reglab/statecodes huggingface dataset:
Michigan Administrative Code › Department - Military & Veteran's Affairs › Office of the Director and Adjutant General › State Homes for Veterans › Section R. 32.88 - Decision of governing board

Current through Vol. 24-12, July 15, 2024
Rule 18.
After the hearing and an opportunity to consider the evidence presented, the governing board may do any of the following:
(a) Affirm the home's decision.
(b) Make a finding that the home's decision be overturned.
(c) Enter into a written settlement of the matter with the applicant, member, or responsible party.
(d) Direct the home to provide the applicant, member, or responsible party with written notice of the opportunity to appeal the governing boards decision to the circuit court.
Michigan Administrative Code › Department - Military & Veteran's Affairs › Office of the Director and Adjutant General › Military Appeals Tribunal Procedures › Section R. 32.171 - Definitions

Current through Vol. 24-12, July 15, 2024
Rule 1. As used in these rules:
(a) "Act" means Act No. 523 of the Public Acts of 1980, being S32.1001 et seq. of the Michigan Compiled Laws.
(b) "Tribunal" means the military appeals tribunal established by the act.
Michigan Administrative Code › Department - Military & Veteran's Affairs › Office of the Director and Adjutant General › Military Appeals Tribunal Procedures › Section R. 32.172 - Transmittal of documents

Current through Vol. 24-12, July 15, 2024
Rule 2.
(1) All pleadings and other papers required to be filed with the Military Appeals Tribunal shall be mailed or delivered to the Military Appeals Tribunal, Department of Military and Veterans Affairs, 3411 N. Martin Luther King, Jr., Blvd., Lansing, MI 48906 and are not filed until received in such office.
(2) When the filing of any pleading or other paper is required to be served upon the State Judge Advocate General it shall be mailed to the State Judge Advocate General, Department of Military and Veterans Affairs 3411 N. Martin Luther King, Jr., Blvd., Lansing, MI 48906 and is not filed until received in such office.
Michigan Administrative Code › Department - Military & Veteran's Affairs › Office of the Director and Adjutant General › Military Appeals Tribunal Procedures › Section R. 32.173 - Computation of period of time

Current through Vol. 24-12, July 15, 2024
Rule 3. In computing any period of time prescribed or allowed by these rules, by order of the tribunal, or by any applicable statute, the day of the act, event, or default after which the designated period of time begins to run is not to be included. The last day of the period so computed is to be included, unless it is a Saturday, Sunday, or legal holiday, in which event the period runs until the end of the next day which is not a Saturday, Sunday, or a holiday. When the period of time prescribed or allowed is less than 7 days, intermediate Saturdays, Sundays, and legal holidays shall be excluded in the computation.
Michigan Administrative Code › Department - Military & Veteran's Affairs › Office of the Director and Adjutant General › Military Appeals Tribunal Procedures › Section R. 32.174 - Formal papers; verification; effect of signature

Current through Vol. 24-12, July 15, 2024
Rule 4. All formal papers shall be signed, shall be typewritten or printed, and shall show all of the following information with respect to the signor:
(a) Name, address, and telephone number.
(b) Military grade, if any.
(c) The capacity in which the paper is signed. Such signature constitutes a certificate that the statements made therein are true and correct to the best of the knowledge, information, and belief of the person signing the paper and that the paper is filed in good faith and not for purposes of unnecessary delay.
Michigan Administrative Code › Department - Military & Veteran's Affairs › Office of the Director and Adjutant General › Military Appeals Tribunal Procedures › Section R. 32.175 - Notice of appearance

Current through Vol. 24-12, July 15, 2024
Rule 5.
(1) Each appellate counsel shall file a written notice of appearance in the office of the state judge advocate general and with the tribunal.
(2) The filing of any pleading or other paper relative to a case in the office of the state judge advocate general which contains the signature of counsel constitutes notice of appearance for such counsel.
Michigan Administrative Code › Department - Military & Veteran's Affairs › Office of the Director and Adjutant General › Military Appeals Tribunal Procedures › Section R. 32.176 - Review

Current through Vol. 24-12, July 15, 2024
Rule 6. Under the act, the accused may petition the military appeals tribunal for review not more than 60 calendar days from the time of the receipt of actual notice of the final action on the accused's case. The petition for review shall be accompanied by a brief. Four typewritten or printed copies of the petition and brief shall be filed.
Michigan Administrative Code › Department - Military & Veteran's Affairs › Office of the Director and Adjutant General › Military Appeals Tribunal Procedures › Section R. 32.177 - Service of copy of petition for review and brief; default; rebuttal; filing of record with tribunal; amicus curiae brief

