reglab/statecodes huggingface dataset:
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 4 - PUBLIC SERVICE COMMISSION › Subpart G - DECLARATORY RULINGS › Section R. 792.10448 - Declaratory rulings

Current through Vol. 24-12, July 15, 2024
Rule 448.
(1)
					 Any person may request a declaratory ruling as to the applicability to an
					 actual state of facts of a statute administered by the commission or of a rule
					 or order of the commission, pursuant to sections 33 and 63 of the act, MCL
					 24.233 and
					 24.263. A request for a
					 declaratory ruling must contain, or by attached exhibits show, all of the
					 following:
(a) A complete, accurate, and
					 concise statement of the facts or situation upon which the request is
					 based.
(b) A concise statement of
					 the issues presented.
(c) Specific
					 reference to all statutes, rules, and orders to which the request
					 relates.
(d) An analysis by the
					 person's legal counsel of the issues presented and a proposed conclusion, or
					 the person's analysis of the issues presented and a proposed
					 conclusion.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 5 - DEPARTMENT OF TRANSPORTATION › Subpart A - BUREAU OF HIGHWAY TECHNICAL SERVICES - HEARINGS ON TRAFFIC CONTROL ORDERS › Section R. 792.10501 - General rules

Current through Vol. 24-12, July 15, 2024
Rule 1501. The general rules of the employment relations
						commission,
						R
						423.101 to
						R
						423.484, govern practice and procedure in
						administrative hearings conducted by the hearing system in cases arising under
						1939 PA 176, MCL 423.1 to 423.30, and 1947 PA 336, MCL 423.201 to 423.217, with
						the exclusion of parts 2 and 3 of those rules.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 5 - DEPARTMENT OF TRANSPORTATION › Subpart A - BUREAU OF HIGHWAY TECHNICAL SERVICES - HEARINGS ON TRAFFIC CONTROL ORDERS › Section R. 792.10502 - Definitions

Current through Vol. 24-12, July 15, 2024
Rule 502.
(1) As
					 used in these rules:
(a) "Bureau" refers to
					 the bureau of highway technical services.
(b)"City" means a home rule city duly
					 incorporated pursuant to the laws of the state of Michigan.
(c) "Department" means the Michigan
					 department of transportation.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 5 - DEPARTMENT OF TRANSPORTATION › Subpart A - BUREAU OF HIGHWAY TECHNICAL SERVICES - HEARINGS ON TRAFFIC CONTROL ORDERS › Section R. 792.10503 - Appearance

Current through Vol. 24-12, July 15, 2024
Rule 503. When an appearance is made at a hearing, it
						shall be made by legal counsel for and on behalf of the city or by some other
						person duly authorized by the legislative body of the city.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 5 - DEPARTMENT OF TRANSPORTATION › Subpart A - BUREAU OF HIGHWAY TECHNICAL SERVICES - HEARINGS ON TRAFFIC CONTROL ORDERS › Section R. 792.10504 - Depositions

Current through Vol. 24-12, July 15, 2024
Rule 504. Depositions may be taken upon written authority
						of the department of transportation or the administrative law judge if it
						appears to the department of transportation or the administrative law judge
						that it is impracticable or impossible to obtain the evidence otherwise. Where
						depositions are permitted, they shall be taken according to the rules for
						taking depositions in civil cases in this state as provided by Michigan court
						rule 617.6.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 5 - DEPARTMENT OF TRANSPORTATION › Subpart A - BUREAU OF HIGHWAY TECHNICAL SERVICES - HEARINGS ON TRAFFIC CONTROL ORDERS › Section R. 792.10505 - Parties in interest

Current through Vol. 24-12, July 15, 2024
Rule 505. The department of transportation and the city
						are deemed the sole parties in interest in the hearing, and they alone may
						present evidence, cross-examine, and exercise other legal rights afforded an
						interested party in a contested case.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 5 - DEPARTMENT OF TRANSPORTATION › Subpart A - BUREAU OF HIGHWAY TECHNICAL SERVICES - HEARINGS ON TRAFFIC CONTROL ORDERS › Section R. 792.10506 - Appeal to prequalification appeal board

