reglab/statecodes huggingface dataset:
Michigan Administrative Code › Department - Technology Management and Budget › State Employees' Retirement Board › State Employees Retirement Board › Part II - PROCEDURAL RULES › Section R. 38.29 - Refiling an application

Current through Vol. 24-12, July 15, 2024
Rule 29.
(1) Except as provided in subrule (3) of this rule, if an individual files an application that concerns a matter that has already been considered and denied by the staff of the retirement system and a timely request for hearing was not made, then the application shall not be considered and the individual shall be notified accordingly.
(2) Except as provided in subrule (4) of this rule, if an individual files an application that concerns a matter that has already been considered and denied by the board, the application shall not be considered and the individual shall be notified accordingly.
(3) If an individual's previous application for a disability retirement, as provided for in MCL 38.21 and 38.24 of the act, is denied by the staff of the retirement system and the individual did not make a timely request for hearing, then the individual may file a reapplication only if the individual did not terminate his or her employment in a position covered by the act and either worked after the denial and before the reapplication or was off work with the approval of his or her employer.
(4) If an individual's previous application for a disability retirement, as provided for in MCL 38.21 and 38.24 of the act, is denied by the board, then the individual may only file a reapplication if the individual did not terminate his or her employment in a position covered by the act and either worked after the denial and before the reapplication or was off work with the approval of his or her employer.
Michigan Administrative Code › Department - Technology Management and Budget › State Employees' Retirement Board › State Employees Retirement Board › Part II - PROCEDURAL RULES › Section R. 38.30 - Documentary evidence

Current through Vol. 24-12, July 15, 2024
Rule 30. If the staff of the retirement system denies an application, and the applicant timely requests a hearing, then the staff of the retirement system shall provide a copy of its administrative record and notification to the applicant. The applicant shall have 30 days to file any additional documents that he or she wants the staff of the retirement system to consider.
Michigan Administrative Code › Department - Technology Management and Budget › State Employees' Retirement Board › State Employees Retirement Board › Part II - PROCEDURAL RULES › Section R. 38.31 - Notarized signatures

Current through Vol. 24-12, July 15, 2024
Rule 31. The board shall determine whether a signature shall be notarized on a form used by the retirement system. A notarized signature is presumed to represent the signature of the individual whose name it purports to be.
Michigan Administrative Code › Department - Technology Management and Budget › State Employees' Retirement Board › State Employees Retirement Board › Part III - RETIREMENT/PENSION RULES › Section R. 38.32 - Medical advisor's opinion

Current through Vol. 24-12, July 15, 2024
Rule 32. The opinion of an individual's treating physician shall not be given more weight than the opinion of the medical advisor with regard to an application for a disability retirement under MCL 38.21 and 38.24 of the act solely based on the relative length of time these physicians have spent examining an individual or because the medical advisor's review was based on an examination of the individual's medical records.
Michigan Administrative Code › Department - Technology Management and Budget › State Employees' Retirement Board › State Employees Retirement Board › Part III - RETIREMENT/PENSION RULES › Section R. 38.33 - Reasonable medical treatment

Current through Vol. 24-12, July 15, 2024
Rule 33. An individual shall pursue all reasonable medical treatment for the injury or disease that is the basis for his or her application for duty or non-duty disability as provided by MCL 38.21 and 38.24 of the act.
Michigan Administrative Code › Department - Technology Management and Budget › State Employees' Retirement Board › State Employees Retirement Board › Part III - RETIREMENT/PENSION RULES › Section R. 38.34 - Duty disability

Current through Vol. 24-12, July 15, 2024
Rule 34. An application for duty disability filed under MCL 38.21 of the act shall be denied if the personal injury or disease that is the basis for the application was any of the following:
(a) A personal injury or illness, which existed before becoming a member.
(b) The aggravation of a personal injury or illness, which existed before becoming a member.
(c) A personal injury or illness, which arose while the applicant was a member but was not proximately caused by the member's employment.
Michigan Administrative Code › Department - Technology Management and Budget › State Employees' Retirement Board › State Employees Retirement Board › Part III - RETIREMENT/PENSION RULES › Section R. 38.35 - Medical examination

Current through Vol. 24-12, July 15, 2024
Rule 35.
(1) For purposes of deciding eligibility for disability retirement under MCL 38.21 and 38.24 of the act, a medical examination conducted by 1 or more medical advisors means either a personal medical examination of the member or a review of the application and medical records of the member.
(2) If an applicant for a disability retirement under MCL 38.21 or MCL 38.24 of the act fails to submit to a reasonable medical examination requested by the system, the application shall be denied.
Michigan Administrative Code › Department - Technology Management and Budget › State Employees' Retirement Board › State Employees Retirement Board › Part III - RETIREMENT/PENSION RULES › Section R. 38.36 - Other decisions not binding

Current through Vol. 24-12, July 15, 2024
Rule 36. The board is not bound by a determination of disability issued by any other state or federal agency or private entity when the board is determining whether a member is entitled to a disability retirement provided by MCL 38.21 or 38.24 of the act.
Michigan Administrative Code › Department - Technology Management and Budget › State Employees' Retirement Board › State Employees Retirement Board › Part III - RETIREMENT/PENSION RULES › Section R. 38.37 - Disability application