Current through Vol. 24-12, July 15, 2024
Rule 7.
(1) A copy of the petition for review and brief shall be served upon the state judge advocate general and trial counsel within the time limit prescribed in R 32.176.
(2) Within 28 days after service upon him or her of appellant's brief, the trial counsel shall file with the tribunal 4 typewritten or printed copies of his or her brief and shall serve, within the time prescribed in R 32.176, 1 copy on defense counsel.
(3) In the case of default by the trial counsel for failure to serve a brief in a timely manner, trial counsel shall have no right to oral argument, except upon order of the tribunal, and the tribunal may, after notice and opportunity to respond, make such other order or relief as it may deem appropriate, including awarding the appellant all or part of his or her requested relief.
(4) The appellant shall have 14 days from the date of service of appellee's brief to file and serve on appellee his or her brief in rebuttal, if any.
(5) Within 14 days after the accused's petition for review is filed with the tribunal, the state judge advocate general shall file the original and 3 copies of the record with the tribunal.
(6) An amicus curiae brief may be filed only by permission of the tribunal.
Michigan Administrative Code › Department - Military & Veteran's Affairs › Office of the Director and Adjutant General › Military Appeals Tribunal Procedures › Section R. 32.179 - Proof of service; filing

Current through Vol. 24-12, July 15, 2024
Rule 9. Proof of service of all petitions, pleadings, briefs, motions, and other documents filed with the tribunal shall be promptly filed with the tribunal.
Michigan Administrative Code › Department - Military & Veteran's Affairs › Office of the Director and Adjutant General › Military Appeals Tribunal Procedures › Section R. 32.180 - Oral argument

Current through Vol. 24-12, July 15, 2024
Rule 10.
(1) Oral argument shall be allowed in all cases.
(2) Each side shall be allowed not more than 30 minutes for oral argument, unless the time is extended by leave of the tribunal.
(3) The tribunal shall give appellate counsel not less than 14 days' notice of the time and place of oral arguments.
(4) The tribunal may limit the number of counsel making an oral argument. The appellant has the right to make opening and closing arguments.
(5) Failure of appellate counsel to appear at the time and place set for oral argument may be regarded as a waiver thereof and the tribunal may proceed to act on the case as submitted without argument or, in its discretion, may continue the case for argument at a later date.
(6) The accused may be present at his or her own expense.
Michigan Administrative Code › Department - Military & Veteran's Affairs › Office of the Director and Adjutant General › Military Appeals Tribunal Procedures › Section R. 32.181 - Motions

Current through Vol. 24-12, July 15, 2024
Rule 11.
(1) All motions, and affidavits and briefs in support thereof, shall be typewritten or printed and 4 copies thereof shall be filed with the tribunal. Allegations of fact in motions shall be supported by affidavit. Motions shall set out briefly, but distinctly, the grounds upon which they are founded and shall be signed by the attorney of the party on whose behalf they are filed.
(2) All motions shall be filed not later than 21 days from the date the accused filed the petition for review.
(3) Any opposition to a motion shall be filed within 14 days after receipt by the opposing party of service of the motion.
(4) Oral argument shall not be permitted on motions, except when ordered by the tribunal.
(5) A motion to dismiss an appeal may be made by the appellee on any of the following grounds:
(a) The appeal is not within the jurisdiction of the tribunal.
(b) The appeal was not taken or pursued in conformity with these rules.
(c) The question or questions sought to be reviewed were not properly raised or were not raised in a timely manner.
Michigan Administrative Code › Department - Military & Veteran's Affairs › Office of the Director and Adjutant General › Military Appeals Tribunal Procedures › Section R. 32.182 - Suspension of rules

Current through Vol. 24-12, July 15, 2024
Rule 12. Except where the appellant has failed to file a petition for review within 60 days from his or her actual receipt of final action in the case, for good cause shown, the tribunal may suspend the requirements or provisions of any of these rules in a particular case on petition of a party or on its own motion.
Michigan Administrative Code › Department - Military & Veteran's Affairs › Office of the Director and Adjutant General › Military Appeals Tribunal Procedures › Section R. 32.183 - Stay or deferment of sentence

Current through Vol. 24-12, July 15, 2024
Rule 13. Upon petition of the defendant, in any case where the sentence as approved includes a sentence of confinement, the tribunal shall grant a stay of the sentence until its decision on the merits of the case. In any other case, the tribunal may grant a stay or defer service of the sentence until its decision on the merits of the case. Any application for a stay shall be filed within the time limits prescribed in R 32.176.
Michigan Administrative Code › Department - Military & Veteran's Affairs › Office of the Director and Adjutant General › Military Appeals Tribunal Procedures › Section R. 32.185 - Recording, photographing, broadcasting, or televising tribunal session prohibited

Current through Vol. 24-12, July 15, 2024
Rule 15. The recording, photographing, broadcasting, or televising of any session of the tribunal or other activity relating thereto is prohibited.
Michigan Administrative Code › Department - Military & Veteran's Affairs › Office of the Director and Adjutant General › Military and Veterans Affairs, Military Family Relief Fund › Section R. 200.10 - Definitions

Current through Vol. 24-12, July 15, 2024
Rule 10. As used in these rules:
(1) "Department" means the Department of Military and Veterans Affairs.
(2) "Family" or "families" means the military dependents as determined by the qualified individual's branch of service.
(3) "Fund" means the military family relief fund created in section 3 of 363 PA 2004, MCL 35.1211.
(4) "Qualified individual" means an individual who meets all of the following criteria:
(a) The individual is or was a member of a reserve component of the United States armed forces based in this state or who is a resident of this state serving in a reserve component of the United States armed forces based in another state and is called to active duty by the president of the United States or the United States secretary of defense as a result of national response to September 11, 2001 or as a response to a national emergency declared by the president of the United States and for which funds are being spent by the federal government.
(b) The individual's family may document the need for financial assistance for clothing, food, housing, utilities, medical services or prescriptions, insurance payments, vehicle payments, or other related necessities of daily living in either of the following situations:
(i) The need occurred during the time the individual was on active duty.
(ii) The need occurred because the individual has incurred a line-of-duty injury or illness.
Michigan Administrative Code › Department - Military & Veteran's Affairs › Office of the Director and Adjutant General › Military and Veterans Affairs, Military Family Relief Fund › Section R. 200.20 - Determination of grant eligibility