Current through Vol. 24-12, July 15, 2024
Rule 506.
(1) A
					 bidder may submit a written appeal to the prequalification appeal board within
					 14 days after a decision.
(2) A
					 contested case hearing shall then be scheduled and conducted in accordance with
					 the act.
(3) An administrative law
					 judge will conduct the hearing and may choose to consult with the board during
					 the course of the proceedings. The administrative law judge shall prepare a
					 proposal for decision, for approval and issuance by the board. The board
					 retains the authority to decide any disputed issue.
(4) The decision of the prequalification
					 appeal board constitutes the final decision of the department. An appeal may be
					 submitted in a timely manner from an adverse decision under chapter 6 of the
					 act, MCL 24.301 to 24.306.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 5 - DEPARTMENT OF TRANSPORTATION › Subpart B - BUREAU OF HIGHWAY TECHNICAL SERVICES DRIVEWAYS, BANNERS, AND PARADES ON AND OVER HIGHWAYS HEARINGS AND APPEALS › Section R. 792.10507 - Hearing; request; time; notice; effective date of driveway permit revocation

Current through Vol. 24-12, July 15, 2024
Rule 507.
(1)
					 After a permit application has been denied, before the department may revoke a
					 driveway permit for failure to comply with any provision of the permit, or when
					 the department has issued a notice of violation of these rules under chapter 8
					 of the act MCL 247.321 to 247.329, a person or agency has the right to a
					 hearing before an administrative law judge in accordance with the act, MCL
					 24.201 to 24.328. However, a prior hearing before an administrative law judge
					 is not required in the case of a summary suspension as provided in the act, MCL
					 24.201 to 24.328. A person shall file a written request for hearing with the
					 department within 30 days after mailing or delivery, whichever occurs first, of
					 the denial of application, notice of intent to revoke a permit, or notice of
					 violation.
(2) The department shall
					 hold a hearing not less than 30 days after the request is received by the
					 department, unless good cause is shown by either party. The department shall
					 notify the person or agency of the hearing date, time, and place not less than
					 10 days before the hearing.
(3) The
					 department shall give notice of the hearing and shall conduct the hearing in
					 accordance with the act, MCL 24.201 to 24.328.
(4) In the absence of a hearing request, a
					 driveway permit revocation is effective 30 days after mailing or delivery of a
					 notice of intent to revoke the permit, whichever occurs first. If, as the
					 result of a hearing held under these rules, the decision of the administrative
					 law judge affirms the department's revocation of a driveway permit, then the
					 revocation shall be effective on the date specified in the order issued by the
					 administrative law judge.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 5 - DEPARTMENT OF TRANSPORTATION › Subpart C - OFFICE OF HIGHWAY SAFETY RELOCATION ASSISTANCE › Section R. 792.10508 - Definitions

Current through Vol. 24-12, July 15, 2024
Rule 508.
(1)
					 "Commission" means the state transportation commission.
(2) "Department" means the Michigan
					 department of transportation.
(3)
					 "Uniform act" means the uniform relocation assistance and real property
					 acquisition policies act of 1970,
					 42
					 U.S.C. §
												4601 to §
											4605.
(4) "Aggrieved relocate" means a person who
					 may be entitled to a determination pursuant to the uniform act who is
					 dissatisfied with the department's determination with regard to the persons
					 eligibility for benefits or the amount of the benefits.
(5) "Person" means an individual,
					 partnership, corporation, or association.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 5 - DEPARTMENT OF TRANSPORTATION › Subpart C - OFFICE OF HIGHWAY SAFETY RELOCATION ASSISTANCE › Section R. 792.10509 - Hearing by department

Current through Vol. 24-12, July 15, 2024
Rule 509. An aggrieved relocatee, who wishes to contest
						the district agent's written decision, may file written objections with the
						department and may also appear before the department to present objections
						after written decision of the district agent. The written objections shall be
						filed within 30 days after written notice by the district agent. A personal
						appearance shall be scheduled after a written request by the aggrieved
						relocatee. The aggrieved relocatee may represent himself or herself at the
						hearing or be represented by an attorney or authorized representative. The
						department shall be represented by a member of the right-of-way division, and
						in addition, may be represented by the attorney general.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 5 - DEPARTMENT OF TRANSPORTATION › Subpart C - OFFICE OF HIGHWAY SAFETY RELOCATION ASSISTANCE › Section R. 792.10510 - Exhibits; forms; submission

