reglab/statecodes huggingface dataset:
Michigan Administrative Code › Department - Agriculture and Rural Development › Environmental Stewardship Division › Farmland and Open Space Preservation › Part 4 - TERMINATION OF A DEVELOPMENT RIGHTS AGREEMENT OR EASEMENT › Section R. 554.744 - Approval or rejection

Current through Vol. 24-12, July 15, 2024
Rule 44.
(1)
				  Approval or rejection of a termination application shall be by vote of the
				  local governing body.
(2) The vote
				  may be taken at either a regularly scheduled meeting of the local governing
				  body or a special meeting called for the purpose of acting on the application.
				  In each case the applicant shall be notified in writing by the clerk at least 5
				  days prior to the meeting of the time and place of the meeting.
(3) The clerk shall certify the results and
				  date of the vote on the application.
(4) Within 10 days of the date the vote was
				  taken, the clerk shall notify the applicant of the local governing body's
				  decision. If rejected the local governing body shall provide the applicant with
				  a written statement citing the reasons for rejection.
(5) A locally approved termination
				  application for a farmland development rights agreement or for a designated
				  open space development rights easement, together with supporting materials,
				  shall be forwarded to the state land use agency within 10 days of the date of
				  approval by the local governing body.
(6) A copy of a locally approved termination
				  application for a local open space development rights easement, together with
				  copies of the supporting materials, shall be forwarded to the state land use
				  agency for informational purposes within 30 days of the date of approval by the
				  local governing body.
(7) The
				  60-day review period as provided in sections 36104 and 36106 of the act begins
				  with receipt of the termination application or appeal request by the state land
				  use agency.
(8) The applicant shall
				  be notified within 15 days of the date of approval or rejection by the state
				  land use agency. If rejected, the state land use agency shall provide the
				  applicant with a written statement citing the reasons for rejection.
(9) All open space development rights
				  termination applications approved by the state land use agency shall be
				  submitted within 30 days to the clerk of the house of representatives and
				  secretary of the senate. Copies shall be forwarded to all of the following:
(a) Chairman of the house taxation committee
				  and chairman of the senate taxation committee.
(b) Chairmen of the appropriations
				  committees.
(c) Directors of the
				  house fiscal agency and senate fiscal agency.
Michigan Administrative Code › Department - Agriculture and Rural Development › Environmental Stewardship Division › Farmland and Open Space Preservation › Part 4 - TERMINATION OF A DEVELOPMENT RIGHTS AGREEMENT OR EASEMENT › Section R. 554.745 - Appeals

Current through Vol. 24-12, July 15, 2024
Rule 45.
(1) The
				  applicant has 30 days from the date of notification by the clerk within which
				  to initiate an appeal of a rejection by the local governing body.
(2) An applicant's appeal request shall be by
				  certified letter to the state land use agency with the application as presented
				  to the local governing body, a copy of the reasons for rejection and all other
				  materials as required under
				  R
				  554.741.
(3) An applicant shall have 30 days to appeal
				  a rejection by the state land use agency. An appeal of a rejection by the state
				  land use agency shall be by certified letter to the office of the director of
				  the department.
Michigan Administrative Code › Department - Agriculture and Rural Development › Environmental Stewardship Division › Farmland and Open Space Preservation › Part 4 - TERMINATION OF A DEVELOPMENT RIGHTS AGREEMENT OR EASEMENT › Section R. 554.746 - Reapplication

Current through Vol. 24-12, July 15, 2024
Rule 46. The 1-year waiting period for reapplication as
					 provided in sections 36104 and 36106 of the act shall be from the date of
					 notification of the last rejection permitted under the act, or if the applicant
					 chooses not to appeal, from the date of expiration of the appeal
					 period.
Michigan Administrative Code › Department - Agriculture and Rural Development › Environmental Stewardship Division › Farmland and Open Space Preservation › Part 4 - TERMINATION OF A DEVELOPMENT RIGHTS AGREEMENT OR EASEMENT › Section R. 554.748 - Notice of change of eligible land owner