Current through Vol. 24-12, July 15, 2024
Rule 20.
(1) All of the following factors are needed for an individual to qualify for a grant from the Michigan family relief fund:
(a) The applicant is a qualified individual or family.
(b) The need for financial assistance either occurred during the time that the qualified individual servedon active duty, or the need for financial assistance occurred because the individual has incurred a line-of duty injury or illness.
(c) There is a documented need for financial assistance for necessities of daily living that include, but are not limited to, any of the following:
(i) Food.
(ii) Clothing.
(iii) Housing.
(iv) Utilities.
(v) Medical service or prescriptions.
(vi) Insurance payments.
(vii) Vehicle payments.
(viii) Or other needs that are necessities of daily living.
(d) The qualified individual or family has not received more than $2,000 in grants from the family relief fund in any 1 calendar year.
(e) The qualified individual has served at least 30 days of active duty.
(f) The qualified individual has incurred a significant increase in the necessities of daily living, suffered a loss of pay, or suffered a significant emergency that warrants financial assistance.
Michigan Administrative Code › Department - Military & Veteran's Affairs › Office of the Director and Adjutant General › Military and Veterans Affairs, Military Family Relief Fund › Section R. 200.50 - Family need-based grant levels and limits

Current through Vol. 24-12, July 15, 2024
Rule 50.
(1) Payments to a qualified individual must not exceed $2,000 per calendar year.
(2) The Adjutant General may waive the requirements in emergency cases only, upon a written request indicating the circumstances justifying such a waiver. The Adjutant General may grant or deny such requests.
Michigan Administrative Code › Department - Military & Veteran's Affairs › Office of the Director and Adjutant General › Military and Veterans Affairs, Military Family Relief Fund › Section R. 200.80 - Documentation; application; payment; denial

Current through Vol. 24-12, July 15, 2024
Rule 80.
(1) All of the following must apply to the acceptance of applications:
(a) To receive consideration for a grant, applicants must request and submit an application on a form provided by the Michigan Department of Military Affairs.
(b) All of the necessary documentation required in R 200.20 must be included with the application, unless otherwise provided under DEERS, SIDPERS, or any other system, and the applicant must authorize access to those systems for purposes of verification.
(c) Applications may be submitted via facsimile, but the original documentation must be submitted before any grant payments may be authorized.
(d) Incomplete applications must be returned to the applicant.
(e) The Department of Military Affairs, upon receipt of a complete original application, must verify the required information and must then process the information for payment. The application must be processed in an expeditious manner.
Michigan Administrative Code › Department - Military & Veteran's Affairs › Office of the Director and Adjutant General › Military and Veterans Affairs, Military Family Relief Fund › Section R. 200.90 - Determination; process

Current through Vol. 24-12, July 15, 2024
Rule 90.
(1) The department must provide adequate staffing and other resources to carry out the requirements of this program and may not utilize any monies from the Michigan family relief fund.
(2) The Adjutant General, at the general's pleasure, must appoint not less than 3 personnel to serve on the Michigan family relief fund review panel. The Adjutant General may appoint not more than 12 civilian or military members for the panel. This panel will meet on an as-needed basis to review and approve grant requests. All of the following must apply to meetings of the panel:
(a) Three members of the review panel are required for a quorum.
(b) Each panel member must have 1 vote.
(c) A majority vote of the quorum is required to approve each grant application.
(d) One member of the review panel must keep a record of each vote cast during grant application reviews. Those documents must be maintained by that individual who is responsible for managing the Michigan family relief fund.
Michigan Administrative Code › Department - Military & Veteran's Affairs › Office of the Director and Adjutant General › Military and Veterans Affairs, Military Family Relief Fund › Section R. 200.95 - Veterans homes transfers

Current through Vol. 24-12, July 15, 2024
Rule 95.
(1) As required by 2004 PA 364, MCL 206.438, Michigan Department of Treasury must distribute monies from income tax form contributions to the Department of Military and Veterans Affairs. Of those tax form contribution monies received, 80% must be placed in the military family relief fund, and 20% of those monies must be deposited to the post fund and posthumous fund of the Michigan Veterans Homes. The 20% to be deposited for the Michigan Veterans Homes must be forwarded to those entities biannually on dates to be determined by the director of the Department of Military and Veterans Affairs.
(2) The funds must be divided between the Grand Rapids Veterans Home and the D.J. Jacobetti Veterans Home by an amount equal to their proportional share of the overall post/posthumous appropriation in each fiscal year.
Michigan Administrative Code › Department - Military & Veteran's Affairs › Veterans' Trust Fund Board of Trustees › Procedure for Appeals and Hearings › Section R. 35.1 - Appeal; hearing