Current through Vol. 24-12, July 15, 2024
Rule 510.
(1)
					 Evidence to be presented, consisting of matters so complex as to make the
					 presentation difficult to follow, may be presented in exhibit form and
					 supplemented and explained but not duplicated by oral testimony.
(2) Documentary exhibits shall be typed on 1
					 side only of pages not exceeding 8 1/2 inches x 11 inches, or multiples
					 thereof, with a sufficient margin for binding, preferably 1 1/2 inches to be
					 left blank on the left side of each page. An exhibit in excess of 8 1/2 inches
					 wide shall be folded to be not more than 8 1/2 inches x 11 inches if
					 practicable. 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
					 in the exhibit.
(3) An exhibit
					 shall indicate the control section and parcel number on the first page and
					 provide space for the name of the witness and number and date of the exhibit.
					 Exhibits shall be numbered in numerical sequence regardless of the identity of
					 the party offering them. The number of the exhibit shall be prefixed with a
					 letter indicating the identity of the party offering it. A party introducing
					 documentary exhibits shall furnish 3 copies to the administrative law
					 judge.
(4) Additional documentary
					 evidence may be submitted subsequent to the closing of the hearing upon
					 stipulation of the parties.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 5 - DEPARTMENT OF TRANSPORTATION › Subpart C - OFFICE OF HIGHWAY SAFETY RELOCATION ASSISTANCE › Section R. 792.10511 - Arguments and decisions

Current through Vol. 24-12, July 15, 2024
Rule 511.
(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 administrative law judge shall send a written notice of the
					 hearing decision by 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 - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 5 - DEPARTMENT OF TRANSPORTATION › Subpart D - BUREAU OF HIGHWAY TECHNICAL SERVICES ADVERTISING ADJACENT TO HIGHWAYS - HEARINGS AND APPEALS › Section R. 792.10512 - Requests for hearing

Current through Vol. 24-12, July 15, 2024
Rule 512.
(1) A
					 person aggrieved by any action or inaction of the department under the act,
					 other than the amount of compensation to be paid pursuant to the act, is
					 entitled to a hearing before an administrative law judge. The request shall be
					 filed within 60 days after the grievance arises.
(2) The department shall give notice of the
					 hearing and shall conduct the hearing in accordance with 1969 PA 306, MCL
					 24.201 to 24.328.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 7 - LICENSING AND REGULATORY AFFAIRS HEALTH CODE BOARDS › Section R. 792.10701 - Definitions

Current through Vol. 24-12, July 15, 2024
Rule 701. As used in these rules:
(a) "Allegation" means a document filed by a
				  person or governmental entity which alleges conduct that may be in violation of
				  the code or a rule.
(b) "Applicant"
				  means a person seeking an initial license or registration under the
				  code.
(c) "Board" means a board
				  created pursuant to article 15 of the code. When applied to a particular
				  circumstance, "board" means the particular board that has jurisdiction or
				  responsibility.
(d) "Bureau" means
				  the bureau of health care services within the department of licensing and
				  regulatory affairs.
(e) "Code"
				  means part 11 of the public health code, 1978 PA 368, MCL 333.1101 to
				  333.25211.
(f) "Complaining party"
				  means the director of the department, or his or her designee, who files a
				  complaint with the department.
(g)
				  "Complaint" means a formal pleading entitled "administrative complaint" filed
				  by a complaining party setting forth allegations of fact and law which, if
				  proven, may result in imposition of sanctions on a licensee or registrant or
				  adverse action against an applicant.
(h) "Department" means the department of
				  licensing and regulatory affairs or an employee of the department who is
				  lawfully authorized by the director to act on behalf of the
				  department.
(i) "Petitioner" means
				  a person seeking relicensure, registration, reinstatement, or reclassification
				  of a license or registration under the code.
(j) "Task force" means the task force on
				  physicians' assistants created pursuant to article 15 of the code.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 7 - LICENSING AND REGULATORY AFFAIRS HEALTH CODE BOARDS › Section R. 792.10702 - Petition to dissolve suspension order; hearing; record