Current through Vol. 24-12, July 15, 2024
Rule 48. When the ownership of land covered by an agreement
					 or easement is transferred by sale or land contract, within 30 days of the date
					 of sale or execution of the land contract, by certified letter, the seller
					 shall advise the holder of the development rights of the new owner of the legal
					 title in the property accompanied by a signed declaration by the new owner that
					 he will observe all provisions of the agreement or easement and accept all
					 responsibilities of the agreement or easement until such time as it is
					 terminated.
Michigan Administrative Code › Department - Agriculture and Rural Development › Environmental Stewardship Division › Farmland and Open Space Preservation › Part 4 - TERMINATION OF A DEVELOPMENT RIGHTS AGREEMENT OR EASEMENT › Section R. 554.749 - Amendment procedures for development rights agreements and easements

Current through Vol. 24-12, July 15, 2024
Rule 49. A land owner seeking to alter or change the use of
					 the land from those uses specified in a development rights agreement or
					 easement shall file a request for an amendment to the agreement or easement
					 with the holder of the development rights specifying the exact nature of the
					 desired change and specific reasons for the change. This rule does not allow
					 the removal of land from a development rights agreement or
					 easement.
Michigan Administrative Code › Department - Agriculture and Rural Development › Environmental Stewardship Division › Farmland and Open Space Preservation › Part 4 - TERMINATION OF A DEVELOPMENT RIGHTS AGREEMENT OR EASEMENT › Section R. 554.750 - Purchase of development rights or acquisition of agricultural conservation easements determination of value

Current through Vol. 24-12, July 15, 2024
Rule 50. When a development rights easement or an
					 agricultural conservation easement is being acquired under section 36111b of
					 the act and the land considered for acquisition is encumbered by a farmland
					 development rights agreement under the act, enrollment in the development
					 rights agreement shall not be used in determining the fair market value under
					 section 36111b(4) of the act.
Michigan Administrative Code › Department - Agriculture and Rural Development › Environmental Stewardship Division › Farmland and Open Space Preservation › Part 4 - TERMINATION OF A DEVELOPMENT RIGHTS AGREEMENT OR EASEMENT › Section R. 554.751 - Oil and gas exploration and extraction on land enrolled in development rights easement or development rights agreement

Current through Vol. 24-12, July 15, 2024
Rule 51. The exploration and extraction of oil and gas on
					 land covered by a development rights easement or development rights agreement
					 is permitted provided the exploration and extraction operations does not
					 substantially hinder the open space character or farming operations.
					 Exploration and extraction activities may not commence until both of the
					 following occur:
(a) The state land
				  use agency has been notified, by certified mail, of the intended activity which
				  shall include a site plan for the proposed facilities.
(b) The state land use agency has made a
				  determination that the exploration or extraction operation, or both, does not
				  substantially hinder the farming operation.
Michigan Administrative Code › Department - Agriculture and Rural Development › Executive Division › RegulationNo 351 - Julian-Stille Value-Added Agricultural Development Fund › Part 1 - GENERAL PROVISIONS › Section R. 285.351 - Definitions