Current through Vol. 24-12, July 15, 2024
Rule 1. When a veteran advises a county committee that he considers himself aggrieved at their decision and desires to appeal to the board of trustees, he shall be advised by the county committee at the time of filing his appeal that he may appear before the board for a hearing in person or by duly authorized representative, at his own expense.
Michigan Administrative Code › Department - Military & Veteran's Affairs › Veterans' Trust Fund Board of Trustees › Procedure for Appeals and Hearings › Section R. 35.2 - Request to appeal

Current through Vol. 24-12, July 15, 2024
Rule 2. The request to appeal shall be made in writing to the board of trustees within 10 days after receipt of the decision of the county committee, either directly to the board or through the county committee, and shall contain an accurate statement of the facts pertaining to his application, together with a statement as to whether or not a personal hearing is desired.
Michigan Administrative Code › Department - Military & Veteran's Affairs › Veterans' Trust Fund Board of Trustees › Procedure for Appeals and Hearings › Section R. 35.3 - Submission of new evidence

Current through Vol. 24-12, July 15, 2024
Rule 3. Upon receipt of appeal, the executive secretary of the Michigan veterans' trust fund board of trustees shall request the appellant to submit within 10 days any new and material evidence that he may have to support his claim.
Michigan Administrative Code › Department - Military & Veteran's Affairs › Veterans' Trust Fund Board of Trustees › Procedure for Appeals and Hearings › Section R. 35.4 - Notice to county committee

Current through Vol. 24-12, July 15, 2024
Rule 4. County committees will be notified of the receipt of appeal by the board of trustees, advised as to whether or not a hearing is requested, and asked to submit any additional evidence that may be available.
Michigan Administrative Code › Department - Military & Veteran's Affairs › Veterans' Trust Fund Board of Trustees › Procedure for Appeals and Hearings › Section R. 35.5 - Referral of appeal to board of trustees

Current through Vol. 24-12, July 15, 2024
Rule 5. If no new evidence is submitted within the period of time prescribed (10 days), the appeal will be referred to the board of trustees. If a personal hearing is requested, the appellant and the county committee shall be notified of the date, time and place of the meeting of the board at which the appellant is to appear for such hearing. If a personal hearing is not requested, the appeal shall be referred to the board for consideration at the earliest possible time for decision on the record as submitted.
Michigan Administrative Code › Department - Military & Veteran's Affairs › Veterans' Trust Fund Board of Trustees › Procedure for Appeals and Hearings › Section R. 35.6 - Results of appeal; copies

Current through Vol. 24-12, July 15, 2024
Rule 6. The original signed copy of the results of the appeal will be retained by the board of trustees, a copy will be forwarded for the files of the county committee concerned, and a copy furnished to the appellant.
Michigan Administrative Code › Department - Military & Veteran's Affairs › Veterans' Trust Fund Board of Trustees › Procedure for Appeals and Hearings › Section R. 35.7 - Compliance with board's decision

Current through Vol. 24-12, July 15, 2024
Rule 7. Action to comply with the decision of the board of trustees shall be taken by the county committee within 5 days after receipt of the copy of the results of the appeal.
Michigan Administrative Code › Department - Military & Veteran's Affairs › Veterans' Trust Fund Board of Trustees › Grants to Eligible Michigan Veterans › Section R. 35.621 - Need

Current through Vol. 24-12, July 15, 2024
Rule 1. Need is defined for the purpose of this act to be any emergency in the life of an honorably discharged world war II or Korean war veteran, or his or her dependents, which requires immediate assistance in order to prevent undue hardship to the veteran, or his or her dependents. The emergencies may involve hospitalization, medical services which cannot be secured from any other federal, state, or county agency, or from any privately owned insurance coverage, food, fuel, clothing, shelter, necessary transportation, or other unforeseen emergencies that require prompt attention.
Michigan Administrative Code › Department - Military & Veteran's Affairs › Veterans' Trust Fund Board of Trustees › Grants to Eligible Michigan Veterans › Section R. 35.622 - Eligibility of veteran or dependents, or both

Current through Vol. 24-12, July 15, 2024
Rule 2. Eligibility of the veteran, or his or her dependents, or both, shall be as specified in section 2, Act No. 9 of the Public Acts of 1946, Extra Session, as amended. ". . . for the purposes of the administration of this act, dependents shall be considered to be any persons legally entitled to look to the veteran for his or her support." (Sec. 4, Act No. 9, Public Acts of 1946, Extra Session, as amended.)
Michigan Administrative Code › Department - Military & Veteran's Affairs › Veterans' Trust Fund Board of Trustees › Grants to Eligible Michigan Veterans › Section R. 35.623 - Eligibility of deceased veteran's dependents

Current through Vol. 24-12, July 15, 2024
Rule 3.
(1) For the purposes of the administration of Act No. 9, Public Acts of 1946, Extra Session, as amended, it is further determined that the dependents of a deceased veteran are eligible to receive benefits in the same manner as the deceased veteran would have received, were he or she living.
(2) A widow of a veteran is considered a dependent as long as she is unremarried.
Michigan Administrative Code › Department - Natural Resources › Administration Division › Relocation Assistance › Section R. 299.951 - Definitions