Current through Vol. 24-12, July 15, 2024
Rule 702.
(1) A
				  person whose license or registration has been summarily suspended shall
				  petition for dissolution of the order before seeking judicial review. Upon
				  receiving a petition the bureau shall immediately request an expedited hearing
				  before an administrative law judge.
(2) Prior to the date of the scheduled
				  hearing, the parties may file with the administrative law judge a written
				  stipulation to dissolve the order of summary suspension, based on their stated
				  agreement that the public health, safety or welfare does not require emergency
				  action and continuation of the summary suspension. If such a stipulation is
				  filed, the administrative law judge may enter an order dissolving the order of
				  summary suspension and cancel the emergency hearing.
(3) Immediately after the hearing on the
				  petition, the administrative law judge shall issue a written order granting or
				  denying the requested relief.
(4)
				  The administrative law judge shall grant the relief unless he or she finds that
				  sufficient evidence has been produced to support a finding that the public
				  health, safety, or welfare requires emergency action and a continuation of the
				  suspension order.
(5) If the
				  licensee or registrant fails to appear at the emergency hearing, the
				  administrative law judge shall find that the public health, safety, or welfare
				  requires emergency action and continue the order of summary
				  suspension.
(6) The record created
				  at the hearing shall become a part of the record at any subsequent hearing in
				  the contested case.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 7 - LICENSING AND REGULATORY AFFAIRS HEALTH CODE BOARDS › Section R. 792.10703 - Compulsory mental or physical examination; objection

Current through Vol. 24-12, July 15, 2024
Rule 703.
(1) In a
				  hearing or investigation in which mental or physical inability is alleged, a
				  disciplinary subcommittee, administrative law judge, or the bureau with the
				  approval of the disciplinary subcommittee may order that an applicant,
				  licensee, petitioner, or registrant submit to a mental or physical examination
				  in accordance with this rule and the code.
(2) If a summary suspension is ordered, an
				  order to submit to a mental or physical examination may be issued
				  immediately.
(3) If the applicant,
				  licensee, petitioner, or registrant objects to being compelled to submit to
				  examination, the objections shall be submitted in writing.
(4) Objections to an order compelling
				  examination shall be filed within 10 days after service of the order. Upon
				  timely receipt of an objection, a hearing on the merits of the order compelling
				  examination shall be held before an administrative law judge.
(5) If the licensee or registrant does not
				  show compliance with all lawful requirements for retention of the license or
				  registration, the administrative law judge shall consider the complaint and any
				  objections and consider the complaint and any objections and determine whether
				  to require the licensee or registrant to submit to mental or physical
				  examination.
(6) An applicant,
				  licensee, petitioner, or registrant may be required to submit to a mental or
				  physical examination if the administrative law judge determines that a
				  reasonable basis has been shown to believe that a mental or physical
				  examination is warranted.
(7) The
				  applicant, licensee, petitioner, or registrant shall be given reasonable notice
				  and opportunity to submit to a required examination. Failure to submit to the
				  examination constitutes a ground for suspension or denial of the license or
				  registration until the examination is taken.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 7 - LICENSING AND REGULATORY AFFAIRS HEALTH CODE BOARDS › Section R. 792.10704 - Adjournment

Current through Vol. 24-12, July 15, 2024
Rule 704.
(1) A
				  compliance conference may be adjourned once by the bureau at the request of a
				  party for good cause shown.
(2) The
				  applicant, licensee, or registrant who is the subject of a complaint or the
				  bureau may request and be granted not more than 1 adjournment of a hearing by
				  the administrative law judge for good cause shown.
(3) A request by a party for an adjournment
				  shall state the reasons for the adjournment, be in writing, and be filed not
				  less than 5 days before the date of the scheduled hearing or compliance
				  conference, except when the bureau or administrative law judge finds that good
				  cause has been shown for the failure to file within 5 days. Notice of action on
				  a request for adjournment shall be given to the parties.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 7 - LICENSING AND REGULATORY AFFAIRS HEALTH CODE BOARDS › Section R. 792.10705 - Evidence; objections; rulings

Current through Vol. 24-12, July 15, 2024
Rule 705.
(1)
				  Evidence in a contested case may be received, maintained, distributed,
				  subpoenaed, and admitted pursuant to the act, 1969 PA 306, MCL 24.271 to
				  24.287.
(2) Evidence may be
				  retained in the custody of a person designated by the administrative law judge
				  where retention is deemed necessary to preserve the evidence without undue
				  interference with other legal proceedings.
(3) An objection to the admissibility of
				  evidence shall be made by opposing counsel on stated grounds. The proponent of
				  the evidence shall be afforded an opportunity to respond. A ruling on an
				  evidentiary question shall be made on the record.
(4) The administrative law judge shall rule
				  on motions and on the admissibility of evidence. The rulings are subject to
				  review by the appropriate disciplinary subcommittee, board, or task
				  force.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 7 - LICENSING AND REGULATORY AFFAIRS HEALTH CODE BOARDS › Section R. 792.10706 - Depositions; interrogatories; requests for admissions