Current through Vol. 24-12, July 15, 2024
Rule 37.
(1) An individual who seeks a duty or non-duty disability retirement allowance, as provided in MCL 38.21 and 38.24 of the act, shall do both of the following:
(a) File an application on a form provided by the retirement system, including the names and addresses of all the applicant's health care providers and the date of treatment.
(b) Execute all necessary authorizations to disclose health information which permits the retirement system, or its agents, to obtain and review all health information that relates in any way to the basis for the claimed disability. The health information shall include what was created before, contemporaneously with, and subsequent to the date of the alleged injury or disease that is related to the medical condition.
Michigan Administrative Code › Department - Technology Management and Budget › State Employees' Retirement Board › State Employees Retirement Board › Part III - RETIREMENT/PENSION RULES › Section R. 38.38 - Suspension of retirement allowance

Current through Vol. 24-12, July 15, 2024
Rule 38. The retirement allowance of a retirant shall be suspended during any time period that the retirant returns to work in a position covered by the act unless the retirement allowance resulted from a bona fide termination of employment.
Michigan Administrative Code › Department - Technology Management and Budget › State Employees' Retirement Board › State Employees Retirement Board › Part III - RETIREMENT/PENSION RULES › Section R. 38.39 - Disability retirement

Current through Vol. 24-12, July 15, 2024
Rule 39.
(1) To receive a disability retirement under MCL 38.21 of the act, the member shall prove by a preponderance of the evidence that on or before the termination of his or her employment, he or she was totally incapacitated and that such incapacity was probably permanent.
(2) To receive a disability retirement under MCL 38.24 of the act, the member shall prove by a preponderance of the evidence that on or before the termination of his or her employment, he or she was totally incapacitated and that such incapacity was likely to be permanent.
(3) For purposes of MCL 38.21 and 38.24 of the act, the board shall not retire a member if the member can perform any job for which the member has experience, training, or education. If the board determines that a member is not mentally or physically totally incapacitated for further performance of duty or that a member's total incapacity is not probably permanent, the retirement system does not have the obligation to find employment for a member.
Michigan Administrative Code › Department - Technology Management and Budget › State Employees' Retirement Board › State Employees Retirement Board › Part III - RETIREMENT/PENSION RULES › Section R. 38.40 - Social security estimate

Current through Vol. 24-12, July 15, 2024
Rule 40. If a member elects the equated payment under MCL 38.20(2) of the act, the estimated social security primary insurance amount shall be based on an estimate of the age 65 social security benefit obtained by the member from the social security administration and provided by the member to the staff of the retirement system. This social security estimate shall be used to actuarially adjust the retirement allowance to provide an increased retirement allowance payable up to age 65 irrespective of when the retirant begins to draw social security. The retirement allowance shall be reduced at age 65 by the social security estimate amount the retired member provided at the time of retirement.
Michigan Administrative Code › Department - Technology Management and Budget › State Employees' Retirement Board › State Employees Retirement Board › Part III - RETIREMENT/PENSION RULES › Section R. 38.41 - Survivor benefit; equated pension

Current through Vol. 24-12, July 15, 2024
Rule 41. For purposes of this rule, the equated pension, as described in MCL 38.20(2) of the act, refers to the benefit before and after the retirant's attainment of age 65. If a member elects a survivor option, as provided in MCL 38.31(1) of the act, the member's retirement allowance shall be adjusted accordingly. If the member also elects to receive such a retirement allowance as an equated payment under MCL 38.20(2) of the act, then the resulting retirement allowance shall be paid until the retirant's death. Upon the retirant's death, the retirement allowance shall be adjusted to cancel the effect of electing the equated payment.
Michigan Administrative Code › Department - Technology Management and Budget › State Employees' Retirement Board › State Employees Retirement Board › Part III - RETIREMENT/PENSION RULES › Section R. 38.42 - Service credit toward retirement

Current through Vol. 24-12, July 15, 2024
Rule 42.
(1) Under MCL 38.1i(1) of the act all of the following shall apply:
(a) Years of service are credited in accordance with the state fiscal year.
(b) The maximum service credited on the payroll end date of any state biweekly pay period is 80 hours.
(c) The maximum service credited in a fiscal year is 1.0000 which is equivalent to 2,080 hours.
(d) A maximum of 26 biweekly pay periods of 80 hours shall be credited in a fiscal year. Proportionate service credit shall be awarded for payrolls reported on a frequency other than a biweekly pay period. A part-time employee earns service credit in proportion to the hours worked within that pay period.
(e) Only regular hours are counted for service credit and overtime hours shall not count towards creditable service.
Michigan Administrative Code › Department - Technology Management and Budget › State Employees' Retirement Board › State Employees Retirement Board › Part III - RETIREMENT/PENSION RULES › Section R. 38.43 - Layoff; eligibility for purchase of buy-in credit; refund repay; resuming tax deferred payment (TDP) agreement

