must include a determination of the maximum reasonable and proper
				  rate of return on the investment of the applicant in the proposed housing
				  project, which determination must be made upon a consideration of the then
				  existing conditions in the housing industry and financial markets and rates of
				  return then prescribed by other governmental agencies and applicable federal
				  programs.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Michigan State Housing Development Authority - General Rules › Part 4 - MORTGAGE LOANS › Section R. 125.145 - Priorities for allocation of monies for mortgage loans

Current through Vol. 24-12, July 15, 2024
Rule 145. Priorities for allocation of authority money
				  available for mortgage loans may be established and revised by the authority.
				  Priorities are based on criteria established by the authority as best
				  effectuating the purposes of the act, including, without limitation, a
				  determination by the authority of an area's need for housing for individuals
				  with low- and moderate-income as compared to the authority's determination of
				  the overall housing needs of the state.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Michigan State Housing Development Authority - General Rules › Part 4 - MORTGAGE LOANS › Section R. 125.146 - Single Family mortgage loans

Current through Vol. 24-12, July 15, 2024
Rule 146.
(1) An
				application by an individual for a mortgage loan for long-term financing of a
				housing unit to be purchased by the individual must include information, and
				where required by the authority staff, supporting materials and evidence with
				respect to all of the following:
(a) The
				eligibility of the applicant.
(b)
				The eligibility of the housing unit proposed to be purchased.