Current through Vol. 24-12, July 15, 2024
Rule 706.
(1) A
				  deposition, written interrogatories, or deposition on written interrogatories
				  may be taken in a contested case pursuant to the Michigan court rules for use
				  as evidence only and not for purposes of discovery. Only admissible evidence
				  shall be taken.
(2) A written
				  request for the admission by a designated party of the genuineness of any
				  relevant documents described in, and exhibited with, the request, or of the
				  truth of any relevant matters of fact set forth in the request, may be served
				  upon all other parties in a contested case in pursuant to the Michigan court
				  rules. Each of the matters for which an admission has been requested shall be
				  deemed admitted, unless the designated party responds to the request in the
				  manner set forth in the Michigan court rules.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 7 - LICENSING AND REGULATORY AFFAIRS HEALTH CODE BOARDS › Section R. 792.10707 - Burden of proof

Current through Vol. 24-12, July 15, 2024
Rule 707.
(1) The
				  complaining party has the burden of proving, by a preponderance of the
				  evidence, which grounds exist for the imposition of a sanction on a licensee,
				  registrant, or applicant.
(2) A
				  petitioner for reinstatement or reclassification of a license or registration
				  has the burden of proving, by clear and convincing evidence, that the
				  requirements and conditions for reinstatement or reclassification have been
				  satisfied.
(3) An applicant for a
				  license or registration has the burden of proving, by a preponderance of the
				  evidence, that the pertinent requirements for the license or registration have
				  been satisfied.
(4) The complaining
				  party has the burden of proving, by a preponderance of the evidence, that
				  grounds exist for the continuation of a cease and desist order.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 7 - LICENSING AND REGULATORY AFFAIRS HEALTH CODE BOARDS › Section R. 792.10708 - Administrative law judge; impartiality

Current through Vol. 24-12, July 15, 2024
Rule 708.
(1) A
				  hearing shall be conducted by an administrative law judge designated by the
				  department. The administrative law judge shall remain impartial and shall avoid
				  even the appearance of partiality.
(2) A member of a board, task force, or
				  disciplinary subcommittee who participates in the decision and the
				  administrative law judge shall be deemed presiding officers for the purpose of
				  affidavits filed alleging personal bias or disqualification.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 7 - LICENSING AND REGULATORY AFFAIRS HEALTH CODE BOARDS › Section R. 792.10709 - Witnesses

Current through Vol. 24-12, July 15, 2024
Rule 709.
(1) Upon
				  motion and a showing of good cause, a prospective witness may be excluded from
				  a hearing.
(2) Upon motion and a
				  showing of good cause, a witness who has testified may be instructed not to
				  communicate with a prospective witness regarding that testimony.
(3) An individual designated by the
				  department director may attend a reinstatement or reclassification hearing and
				  may ask questions of witnesses. A party may object to a question asked of a
				  witness. The administrative law judge shall rule on the objection or the
				  question shall be withdrawn as is appropriate.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 7 - LICENSING AND REGULATORY AFFAIRS HEALTH CODE BOARDS › Section R. 792.10710 - Rehearing

Current through Vol. 24-12, July 15, 2024
Rule 710.
(1) If a
				  final order has not been issued, a party may file a written request for
				  rehearing with the administrative law judge pursuant to section 87 of the act,
				  1969 PA 306, MCL 24.287. The request shall expressly set forth the reasons for
				  the rehearing and the scope of the requested relief. After a reasonable
				  opportunity for the opposing party to respond, the request shall be granted or
				  denied and the parties shall be notified of the decision.
(2) If a rehearing is granted, it shall be
				  noticed and conducted in the same manner as the original hearing.
(3) If a final order has been issued, a party
				  may file a written request for rehearing with the appropriate board, task
				  force, or disciplinary subcommittee.
(4) A consent order entered by a disciplinary
				  subcommittee pursuant to agreement between the parties may only be modified by
				  the disciplinary subcommittee upon agreement of the parties.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 7 - LICENSING AND REGULATORY AFFAIRS HEALTH CODE BOARDS › Section R. 792.10711 - License; registration; duration of suspension; standards and procedures for reinstatement after revocation or suspension