Current through Vol. 24-12, July 15, 2024
Rule 43. For up to 1 calendar year after the effective date of a layoff, the individual laid off may purchase buy-in credit, repay a refund and, if returned to work, resume TDP payments on an existing agreement. If a layoff extends beyond a 1-year period, then the laid-off individual ceases to be eligible to purchase buy-in credit, repay a refund or, if returned to work, resume TDP payments on an existing agreement, unless the member demonstrates a continued employer-employee relationship as determined by the staff of the retirement system.
Michigan Administrative Code › Department - Technology Management and Budget › State Employees' Retirement Board › State Employees Retirement Board › Part III - RETIREMENT/PENSION RULES › Section R. 38.44 - Ten-year service requirement

Current through Vol. 24-12, July 15, 2024
Rule 44.
(1) An applicant for a disability allowance provided in MCL 38.24 of the act shall meet the 10-year requirement only under either of the following conditions:
(a) If the applicant has 10 years or more of service credit in a position covered by the act.
(b) If the applicant has 10 years or more of service credit when the applicant's service credit as an employee in a position covered by the act is combined with the service credit received under MCL 38.17, 17a, 17b, 17c, 17d, 17l or 17n of the act.
Michigan Administrative Code › Department - Technology Management and Budget › State Employees' Retirement Board › State Employees Retirement Board › Part III - RETIREMENT/PENSION RULES › Section R. 38.45 - Eligible domestic relations order

Current through Vol. 24-12, July 15, 2024
Rule 45.
(1) An eligible domestic relations order issued under the eligible domestic relations order act, MCL 38.1701, shall be drafted in conformity with applicable law and a true or certified copy filed with the staff of the retirement system before the effective date of the member's retirement.
(2) If the staff of the retirement system rejects an eligible domestic relations order as not in conformity with the applicable law, then a true or certified copy of an amended eligible domestic relations order that conforms with applicable law shall be filed with the staff of the retirement system before the effective date of the member's retirement.
Michigan Administrative Code › Department - Technology Management and Budget › State Employees' Retirement Board › State Employees Retirement Board › Part III - RETIREMENT/PENSION RULES › Section R. 38.46 - Domestic relations order

Current through Vol. 24-12, July 15, 2024
Rule 46.
(1) A domestic relations order, as defined in MCL 38.1702(c), shall be drafted in conformity with applicable law and filed with the staff of the retirement system before the member's death.
(2) If the staff of the retirement system rejects a domestic relations order as not in conformity with the applicable law, then a true or certified copy of an amended domestic relations order that conforms with applicable law shall be filed with the staff of the retirement system before the member's death.
Michigan Administrative Code › Department - Technology Management and Budget › State Employees' Retirement Board › State Employees Retirement Board › Part III - RETIREMENT/PENSION RULES › Section R. 38.47 - Duty; non-duty

Current through Vol. 24-12, July 15, 2024
Rule 47. If a member requests a duty disability and the member has more than 10 years of credited service, then the staff of the retirement system shall review the application to determine if the member qualifies for either a duty or non-duty disability retirement allowance. If the staff of the retirement system denies the application for a duty disability, but recommends approval of the application for non-duty disability, then the board shall not consider the application for non-duty disability until after the expiration of the 60-day notice provided in R 38.24(1).
Michigan Administrative Code › Department - Technology Management and Budget › State Employees' Retirement Board › State Employees Retirement Board › Part III - RETIREMENT/PENSION RULES › Section R. 38.48 - Payment of retirement allowance

Current through Vol. 24-12, July 15, 2024
Rule 48. A retirement allowance provided for in MCL 38.19, 19a, 19b, 19c and 19d of the act shall not be paid for any period of time before the date that the application is filed with the board.
Michigan Administrative Code › Department - Technology Management and Budget › State Employees' Retirement Board › State Employees Retirement Board › Part III - RETIREMENT/PENSION RULES › Section R. 38.49 - Retirement allowance; overpayment

Current through Vol. 24-12, July 15, 2024
Rule 49.
(1) If the retirement system pays a retirant or beneficiary more in a retirement allowance than he or she is entitled to receive, the retirement system shall do both of the following:
(a) Pursuant to MCL 38.41, immediately correct the error, notify the retirant or beneficiary of the correction of the error and provide the retirant or beneficiary with his or her correct retirement allowance.
(b) Not recover any overpayment to a retirant or beneficiary for those payments which the retirant or beneficiary received more than 6 years prior to the date of the notification to the retirant or beneficiary of the error by the retirement system except in each of the following situations when the retirement system shall recover the full amount of the overpayment:
(i) If the member, retirant, or beneficiary misrepresented the information provided to the retirement system and the retirement system calculated the retirement allowance based upon that incorrect information.
(ii) If the member, retirant, or beneficiary knew or should have known of the error and did not notify the retirement system of the error so that the retirement system could correct it.
(iii) If the annual retirement allowance which the retirant or beneficiary received was greater than the retirant's final average compensation.
Michigan Administrative Code › Department - Technology Management and Budget › State Employees' Retirement Board › State Employees Retirement Board › Part III - RETIREMENT/PENSION RULES › Section R. 38.50 - Retirement allowance; underpayment