Current through Vol. 24-12, July 15, 2024
Rule 1.
(1)
				"Commission" means the natural resources commission.
(2) "Department" means the department of
				natural resources.
(3) "Uniform
				act" means the uniform relocation assistance and real property acquisition
				policies act of 1970, Public Law 91-646.
(4) "Aggrieved relocatee" means a person who
				may be entitled to a determination pursuant to the uniform act and who is
				dissatisfied with the determination with regard to their eligibility for
				benefits or the amount of the benefit.
(5) "Person" means an individual,
				partnership, corporation, or association.
Michigan Administrative Code › Department - Natural Resources › Administration Division › Relocation Assistance › Section R. 299.952 - Aggrieved relocatee's options

Current through Vol. 24-12, July 15, 2024
Rule 2.
(1) An
				aggrieved relocatee who wishes to contest a determination made concerning
				either eligibility for benefits or the amount of benefits due pursuant to the
				uniform act may either:
(a) File a written
				objection with the department's land acquisition supervisior.
(b) Appear before the department's land
				acquisition supervisor and present his objection orally.
Michigan Administrative Code › Department - Natural Resources › Administration Division › Relocation Assistance › Section R. 299.953 - Hearing by department

Current through Vol. 24-12, July 15, 2024
Rule 3. An aggrieved relocatee who wishes to contest the land
				  acquisition supervisor's written decision may file a written objection with the
				  department and may appear before the department to present an objection after
				  written decision of the land acquisition supervisor. The objection shall be
				  filed within 30 days after written notice by the land acquisition supervisor. A
				  personal appearance shall be scheduled after a written request by the aggrieved
				  relocatee. The hearing shall be conducted by a 3- member appeals committee
				  appointed by the director of the department. One member of the committee shall
				  be designated as hearings officer. The aggrieved relocatee may represent
				  himself at the hearing orbe represented by legal counsel. The department may be
				  represented by the attorney general.
Michigan Administrative Code › Department - Natural Resources › Administration Division › Relocation Assistance › Section R. 299.954 - Opening statements; evidence; witnesses

Current through Vol. 24-12, July 15, 2024
Rule 4.
(1) The
				hearing shall be opened by the hearings officer with a concise statement of the
				hearing's nature and purpose. The hearings officer shall follow the rules of
				evidence applicable to circuit court proceedings. However, the hearings officer
				may admit and give probative effect to evidence which possesses probative value
				commonly accepted by reasonably prudent men in the conduct of their
				affairs.
(2) Documentary evidence
				may be received in the form of copies, excerpts or by incorporation by
				reference.
(3) The aggrieved
				relocatee, the department and the appeals committee may examine
				witnesses.
Michigan Administrative Code › Department - Natural Resources › Administration Division › Relocation Assistance › Section R. 299.955 - Exhibits; form; submission

Current through Vol. 24-12, July 15, 2024
Rule 5.
(1) Evidence
				to be presented, consisting of matters so complex as to make the presentation
				difficult to follow, may be presented in exhibit form, supplemented and
				explained, but not duplicated by oral testimony.
(2) An exhibit shall be numbered in numerical
				sequence and an exhibit of 2 or more pages shall be stapled together and
				notation made at the top of the first page as to the number of pages contained
				therein. A party introducing documentary exhibits shall furnish 3 copies to the
				hearings officer.
(3) Additional
				documentary evidence may be submitted subsequent to the closing of the hearing
				upon stipulation of the parties.
Michigan Administrative Code › Department - Natural Resources › Administration Division › Relocation Assistance › Section R. 299.956 - Arguments and decisions

Current through Vol. 24-12, July 15, 2024
Rule 6.
(1) After
				all of the evidence is entered in the record, the aggrieved relocatee and the
				department may summarize their arguments and the hearing shall be
				closed.
(2) Within 30 days after
				the hearing, the hearings officer shall send a written notice of the appeals
				committee's decision by registered mail to the aggrieved relocatee. The written
				notice shall contain the reasons supporting the decision. A copy of the hearing
				transcript shall be available upon request.
Michigan Administrative Code › Department - Natural Resources › Administration Division › Relocation Assistance › Section R. 299.957 - Appeals to commission

Current through Vol. 24-12, July 15, 2024
Rule 7.
(1) The
				decision of the appeals committee may be appealed to the commission if written
				notice of appeal is filed by the aggrieved relocate with the commission within
				30 days after the hearings officer renders a decision.
(2) On appeal to the commission, additional
				written evidence may be filed by the aggrieved relocatee and by the department
				within 10 days after filing the notice of appeal of the appeals committee's
				decision. In rendering its decision, the commission shall consider the entire
				hearing record, and additional written evidence which may have been filed by
				the aggrieved relocatee or the department. The commission may request the
				aggrieved locatee to personally appear. The commission shall inform the
				aggrieved relocatee and the department of its decision on the appeal by sending
				them a copy of its written decision within 30 days after the commission meets
				following the filing of additional written evidence.
(3) The decision of the commission shall be
				subject to judicial review by the appropriate state or federal court as
				provided by statutes and court rules.
Michigan Administrative Code › Department - Natural Resources › Executive Division › Departmental Organization and General Functions › Part 1 - NATURAL RESOURCES COMMISSION › Section R. 299.3001 - Department organization, structure