Current through Vol. 24-12, July 15, 2024
Rule 711.
(1) The
				  suspension of a license or registration shall continue until the expiration of
				  the period of suspension set forth in the order or until the license or
				  registration is reinstated pursuant to this rule, whichever is later. The
				  period of suspension set forth in the order is a minimum period.
(2) A petition for reinstatement of a license
				  or registration that has been suspended or revoked shall be made in accordance
				  with this rule.
(3) If a license or
				  registration has been suspended for 6 months or less, it will be presumed that
				  the petitioner meets the requirements of section 7316, 16247(l), or 16248 of
				  the code, MCL 333. 7316, MCL 333. 16247, or MCL 333.16248, unless 1 of the
				  following applies:
(a) The order imposing the
				  suspension provides otherwise.
(b)
				  Another complaint has been filed and is pending at the end of the minimum
				  suspension period.
(c) A subsequent
				  disciplinary order has been entered.
(d) A petition with supporting affidavit has
				  been filed by a complaining party alleging that the petitioner has failed to
				  fulfill a term of the suspension order.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 7 - LICENSING AND REGULATORY AFFAIRS HEALTH CODE BOARDS › Section R. 792.10712 - Limited license; reclassification; standards and procedures

Current through Vol. 24-12, July 15, 2024
Rule 712.
(1) The
				  limitations on a license shall continue until the expiration of the period of
				  limitation set forth in the order or until the license is reclassified pursuant
				  to this rule, whichever is later. The period of limitation set forth in the
				  order is a minimum period.
(2) A
				  petition for reclassification of a license that has been limited shall be made
				  in accordance with this rule.
(3)
				  If a license is limited for 1 year or less, it is presumed that the petitioner
				  meets the requirements of section 7316 or 16249 of the code, MCL 333.7316 or
				  MCL 333.16249, unless 1 of the following provisions applies:
(a) The order imposing the limitations
				  provides otherwise.
(b) Another
				  complaint has been filed and is pending at the end of the period of
				  limitation.
(c) A subsequent
				  disciplinary order has been entered.
(d) A response in opposition to
				  reclassification has been filed by a complaining party alleging that the
				  petitioner has failed to fulfill a term of the order imposing the
				  limitations.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 7 - LICENSING AND REGULATORY AFFAIRS HEALTH CODE BOARDS › Section R. 792.10713 - Relicensure

Current through Vol. 24-12, July 15, 2024
Rule 713. Within 30 days after an application for
					 relicensure or registration is filed, the complaining party may file a response
					 to the application. If the response opposes relicensure or reregistration, a
					 hearing shall be scheduled. If the petitioner fails to appear at the scheduled
					 hearing, either in person or by counsel, the petitioner shall be deemed in
					 default. If a response is not filed, the license or registration shall be
					 issued.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 7 - LICENSING AND REGULATORY AFFAIRS HEALTH CODE BOARDS › Section R. 792.10714 - Affidavits

Current through Vol. 24-12, July 15, 2024
Rule 714.
(1) An
				  affidavit in support of a petition for reinstatement or reclassification shall
				  set forth the facts which would support a finding that the requirements and
				  conditions have been satisfied and shall be executed by a person who is able to
				  competently testify to the facts.
(2) Affidavits submitted in support of a
				  petition for reinstatement or reclassification are not considered as evidence
				  in an administrative hearing unless offered and accepted as evidence.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 8 - DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS CORPORATIONS, SECURITIES & COMMERCIAL LICENSING BUREAU › Section R. 792.10802 - Issuance of license or registration and change in licensure or registration status not a bar to discipline

Current through Vol. 24-12, July 15, 2024
Rule 802.
(1) The
				  relevant board or commission or the bureau may take disciplinary action based
				  upon conduct which occurred before the issuance of a license or registration
				  without regard to whether the bureau or a board or commission had notice of the
				  alleged grounds for discipline at the time the license or registration was
				  issued.
(2) The expiration,
				  surrender, lapse, suspension, or revocation of a license or registration does
				  not terminate the bureau's authority to proceed against a person under the
				  licensing law or a board, commission, or the administrators authority under
				  articles 5 and 6 of the occupational code, 1980 PA 299, MCL 339.501 to 339.606
				  to impose sanctions on a person whose license or registration has expired,
				  lapsed, or been surrendered, suspended, or revoked for the following, whichever
				  occurs later:
(a) For a period of 7 years
				  after the license or registration status change occurs.
(b) For a period of 3 years after all
				  complaints against the license or registration filed with the bureau have been
				  closed.
(c) Until the licensee or
				  registrant is in full compliance with all final orders issued to the licensee
				  or registrant.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 8 - DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS CORPORATIONS, SECURITIES & COMMERCIAL LICENSING BUREAU › Section R. 792.10803 - Determination of compliance with, or violation of, licensing law, rule, or order