Current through Vol. 24-12, July 15, 2024
Rule 50.
(1) If the retirement system pays a retirant or beneficiary less in a retirement allowance than he or she is entitled to receive, then the retirement system shall do both of the following:
(a) Pursuant to MCL 38.41, immediately correct the error, notify the retirant or beneficiary of the correction of the error and provide the retirant or beneficiary with his or her correct retirement allowance.
(b) At the election of the retirant or beneficiary, pay the underpayment in a lump sum or the actuarial equivalent.
Michigan Administrative Code › Department - Technology Management and Budget › State Employees' Retirement Board › State Employees Retirement Board › Part IV - DECLARATORY RULING › Section R. 38.51 - Declaratory ruling

Current through Vol. 24-12, July 15, 2024
Rule 51.
(1) Any interested person may request a declaratory ruling from the board as provided by MCL 24.263 of the APA.
(2) A request for declaratory ruling shall consist of all of the following:
(a) Be in the form of a sworn statement.
(b) State the nature and purpose for the request.
(c) Contain a clear and concise statement of the actual state of facts upon which the ruling is requested.
(d) State the statute, rule, or order administered by the board that applies.
(e) Contain a statement establishing the relationship between the person requesting the ruling and the statute, rule, or order that applies.
(f) Contain the requested proposed ruling.
Michigan Administrative Code › Department - Transportation › Aeronautics Commission › Aeronautics Commission General Rules › Part 1 - GENERAL PROVISIONS › Section R. 259.201 - Definitions

Current through Vol. 24-12, July 15, 2024
Rule 201.
(1) As used in these rules:
(a) "Airport license" means certificate of approval as authorized in section 86(2) of Act No. 327 of the Public Acts of 1945, as amended, being S259.86(2) of the Michigan Compiled Laws.
(b) "Commission" means the Michigan aeronautics commission.
(c) "Data plate" means the engraved metal plate attached by an aircraft manufacturer which contains the make, model, and serial number of the aircraft for registration.
(d) "Dealer" means a person who negotiates the purchase, sale, or exchange of aircraft or aircraft parts that are legally required to be registered or who represents himself or herself as being engaged in the purchase, sale, brokerage, or exchange of such aircraft or registered parts thereof.
(e) "Dealer's license" means a license issued to dealers or manufacturers pursuant to R 259.223(3) and R 259.371 to R 259.377, which allows a dealer to obtain transferable general registration numbers for aircraft in inventory.
(f) "Established place of business" means the place actually occupied, either continuously or at regular periods, by a dealer or manufacturer, where books and records are kept, and where a substantial share of business is transacted.
(g) "General registration number" means a distinct registration certificate and decal plates for each aircraft owned or controlled by a dealer or manufacturer.
(h) "Purchaser" means a person who buys or leases, or otherwise receives possession of, an aircraft, including a bailee or assignee.
(i) "Registered part" means a part of an aircraft which contains the aircraft data plate.
(j) "Sales tax license" means the written authorization granted by the Michigan department of treasury according to the provisions of Act No. 122 of the Public Acts of 1941, as amended, being S205.1 et seq. of the Michigan Compiled Laws, which govern the sales of tangible personal property in the state.
Michigan Administrative Code › Department - Transportation › Aeronautics Commission › Aeronautics Commission General Rules › Part 2 - LICENSES AND REGISTRATION › Section R. 259.226 - Inspections

Current through Vol. 24-12, July 15, 2024
Rule 226. Personnel of the commission, licensed airport managers and their assistants, the Michigan state police, and other law enforcement agencies authorized to enforce the Michigan aeronautics code, the rules and regulations adopted thereunder, and federal aviation laws, shall be permitted at any time and place to make such inspection as deemed necessary to determine compliance with the Michigan aeronautics code and these rules and regulations.
Michigan Administrative Code › Department - Transportation › Aeronautics Commission › Aeronautics Commission General Rules › Part 4 - AIRPORT CLASSIFICATION › Section R. 259.241 - Scope

Current through Vol. 24-12, July 15, 2024
Rule 241. This part prescribes the minimum airport facilities required for the granting of a license to operate a public use airport as provided by 1945 PA 327, MCL 259.1 et seq. Licensed public use airports shall be included on the Michigan aeronautical charts and other aviation publications made available to the public.
Michigan Administrative Code › Department - Transportation › Aeronautics Commission › Aeronautics Commission General Rules › Part 4 - AIRPORT CLASSIFICATION › Section R. 259.243 - Basic utility airports