Current through Vol. 24-12, July 15, 2024
Rule 1. The department of natural resources was created by
					 Executive Order 2011-1, MCL 324.99921. The organizational structure is
					 available at
http://www.michigan.gov/dnr/inside
					 dnr.
Michigan Administrative Code › Department - Natural Resources › Executive Division › Departmental Organization and General Functions › Part 1 - NATURAL RESOURCES COMMISSION › Section R. 299.3002 - Department methods of operation

Current through Vol. 24-12, July 15, 2024
Rule 2.
(1) The
				  department of natural resources shall publish its methods of operation on its
				  web site at
www.michigan.gov/dnr.
Michigan Administrative Code › Department - Natural Resources › Executive Division › Departmental Organization and General Functions › Part 1 - NATURAL RESOURCES COMMISSION › Section R. 299.3095 - Request for declaratory ruling; procedure; notice; availability to public

Current through Vol. 24-12, July 15, 2024
Rule 95.
(1) A
				  request for a declaratory ruling by the department as to the applicability to a
				  state of facts of a statute, rule, or order administered or issued by the
				  department shall be submitted in writing to the director. The request shall
				  contain all of the following information:
(a)
				  The scope and purpose of the request.
(b) The statute, rule, or order administered
				  by the department to which the request applies.
(c) Signature and mailing address of the
				  requestor.
Michigan Administrative Code › Department - Natural Resources › Executive Division › Mackinac Island State Park Commission - General Rules › Part 2 - REGULATIONS › Section R. 318.121 - License fee required

Current through Vol. 24-12, July 15, 2024
Rule 21. A person shall not operate any horse-drawn vehicle
					 carrying passengers for hire over any roads until the person has been granted a
					 license by the commission or its agent in writing and has paid the annual fee
					 as determined by the commission.
Michigan Administrative Code › Department - Natural Resources › Executive Division › Mackinac Island State Park Commission - General Rules › Part 2 - REGULATIONS › Section R. 318.122 - Temporary permits

Current through Vol. 24-12, July 15, 2024
Rule 22.
(1) A
				  person shall not operate a motor vehicle within the Mackinac Island state park
				  without a temporary permit. The commission, or its duly authorized agent, shall
				  issue a temporary permit for the operation of motor vehicles for emergency or
				  public and private work as the commission shall prescribe and approve. An
				  application for a temporary permit shall be submitted in writing to the
				  commission or its duly authorized agent and shall set forth fully the reasons
				  for the request and the period of the permit. The commission may require
				  property damage and public liability insurance of any applicant in an amount
				  sufficient, in its judgment, for adequate protection of persons and property.
				  The director shall keep a written record of all permits issued, and the
				  commission may revoke any permit at any time, giving notice in writing to the
				  permit holder, and setting forth the reasons for the revocation. Persons with
				  disabilities that rely on personal assistive mobility devices are not subject
				  to this subrule and may operate their devices without permit in all properties
				  under the jurisdiction of the Mackinac Island State Park Commission.
(2) The state of Michigan or any of its
				  political subdivisions may operate its emergency and utility vehicles over the
				  Mackinac Island state park roads in the normal performance of its governmental
				  functions.
Michigan Administrative Code › Department - Natural Resources › Executive Division › Mackinac Island State Park Commission - General Rules › Part 2 - REGULATIONS › Section R. 318.122a - Hotel bus license

Current through Vol. 24-12, July 15, 2024
Rule 22a. Any hotel operating on Mackinac Island may apply
					 for and be granted a license to operate a hotel bus after the payment of a fee
					 if the commission determines both of the following:
(a) That the application is made by the hotel
				  owner and the bus is to be operated for the convenience of hotel guests and
				  those accompanying them.
(b) That
				  the location of the hotel is such that it is necessary to provide
				  transportation for guests to and from the docks.
Michigan Administrative Code › Department - Natural Resources › Executive Division › Mackinac Island State Park Commission - General Rules › Part 2 - REGULATIONS › Section R. 318.122b - Dray license

Current through Vol. 24-12, July 15, 2024
Rule 22b. Any person operating a dray within the Mackinac
					 Island state park shall have a license issued by the commission. The commission
					 may establish the rate for dray services.
Michigan Administrative Code › Department - Natural Resources › Executive Division › Mackinac Island State Park Commission - General Rules › Part 2 - REGULATIONS › Section R. 318.123 - Applications for licenses

Current through Vol. 24-12, July 15, 2024
Rule 23. An application for a license to operate a
					 horse-drawn vehicle for hire or saddle horse for hire shall be made to the
					 commission in writing.
Michigan Administrative Code › Department - Natural Resources › Executive Division › Mackinac Island State Park Commission - General Rules › Part 2 - REGULATIONS › Section R. 318.124 - Identification plates

Current through Vol. 24-12, July 15, 2024
Rule 24. A person shall not operate a horse-drawn vehicle
					 for hire unless the person's carriage or carriages are equipped with a "state
					 license identification plate" which shall be furnished by the commission and
					 which shall continue to be the property of the state of
					 Michigan.
Michigan Administrative Code › Department - Natural Resources › Executive Division › Mackinac Island State Park Commission - General Rules › Part 2 - REGULATIONS › Section R. 318.125 - Routes; solicitation; services