Current through Vol. 24-12, July 15, 2024
Rule 803. In determining a violation of, or compliance
					 with, the licensing law, a rule promulgated pursuant to the licensing law, or
					 an order issued pursuant to the licensing law, the determination shall be made
					 on the basis of compliance or violation at the time of the alleged
					 violation.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 8 - DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS CORPORATIONS, SECURITIES & COMMERCIAL LICENSING BUREAU › Section R. 792.10804 - Appearance by counsel and service

Current through Vol. 24-12, July 15, 2024
Rule 804. The bureau may be represented by an assistant
					 attorney general. The bureau may also be represented or by an authorized
					 employee or agent of the bureau, if the licensing law so
					 provides.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 8 - DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS CORPORATIONS, SECURITIES & COMMERCIAL LICENSING BUREAU › Section R. 792.10805 - Evidence; prior adjudication of misconduct

Current through Vol. 24-12, July 15, 2024
Rule 805. Proof of adjudication of misconduct in a civil or
					 disciplinary proceeding or of a judgment of guilt in a criminal proceeding may
					 be used as evidence when relevant to establishing a violation of the licensing
					 law, a rule promulgated pursuant to the licensing law, or an order issued
					 pursuant to the licensing law, consistent with the occupational license for
					 former offenders act, 1974 PA 381, MCL 338.41 to 338.47. A copy of the court or
					 agency record that verifies the adjudication of misconduct or judgment of guilt
					 shall be admitted as evidence where there is no objection to its accuracy or
					 authenticity.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 8 - DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS CORPORATIONS, SECURITIES & COMMERCIAL LICENSING BUREAU › Section R. 792.10806 - Formal complaint allegations; burden of proof

Current through Vol. 24-12, July 15, 2024
Rule 806. The complaining party shall have the burden of
					 proving, by a preponderance of the evidence, the matters alleged in the formal
					 complaint.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 8 - DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS CORPORATIONS, SECURITIES & COMMERCIAL LICENSING BUREAU › Section R. 792.10807 - Hearing reports under occupational code and unarmed combat regulatory act; submission; recommendations

Current through Vol. 24-12, July 15, 2024
Rule 807.
(1)
				  Unless the parties have otherwise agreed to a disposition of the matter or as
				  otherwise provided in the licensing law, the administrative law judge, at the
				  close of the record on the matter, shall make findings of fact and conclusions
				  of law as part of a hearing report. The administrative law judge shall submit
				  the hearing report to the appropriate board or commission for the assessment of
				  penalties if a violation of the occupational code, 1980 PA 229, MCL 339.101 to
				  339.2919, or the unarmed combat regulatory act, 2004 PA 403, MCL 338.3601 to
				  338.3663 is found.
(2) If the
				  administrative law judge finds that the bureau has failed to meet its burden of
				  proof or has otherwise not complied with the law or rules pertaining to the
				  matter, he or she shall make findings of fact and conclusions of law to that
				  effect.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 8 - DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS CORPORATIONS, SECURITIES & COMMERCIAL LICENSING BUREAU › Section R. 792.10808 - Proposals for decision

Current through Vol. 24-12, July 15, 2024
Rule 808. At the close of the record in a contested case,
					 unless the parties have otherwise agreed to a disposition of the matter, or as
					 otherwise provided under a licensing law, an administrative law judge shall
					 issue a proposal for decision pursuant to the general hearing system rules for
					 proposals for decision.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 8 - DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS CORPORATIONS, SECURITIES & COMMERCIAL LICENSING BUREAU › Section R. 792.10809 - Accountancy standards violations

Current through Vol. 24-12, July 15, 2024
Rule 809. Consistent with section 513 of the occupational
					 code, 1980 PA 229, MCL 339.513, for a complaint involving professional
					 standards of practice under article 7 of the occupational code concerning
					 certified public accountants, a majority of the members of the accountancy
					 board who have not participated in an investigation of the complaint or who
					 have not attended a compliance conference related to the complaint shall sit to
					 make findings of fact in relation to the complaint.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 9 - DEPARTMENT OF COMMUNITY HEALTH PROVIDERS HEARING PROCEDURES › Subpart A - EMERGENCY MEDICAL SERVICES PERSONNEL LICENSING › Section R. 792.10901 - Scope