Current through Vol. 24-12, July 15, 2024
Rule 243. A basic utility airport shall meet all of the following requirements:
(a) Have an airport manager licensed by the commission.
(b) Contain a runway that has a 1,200-foot landing length in each direction from a clear approach slope of 20 to 1. Unpaved runways shall have a minimum width of 50 feet with an additional 25 feet minimum width on each side clear of obstructions. Paved runways shall have a minimum width of 40 feet with an additional 30 feet minimum width on each side clear of obstructions.
(c) Maintain a state primary surface for each runway clear of all obstructions. The state primary surface shall be not be less than 100 feet wide, but not less than the width of the runway.
(d) Maintain a state approach surface that extends outward and upward from the end of the state primary surface for a distance of 5,000 feet. The shape of the state approach surface is rectangular with a minimum width of 100 feet and a length of 5,000 feet. The width of the state approach surface shall be at least as wide as the width of the runway. The state approach surface extends for a horizontal distance of 5,000 feet at a slope of 20 to 1 including 15 feet of clearance over roads, 17 feet of clearance over interstate highways, 23 feet of clearance over railroads, and 25 feet of clearance over property lines. The state approach surface begins at the runway end for unpaved runways. If an object penetrates the state approach surface, the landing threshold shall be displaced to a point where a clear 20 to 1 approach slope can be maintained.
(e) Establish a permanent monument located on the centerline at or beyond each end of the runway.
(f) Maintain a clearly marked automobile parking area.
(g) Maintain an itinerant aircraft parking area.
(h) Maintain a clearly marked entrance from a public road.
(i) Paved runways shall have centerline marking and runway numbering conforming to the published standards of the federal aviation administration.
(j) Unpaved runways marked in accordance with commission standards.
(k) Maintain a windcone.
(l) Airports that have right traffic patterns shall have a segmented circle that has traffic pattern indicators.
(m) Runway lighting, if available for public use, shall conform to federal aviation administration standard color and layout in accordance with FAA Advisory Circular 150/5340-24 dated September 3, 1975, which is adopted by reference in these rules. Printed copies of FAA Advisory Circular 150/5340-24 are available for inspection and distribution to the public free of charge at the office of the Michigan Department of Transportation, Bureau of Aeronautics, 2700 East Airport Service Drive, Lansing, Michigan 48906. Printed copies of FAA Advisory Circular 150/5340-24 are also available, free of charge, from the United States Department of Transportation, 800 Independence Avenue, Washington, D.C. 20591.
Michigan Administrative Code › Department - Transportation › Aeronautics Commission › Aeronautics Commission General Rules › Part 4 - AIRPORT CLASSIFICATION › Section R. 259.244 - General utility airports

Current through Vol. 24-12, July 15, 2024
Rule 244.
(1) A general utility airport shall meet all of the following requirements:
(a) Have an airport manager licensed by the commission.
(b) Contain a runway that has a 1,800-foot landing length in each direction from a clear approach slope of 20 to 1. Unpaved runways shall have a minimum width of 100 feet. Paved runways shall have a minimum width of 40 feet.
(c) Maintain a state primary surface for each runway clear of all obstructions. The state primary surface shall be not less than 250 feet wide.
(d) Maintain a state approach surface for each runway end that extends outward and upward from the end of the state primary surface for a distance of 5,000 feet. The shape of the approach surface is a trapezoid that has a width of 250 feet at the end of the primary surface and expands uniformly to a width of 1,250 feet. The state approach surface extends for a horizontal distance of 5,000 feet at a slope of 20 to 1, including 15 feet of clearance over roads, 17 feet of clearance over interstate highways, 23 feet of clearance over railroads, and 25 feet of clearance over property lines. The state approach surface begins at the runway end for unpaved runways. If an object penetrates the state approach surface, the landing threshold shall be displaced to a point where a clear 20 to 1 approach slope can be maintained.
(e) Contain a permanent monument located on the centerline at or beyond each end of the runway.
(f) Maintain a clearly marked automobile parking area.
(g) Maintain a clearly marked entrance from a public road.
(h) Paved runways shall have centerline marking and runway numbering conforming to the published standards of the federal aviation administration.
(i) Unpaved runways marked in accordance with commission standards.
(j) Any crosswind runways shall meet minimum requirements for a basic utility runway.
(k) Maintain a lighted windcone.
(l) Runway lighting shall be available from sunset to sunrise daily. Lighting configuration shall conform to federal aviation administration standard color and layout in accordance with FAA Advisory Circular 150/5340-24, dated September 3, 1975, which is adopted by reference in these rules. Printed copies of FAA Advisory Circular 150/5340-24 are available for inspection and distribution to the public free of charge at the office of the Michigan Department of Transportation, Bureau of Aeronautics, 2700 East Airport Service Drive, Lansing, Michigan 48906. Printed copies of the FAA Advisory Circular 150/5340-23 are also available, free of charge, from the United States Department of Transportation, 800 Independence Avenue, Washington, D.C. 20591.
(m) Airports that have right traffic patterns shall have a segmented circle that has traffic pattern indicators.
Michigan Administrative Code › Department - Transportation › Aeronautics Commission › Aeronautics Commission General Rules › Part 4 - AIRPORT CLASSIFICATION › Section R. 259.245 - Air carrier airports

Current through Vol. 24-12, July 15, 2024
Rule 245. The commission shall grant an air carrier airport license if both of the following minimum requirements are met:
(a) The airport employs an airport manager licensed by the commission.
(b) The airport has a valid airport operating certificate, or a limited airport operating certificate, issued by the Federal Aviation Administration.
Michigan Administrative Code › Department - Transportation › Aeronautics Commission › Aeronautics Commission General Rules › Part 4 - AIRPORT CLASSIFICATION › Section R. 259.247 - Heliports