Current through Vol. 24-12, July 15, 2024
Rule 25. Before the beginning of each summer season, the
					 commission shall prescribe the routes, the manner and place of passenger
					 solicitation, and types of services to be offered by each vehicle
					 classification.
Michigan Administrative Code › Department - Natural Resources › Executive Division › Mackinac Island State Park Commission - General Rules › Part 2 - REGULATIONS › Section R. 318.128 - Fares and charges

Current through Vol. 24-12, July 15, 2024
Rule 28. Before the beginning of each summer season, the
					 commission shall, by resolution, prescribe the maximum fares of any kind and
					 maximum authorized fees to be charged by operators of any and all licensed
					 vehicles.
Michigan Administrative Code › Department - Natural Resources › Executive Division › Mackinac Island State Park Commission - General Rules › Part 2 - REGULATIONS › Section R. 318.129 - Nontransferability of state license

Current through Vol. 24-12, July 15, 2024
Rule 29. The "state license identification plate" issued by
					 the commission shall be securely and conspicuously attached to each vehicle
					 without visible obstruction and shall not be transferred to any other vehicle,
					 except with consent of the commission or its authorized
					 agent.
Michigan Administrative Code › Department - Natural Resources › Executive Division › Mackinac Island State Park Commission - General Rules › Part 2 - REGULATIONS › Section R. 318.130 - Inspection of vehicles and horses

Current through Vol. 24-12, July 15, 2024
Rule 30. Each vehicle licensed and the horses used to draw
					 the vehicle shall be subject to inspection by the commission or its authorized
					 agent at any time within the discretion of the commission. Inspection shall be
					 made for the purpose of assuring safely constructed vehicles and properly
					 conditioned horses. The commission shall prohibit the use of any vehicle which,
					 in its judgment, is unsafe and any horses which, in its judgment or the
					 judgment of its duly authorized agent, are not properly safe and conditioned
					 for the work for which the horses are being used.
Michigan Administrative Code › Department - Natural Resources › Executive Division › Mackinac Island State Park Commission - General Rules › Part 2 - REGULATIONS › Section R. 318.131 - Operators

Current through Vol. 24-12, July 15, 2024
Rule 31. No person shall be permitted to operate any
					 horse-drawn vehicle carrying passengers for hire who, in the judgment of the
					 commission or its duly authorized agent, is not competent to handle horses
					 humanely and safely, or whose personal conduct is such as to endanger public
					 safety or persons and/or property.
Michigan Administrative Code › Department - Natural Resources › Executive Division › Mackinac Island State Park Commission - General Rules › Part 2 - REGULATIONS › Section R. 318.132 - Public liability and property damage insurance

Current through Vol. 24-12, July 15, 2024
Rule 32. The commission shall require every carriage and/or
					 its owner to carry public liability insurance against loss of life or injury or
					 property damage in an amount to be determined by the commission at the
					 commencement of each summer season. The summer season shall be defined as the
					 months of May, June, July, August, September, and October. Any person engaged
					 in either sight-seeing service or taxicab service during the months of
					 November, December, January, February, March and April shall carry similar
					 liability insurance on the carriages that are being operated during that
					 period.
Michigan Administrative Code › Department - Natural Resources › Executive Division › Mackinac Island State Park Commission - General Rules › Part 2 - REGULATIONS › Section R. 318.136 - Number of carriage licenses

Current through Vol. 24-12, July 15, 2024
Rule 36. On or before June 1 of each year, the commission
					 shall issue the number of licenses for horse-drawn vehicles carrying passengers
					 for hire that in its judgment will adequately serve the public, but not more
					 than the following maximum numbers:
(a) Sight-seeing carriages............... 55
				  licenses.
(b) Taxicabs
				  ....................... 17 licenses.
(c) Drive-yourself carriages ....... 18
				  licenses.
(d) Livery carriages
				  ............... 21 licenses.
Michigan Administrative Code › Department - Natural Resources › Executive Division › Mackinac Island State Park Commission - General Rules › Part 2 - REGULATIONS › Section R. 318.141 - Scope; "proper permission" defined

Current through Vol. 24-12, July 15, 2024
Rule 41.
(1) These
				  rules govern the use of and occupancy of the Mackinac Island state park, the
				  Historic Mill Creek state park, and the Michilimackinac state park.
(2) "Proper permission," as used in
				  R 318.142 to
				  R
				  318.145, means a written permit or license authorized
				  by the commission and issued by its director or authorized
				  representative.
Michigan Administrative Code › Department - Natural Resources › Executive Division › Mackinac Island State Park Commission - General Rules › Part 2 - REGULATIONS › Section R. 318.142 - Signs, fences, improvements, and posted lands

Current through Vol. 24-12, July 15, 2024
Rule 42.
(1) It is
				  unlawful to do any of the following on state-owned lands without proper
				  permission:
(a) Post, place, or erect
				  signs.
(b) Place or distribute
				  advertising material.
(c) Erect a
				  fence or barrier.
(d) Contruct or
				  occupy improvements.
(e) Enclosed
				  state-owned lands.
Michigan Administrative Code › Department - Natural Resources › Executive Division › Mackinac Island State Park Commission - General Rules › Part 2 - REGULATIONS › Section R. 318.143 - Camping and hunting