Current through Vol. 24-12, July 15, 2024
Rule 901. The procedures in this part apply to hearings
						involving advanced mobile emergency care services; limited, advanced mobile
						emergency care services; ambulances; and ambulance
						operations.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 9 - DEPARTMENT OF COMMUNITY HEALTH PROVIDERS HEARING PROCEDURES › Subpart A - EMERGENCY MEDICAL SERVICES PERSONNEL LICENSING › Section R. 792.10902 - Failure to participate

Current through Vol. 24-12, July 15, 2024
Rule 902. Failure to raise a defense on or before the
						hearing or to appear at the hearing shall be deemed an admission of the matters
						asserted in the compliance order. If the respondent fails to make an appearance
						or to contest the notice, the compliance order shall be final without any
						further proceeding.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 9 - DEPARTMENT OF COMMUNITY HEALTH PROVIDERS HEARING PROCEDURES › Subpart A - EMERGENCY MEDICAL SERVICES PERSONNEL LICENSING › Section R. 792.10903 - Agreement before final order

Current through Vol. 24-12, July 15, 2024
Rule 903.
(1) At
					 any time before a final order is issued, the parties may negotiate an agreement
					 containing consent findings and an order disposing of the whole or a part of
					 the case. This agreement shall be submitted to the administrative law judge who
					 shall rule upon it after considering the nature of the proceeding, the
					 representations of the parties, and the probability that the agreement will
					 result in a just disposition of the issues involved.
(2) The agreement containing consent findings
					 and an order disposing of a proceeding shall contain all of the following
					 provisions:
(a) The consent finding and order
					 shall have the same force and effect as if made after a full hearing.
(b) The record on which an order may be based
					 shall consist solely of the pleadings and the agreement.
(c) A waiver of any further proceedings
					 before the hearing officer and the director.
(d) A waiver of any right to challenge or
					 contest, in any forum, the validity of the consent findings and order made in
					 accordance with the agreement.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 9 - DEPARTMENT OF COMMUNITY HEALTH PROVIDERS HEARING PROCEDURES › Subpart B - MEDICAL SERVICES ADMINISTRATION MSA PROVIDER HEARINGS › Section R. 792.10904 - Definitions

Current through Vol. 24-12, July 15, 2024
Rule 904.
(1)
					 "Adverse action" includes, but is not limited to, all of the following:
(a) A suspension or termination of provider
					 participation in the medical assistance program.
(b) A denial of an applicant's request for
					 participation in the medical assistance program.
(c) A denial, revocation, or suspension of a
					 license or certification issued by the agency to allow a facility to
					 operate.
(d) The reduction,
					 suspension, or adjustment of provider payments.
(e) Retroactive adjustments following the
					 audit or review and determination of the daily reimbursement rates for
					 institutional providers.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 9 - DEPARTMENT OF COMMUNITY HEALTH PROVIDERS HEARING PROCEDURES › Subpart B - MEDICAL SERVICES ADMINISTRATION MSA PROVIDER HEARINGS › Section R. 792.10905 - Filing final determination notice with the hearing system

Current through Vol. 24-12, July 15, 2024
Rule 905. Within 30 days after receipt by the department
						of a hearing request, the medical services administration shall file a copy of
						the final determination notice and supporting documents with the hearing
						system.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 9 - DEPARTMENT OF COMMUNITY HEALTH PROVIDERS HEARING PROCEDURES › Subpart B - MEDICAL SERVICES ADMINISTRATION MSA PROVIDER HEARINGS › Section R. 792.10906 - Confidentiality

Current through Vol. 24-12, July 15, 2024
Rule 906. At all times during the procedures outlined in
						these rules, measures shall be taken to ensure the confidentiality of all
						privileged medical information and to safeguard the disclosure and use of
						information regarding recipients of medical assistance.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 9 - DEPARTMENT OF COMMUNITY HEALTH PROVIDERS HEARING PROCEDURES › Subpart C - LEGISLATION AND POLICY CERTIFICATE OF NEED › Section R. 792.10907 - Hearing request; eligibility; effect

Current through Vol. 24-12, July 15, 2024
Rule 907.
(1) An
					 applicant that receives either a proposed decision of the medical services
					 administration that disapproves 1 or more certificates of need or a notice of
					 reversal by the director of the department a proposed decision that is an
					 approval may request a hearing to demonstrate that the completed application
					 filed by the applicant meets the requirements for approval under part 222 of of
					 the public health code 1978 PA 368, MCL 333.22201 to 333.22260.
(2) The filing of a request for hearing shall
					 stay issuance of a final decision during the pendency of the hearing before the
					 hearing system.