Current through Vol. 24-12, July 15, 2024
Rule 247.
(1) A heliport shall meet all of the following requirements:
(a) Employ an airport manager licensed by the commission.
(b) Contain a length and width of the landing area of at least 1&frac12 times the length of the helicopter using the facility.
(c) Contain at least 2 heliport approach surfaces free of obstructions. The heliport approach surface begins at the end of the heliport landing area with the same width as the landing area, and extending outward and upward for a horizontal distance of 4,000 feet where its width is 500 feet. The slope of the approach surface is 8 to 1. Two of the heliport approach surfaces provided shall be located to provide that their centerlines form an arc of not less than 90 degrees at their intersection. Each heliport approach surface shall provide an area suitable for an emergency landing during takeoff, climb-out, and landing.
(d) If a heliport is located on an elevated structure or roof, then the heliport shall comply with local building and fire codes. The landing area shall be designed to support 1.5 times the maximum gross weight of the largest helicopter authorized to use the heliport. When applying for a license, the applicant shall file a certificate signed by a professional engineer registered in this state, certifying structural compliance of the heliport.
(e) Contain a windcone or means of identifying wind direction.
(f) Ground level heliports shall have operational areas fenced or marked with caution signs to prevent the inadvertent or unauthorized entry of persons or vehicles.
(g) Signs indicating a heliport. The signs shall be located on the heliport's perimeter.
(h) Maintain a clearly marked automobile parking area.
(i) Maintain an itinerant aircraft parking area.
(j) Maintain a clearly marked entrance from a public road.
(k) A telephone that is available to the public 24 hours daily on the heliport and the telephone's location clearly indicated.
(l) An administration building or terminal building with sanitary facilities available to the public.
Michigan Administrative Code › Department - Transportation › Aeronautics Commission › Aeronautics Commission General Rules › Part 4 - AIRPORT CLASSIFICATION › Section R. 259.248 - Unimproved airstrip airports

Current through Vol. 24-12, July 15, 2024
Rule 248.
(1) An unimproved airstrip public airport license shall be granted if all of the following minimum services and facilities are provided and maintained:
(a) Have an airport manager licensed by the commission.
(b) At least 1 runway equipped with a 1,200-foot landing length in each direction from a clear approach slope of 20:1 and a 50-foot usable width with an additional 25-foot minimum width on each side which is free of obstructions.
(c) An approach slope at a ratio of 20:1 with a width of not less than 100 feet. The approach slope shall be based on a clearance of all objects within the approach area, including a roadway clearance of 15 feet or 17 feet over an interstate highway and a railway clearance of 23 feet. Runway lights shall not be considered obstructions in the runway width required to be free of obstructions.
(d) A permanent monument established on the centerline at or beyond each end of the runway.
(e) A runway that is well defined by mowing, use of markers, or low peripheral farming with clearly marked displaced thresholds.
(f) A wind cone.
Michigan Administrative Code › Department - Transportation › Aeronautics Commission › Aeronautics Commission General Rules › Part 5 - LANDING AREA LICENSES AND APPROVALS › Section R. 259.251 - Approval of sites

Current through Vol. 24-12, July 15, 2024
Rule 251.
(1) Upon receipt of an application for a new public use airport, the commission shall cause the proposed airport site to be inspected, and shall examine both of the following:
(a) Plans and specifications as to all local conditions affecting the establishment and construction.
(b) Detailed requirements of state, local, and federal laws.
Michigan Administrative Code › Department - Transportation › Aeronautics Commission › Aeronautics Commission General Rules › Part 5 - LANDING AREA LICENSES AND APPROVALS › Section R. 259.252 - Location of facilities

Current through Vol. 24-12, July 15, 2024
Rule 252.
(1) Any facility, public or private, intended for the use of aircraft shall not be established, without prior commission approval, within 5 miles of a public use facility licensed by the commission.
(2) A facility shall not be licensed or approved which requires aircraft to be airborne under a bridge or power line during the approach to or take-off from a landing area, or requires an aircraft to fly in a manner that may endanger persons or property.
(3) The commission may refuse issuance of license or approval when the location of a proposed landing area is at or near an existing airport or is in proximity to a licensed landfill, a game refuge, fishery, or other refuge designated by the Department of Natural Resources or which would result in a finding of interference to air navigation under the Tall Structure Act (Act 259 of 1959, MCL 259.481 et seq.).
Michigan Administrative Code › Department - Transportation › Aeronautics Commission › Aeronautics Commission General Rules › Part 5 - LANDING AREA LICENSES AND APPROVALS › Section R. 259.253 - Airport name change

Current through Vol. 24-12, July 15, 2024
Rule 253. The official name of an airport, as designated in a license issued by the commission, shall not be changed unless written request is made by resolution of the governing body of the airport authorizing the name change.
Michigan Administrative Code › Department - Transportation › Aeronautics Commission › Aeronautics Commission General Rules › Part 5 - LANDING AREA LICENSES AND APPROVALS › Section R. 259.254 - Temporary field permits

Current through Vol. 24-12, July 15, 2024
Rule 254.
(1) If the owner of an aircraft uses, or proposes to use, an area or areas of land for temporary commercial operations, then the owner shall apply to the commission for a temporary field permit on forms furnished by the commission.
(2) The commission shall receive the application at least 14 days before the date of requested issuance, accompanied by a $50.00 fee.
(3) The commission shall inspect the area or areas and if the area meets the minimum requirements of a licensed public use aeronautical facility, then the commission may issue a temporary field permit for a period not to exceed 120 days.
(4) This rule shall not apply to facilities intended for the exclusive use of ultralights, balloons, or seaplanes.
Michigan Administrative Code › Department - Transportation › Aeronautics Commission › Aeronautics Commission General Rules › Part 8 - AIRPORT APPROACH STANDARDS › Section R. 259.281a - Approaches