Current through Vol. 24-12, July 15, 2024
Rule 43.
(1) A
				  person shall not camp within the Mackinac Island state park, Historic Mill
				  Creek state park, or Michilimackinac state park.
(2) A person shall not hunt in Mackinac
				  Island state park or Michilimackinac state park.
Michigan Administrative Code › Department - Natural Resources › Executive Division › Mackinac Island State Park Commission - General Rules › Part 2 - REGULATIONS › Section R. 318.144 - Refuse and fires

Current through Vol. 24-12, July 15, 2024
Rule 44.
(1) A
				  person shall not use park lands or facilities as a place to keep or dispose of
				  refuse, rubbish, trash, garbage, or other litter. This does not apply to refuse
				  or garbage resulting from legal uses of park lands, which shall be placed in
				  proper receptacles.
(2) A person
				  shall not build fires except in designated places or in stoves or grills as
				  approved by an authorized representative of the commission.
Michigan Administrative Code › Department - Natural Resources › Executive Division › Mackinac Island State Park Commission - General Rules › Part 2 - REGULATIONS › Section R. 318.145 - Vehicles, personal assistive mobility devices, electric bicycles, and animals

Current through Vol. 24-12, July 15, 2024
Rule 45.
(1)
				  Though some of the roads within Mackinac Island State Park may be capable of
				  supporting a motor vehicle, none of the roads are designed for motor vehicular
				  travel. A person shall not operate a motor vehicle anywhere within Mackinac
				  Island State Park without proper permission. On other land under the
				  jurisdiction of the commission, a person shall not operate a motor vehicle
				  without proper permission, except in an area or on a road clearly designated
				  for the parking or operation of motor vehicles.
(2) An individual with a physical impairment
				  that substantially limits the ability of the individual to walk that relies on
				  a personal assistive mobility device may operate the device without a permit on
				  all properties under the jurisdiction of the commission, provided that the
				  individual does not carry any passengers. Carrying passengers on a personal
				  assistive mobility device is prohibited.
(3) An individual shall not operate an
				  electric bicycle within Mackinac Island State Park.
(4) Notwithstanding subrule (3) of this rule,
				  an individual with a physical impairment that substantially limits the ability
				  of the individual to pedal a bicycle may use an electric bicycle within
				  Mackinac Island State Park only if the electric bicycle has a manufacturer's
				  label confirming that it is a class 1 electric bicycle. An electric bicycle is
				  a class 1 electric bicycle if it is equipped with an electric motor that
				  provides assistance only when the rider is pedaling and that disengages or
				  ceases to function when the electric bicycle reaches a speed of 20 miles per
				  hour.
(5) An individual shall not
				  ride or lead a horse, other riding animal, or pack animal on, or allow the
				  animal or any animal-drawn vehicle to use or travel on, any areas determined
				  unsafe for such use by order of the commission and posted against such
				  use.
(6) An individual shall not
				  possess a dog on land under the jurisdiction of the commission unless it is
				  under the individual's immediate control or have a dog within any area used as
				  a bathing beach. A dog that is found not in the possession of or under the
				  immediate control of its owner or the owner's agent, or any dog found creating
				  a nuisance or disturbance, may be removed or placed under restraint.
Michigan Administrative Code › Department - Natural Resources › Executive Division › Mackinac Island State Park Commission - General Rules › Part 2 - REGULATIONS › Section R. 318.145b - Saddle horse licenses

Current through Vol. 24-12, July 15, 2024
Rule 45b.
(1) The
				  commission, upon receipt of proper application, may issue annual licenses for a
				  number of saddle horses for use in Mackinac Island state park as the commission
				  determines are needed in the interest of public safety and proper service to
				  the public.
(2) Licenses are
				  nontransferable and shall be surrendered to the issuing authority upon demand
				  if any transfer is attempted or if ownership of the licensed business or its
				  location is changed or altered in any way.
(3) The commission shall establish the
				  license fees, terms, and conditions, including the maximum rates per hour
				  charged, under which saddle horses may be supplied for use in the state
				  park.
Michigan Administrative Code › Department - Natural Resources › Executive Division › Mackinac Island State Park Commission - General Rules › Part 2 - REGULATIONS › Section R. 318.145c - Rental bicycle licenses

Current through Vol. 24-12, July 15, 2024
Rule 45c.
(1) The
				  commission, after receipt of a completed application, may issue annual licenses
				  for a number of rental bicycles for use in Mackinac Island State Park, as the
				  commission determines are needed in the interest of public safety and proper
				  service to the public.
(2) An
				  applicant may request on the application to rent electric bicycles to
				  customers, but the request must be accompanied by a certification that the
				  applicant will rent only class 1 electric bicycles to an individual with a
				  physical impairment that substantially limits the ability of the individual to
				  pedal a bicycle.
(3) Licenses are
				  nontransferable and must be surrendered to the issuing authority on demand if
				  any transfer is attempted or if ownership of the licensed business or its
				  location is changed or altered in any way.
(4) The commission shall establish the
				  license fees, terms, and conditions under which rental bicycles may be supplied
				  for use in the state park. Licenses are subject to revocation if their terms or
				  conditions are violated.