Current through Vol. 24-12, July 15, 2024
Rule 281a. The commission shall review the proposed construction or alteration of objects which are or will be in the vicinity of a licensed airport and which may be hazardous to the flight of aircraft for conformance with the minimum approach requirements. The review shall consider existing and planned use of the facility.
Michigan Administrative Code › Department - Transportation › Aeronautics Commission › Aeronautics Commission General Rules › Part 8 - AIRPORT APPROACH STANDARDS › Section R. 259.282 - Objects of interference

Current through Vol. 24-12, July 15, 2024
Rule 282. A man-made structure, natural growth or other object that projects above the landing area or any of the airport referenced imaginary surfaces is considered an object of interference to air-navigation unless an aeronautical study reveals otherwise.
Michigan Administrative Code › Department - Transportation › Aeronautics Commission › Aeronautics Commission General Rules › Part 8 - AIRPORT APPROACH STANDARDS › Section R. 259.283 - Airport referenced imaginary surfaces

Current through Vol. 24-12, July 15, 2024
Rule 283. Airport referenced imaginary surfaces are established by reference to the airport as described in Act No. 259 of the Public Acts of 1959, as amended, being S259.481 et seq. of the Michigan Compiled Laws, and consist of all of the following:
(a) The approach surfaces.
(b) Inner horizontal surface.
(c) Conical surface.
(d) Transitional surfaces.
Michigan Administrative Code › Department - Transportation › Aeronautics Commission › Aeronautics Commission General Rules › Part 9 - AIRPORT HAZARDS › Section R. 259.291 - Applications

Current through Vol. 24-12, July 15, 2024
Rule 291.
(1) Application shall be made for a commission permit, unless otherwise authorized in these rules, before a structure, natural growth, or other object shall be erected, rebuilt, altered, allowed to grow or maintained within the areas described in R 259.292 and R 259.293, which will result in an object extending more than 500 feet above the highest point of land within a 1 mile radius from the object.
(2) No application shall be required for the emergency repair, alteration, or replacement of public utility structures, other than buildings when the height of such structures will not be increased. Any circumstances calling for immediate action or remedy in the repair, alteration, or replacement of public utility structures shall be deemed an emergency.
Michigan Administrative Code › Department - Transportation › Aeronautics Commission › Aeronautics Commission General Rules › Part 9 - AIRPORT HAZARDS › Section R. 259.292 - Zoning ordinances

Current through Vol. 24-12, July 15, 2024
Rule 292.
(1) In areas surrounding a public use airport for which zoning ordinances or resolutions have not been adopted by local units of government, no person shall erect, add to the height of, or replace any object within an area lying 500 feet on either side of the centerline of a runway or landing strip for a distance of 2 miles from the nearest boundary of a public use airport, which will result in an object extending higher than the height determined by the ratio of 20:1 between the nearest boundary of the airport and the object.
(2) In areas for which zoning ordinances or resolutions have been adopted by local units of government, no person shall erect, add to the height of, or replace an object except as authorized by the local zoning ordinance. Outside of locally zoned territory and within an area determined by the extensions of the approach surface and the transitional surface on the same slope ratios established under the local zoning ordinance or resolution, but not to exceed a slope ratio of 40:1 for the approach surface, or 7:1 for the transitional surface, to a point where the extended approach and transitional surfaces intersect the 500-foot level described in R 259.291, no object shall be erected, altered by increasing its height, or replaced until a permit therefor has been obtained from the commission.
Michigan Administrative Code › Department - Transportation › Aeronautics Commission › Aeronautics Commission General Rules › Part 9 - AIRPORT HAZARDS › Section R. 259.293 - Nonconforming structures and trees

Current through Vol. 24-12, July 15, 2024
Rule 293. These rules do not require removal, lowering, change, or alteration of a structure, vegetation, or other object not conforming to these rules as of their effective date. However, the owner of a nonconforming object shall without expense provide or permit installation, operation, and maintenance of markers and lights deemed necessary by the commission to indicate the presence of airport hazards. Where an airport hazard area exists in connection with a public use airport, the commission shall define and determine the airport hazard area and certify such determination to the political subdivision where the airport is located, and to the airport owner or operator.
Michigan Administrative Code › Department - Transportation › Aeronautics Commission › Aeronautics Commission General Rules › Part 9 - AIRPORT HAZARDS › Section R. 259.294 - Abatement of hazards

Current through Vol. 24-12, July 15, 2024
Rule 294. An encroachment upon an airport protection area arising out of the erection, rebuilding, alteration, growth, or maintenance of a structure, vegetation, or other object constitutes a public nuisance and may be abated.
Michigan Administrative Code › Department - Transportation › Aeronautics Commission › Aeronautics Commission General Rules › Part 9 - AIRPORT HAZARDS › Section R. 259.295 - Conflicting rules

Current through Vol. 24-12, July 15, 2024
Rule 295. If these rules conflict with other regulations applicable to the same area, whether the conflict is with respect to the height of structures, vegetation, or other objects, or any other matter, those limitations or requirements determined by the commission to be most conducive to airport and air travel safety shall prevail and govern.
Michigan Administrative Code › Department - Transportation › Aeronautics Commission › Aeronautics Commission General Rules › Part 10 - AIRPORT FIELD RULES › Section R. 259.304 - Supervision of running engines

Current through Vol. 24-12, July 15, 2024
Rule 304.
(1) An aircraft engine shall not be started unless a competent operator is in the aircraft attending the engine controls.
(2) Blocks equipped with ropes or other suitable means of removing the blocks shall always be placed in front of the wheels before starting the engine, unless the aircraft is equipped with adequate parking brakes and the brakes are effectively set.
(3) An aircraft shall be started and warmed up only in areas designated for such purposes.
Michigan Administrative Code › Department - Transportation › Aeronautics Commission › Aeronautics Commission General Rules › Part 10 - AIRPORT FIELD RULES › Section R. 259.307 - Towing

Current through Vol. 24-12, July 15, 2024
Rule 307. A pilot shall not tow anything by an aircraft unless authority for the operation has been issued in writing by the airport manager, and appropriate commission and federal waivers have been issued.
Michigan Administrative Code › Department - Transportation › Aeronautics Commission › Aeronautics Commission General Rules › Part 10 - AIRPORT FIELD RULES › Section R. 259.308 - Dropping of objects

Current through Vol. 24-12, July 15, 2024
Rule 308. The pilot of an aircraft shall not permit an object to be dropped from an aircraft in flight except upon written permission of the political subdivision having jurisdiction over the proposed act, and after full compliance is made with all applicable federal, state, and local laws and regulations. This rule does not prohibit aerial application operations such as seeding, spraying or dusting, where authorized by law, or acts performed in emergencies when it is necessary to lighten an aircraft in the interests of safety of the aircraft and its occupants.
Michigan Administrative Code › Department - Transportation › Aeronautics Commission › Aeronautics Commission General Rules › Part 11 - AIRPORT MANAGERS AND ASSISTANT AIRPORT MANAGERS › Section R. 259.311 - Appointment and licensing

Current through Vol. 24-12, July 15, 2024
Rule 311.
(1) The owner or operator of a licensed aeronautical facility in the state shall appoint an airport manager. The airport manager may designate an individual to fulfill the duties of the airport manager in his or her absence.
(2) The airport manager shall have, by appropriate resolution of the appointing political subdivision, power and authority to exercise the control over the aeronautical facility for the enforcement of federal, state, and local rules and regulations pertaining to the landing area and its use.
(3) An airport manager or assistant airport manager shall obtain a 70% passing grade on a test based on the Michigan Aeronautics Code and the rules and regulations of the commission. The commission shall furnish the tests.
Michigan Administrative Code › Department - Transportation › Aeronautics Commission › Aeronautics Commission General Rules › Part 11 - AIRPORT MANAGERS AND ASSISTANT AIRPORT MANAGERS › Section R. 259.312 - Responsibilities and duties

Current through Vol. 24-12, July 15, 2024
Rule 312. An airport manager and assistant manager shall do all of the following as necessary:
(a) Assist appropriate authorities in enforcement of this act and the rules promulgated under this act.
(b) Determine that all licensed aeronautical facility requirements for the class under which the site is licensed are maintained.
(c) Determine and take appropriate action to assure that all locally based commercial activities operating on the licensed aeronautical facility have appropriate licenses and registrations as issued by the appropriate state and federal agencies.
(d) Post local rules, traffic patterns, and noise abatement procedures, if any.
(e) File notice with the proper federal agency indicating any change in the aeronautical facility condition.
(f) Advise the commission of a proposed construction or zoning change adjacent to or near the licensed aeronautical facility that would affect air navigation safety or use.
(g) Advise sponsors of new and proposed construction of federal regulations pertaining to objects affecting navigable airspace.
Michigan Administrative Code › Department - Transportation › Aeronautics Commission › Aeronautics Commission General Rules › Part 14 - AIR TRAFFIC RULES › Section R. 259.344 - Aircraft lights

Current through Vol. 24-12, July 15, 2024
Rule 344.
(1) An aircraft in flight shall display position lights between the hours of official sunset and sunrise.
(2) An aircraft parked, moored, or otherwise stationed within any area of an airport used, or available, for night flight operations shall be clearly illuminated, unless the parking area is otherwise marked with lights clearly defining the boundaries of the area.
(3) An aircraft parked, moored, or otherwise stationed on water shall display a white anchor light, or position light.
Michigan Administrative Code › Department - Transportation › Aeronautics Commission › Aeronautics Commission General Rules › Part 15 - INTRASTATE COMMERCIAL OPERATIONS › Section R. 259.351 - Intrastate air commerce; compliance with federal regulations required; advance ticket sales surety bond

Current through Vol. 24-12, July 15, 2024
Rule 351.
(1) An operator engaging in intrastate air commerce, which is the carriage of persons or property in common carriage operations solely between points entirely within the state of Michigan, shall comply with all applicable federal regulations.
(2) Before commencing any operations, an owner shall furnish, to the Michigan aeronautics commission, satisfactory proof of a surety bond in the amount of $50,000.00 to cover any advance ticket sales.