Current through Vol. 24-12, July 15, 2024
Rule 1.
(1) As
				  used in these rules:
(a) "Act" means sections
				  1 and 2 of 2000
				  PA322, MCL 285.301 and 285.302.
(b)
				  "Applicant" means any 1 of the following entities that does, or applies to do,
				  value-added agricultural processing or related agricultural production
				  operations, or both, in the state of Michigan:
(i) An individual.
(ii) A farmer-owned cooperative.
(iii) A partnership.
(iv) A limited liability company.
(v) A private or public
				  corporation.
(vi) A local unit of
				  government.
(vii) A producer-funded
				  commodity organization that is legislatively authorized in Michigan.
(c) "Application instructions"
				  means the document issued by the department to applicants that describes
				  information required to participate in the agricultural development fund
				  program in the given state fiscal year.
(d) "Business plan" means the documents that
				  define the business, identify the goals, and serve as the firm's resume. The
				  basic components include a current and pro forma balance sheet, an income
				  statement, and a cash flow analysis.
(e) "Department" means the Michigan
				  department of agriculture.
(f)
				  "Director" means the director of the department or his or her
				  designee.
(g) "Feasibility study"
				  means a written study document that consists of an expert analysis of all of
				  the following elements of the proposed venture:
(i) Economic feasibility.
(ii) Market feasibility.
(iii) Technical feasibility.
(iv) Financial feasibility.
(v) Management feasibility.
(h) "Grantee" means any applicant
				  to whom the director has awarded a grant from the agricultural development fund
				  on the project proposal.
(i) "Job"
				  means a direct employment position with the grantee created or retained as a
				  result of the completion of the project and expressed in terms of a full-time
				  equivalent as defined by the United States department of labor.
(j) "Public notification" means 1 or more
				  press releases sent to appropriate Michigan news media outlets and a public
				  posting on the department's web site.
(k) "Project" means a venture or an activity,
				  which is funded or proposed to be funded from the agriculture development fund.
(1) "Risk management" means the level at
				  which the applicant minimizes exposure to financial risk.
(2) Any financial terms or definitions shall
				  be consistent with generally accepted accounting principles, unless otherwise
				  defined in these rules.
(3) The
				  terms defined in the act have the same meanings when used in these
				  rules.
Michigan Administrative Code › Department - Agriculture and Rural Development › Executive Division › RegulationNo 351 - Julian-Stille Value-Added Agricultural Development Fund › Part 1 - GENERAL PROVISIONS › Section R. 285.352 - Application, submittal, election criteria, scoring, and decision process

Current through Vol. 24-12, July 15, 2024
Rule 2.
(1) The
				  department may conduct a grant program using monies from the agricultural
				  development fund pursuant to the purposes and provisions of the act and may
				  utilize up to 5% of the fund for administrative support of grant processing and
				  compliance. The program shall be a competitive grant program and applicants
				  shall make an application for monies from the fund pursuant to the act and
				  these rules.
(2) An application for
				  a grant from the agricultural development fund shall be made on a form or
				  format prescribed by the department for the purpose or purposes described in
				  the act.
(3) Not less than 60 days
				  before the application deadline, as determined by the director, the department
				  shall make a public notification of the grant program, including information on
				  the application form and application instructions that include the grant
				  evaluation criteria. The director may indicate certain priority program
				  initiatives or classes of agricultural commodities and products in the
				  application instructions based upon programmatic or funding changes for each
				  fiscal year.
(4) An application for
				  a grant shall be directed into 1 of the following 5 program categories:
(a) Detailed business plan development that
				  incorporates a specific marketing strategy and specifically outlines the
				  working capital and financial needs, management structure, construction,
				  production, marketing, and distribution needs.
(b) Market research and/or market development
				  project for a product(s) and/or service(s) prepared by an industry
				  consultant.
(c) Innovative
				  technology or technical assistance, including feasibility studies, that will
				  enhance and support the commercialization of value-added products.
(d) Upgrading, enhancements, and acquisitions
				  to buildings, equipment, utility modifications and improvements, transportation
				  installations, telecommunications infrastructure, or other infrastructure
				  improvements.
(e) Facility purchase
				  and/or construction, including property and/or land acquisition and assembly,
				  demolition, and site development.
The department may apportion available grant funds in any
					 manner for the 5 program categories in the application instructions.
Michigan Administrative Code › Department - Agriculture and Rural Development › Executive Division › RegulationNo 351 - Julian-Stille Value-Added Agricultural Development Fund › Part 1 - GENERAL PROVISIONS › Section R. 285.353 - Eligibility and documentation required

Current through Vol. 24-12, July 15, 2024
Rule 3.
(1) An
				  applicant for funding shall complete an application containing all of the
				  following:
(a) A clear description of a
				  proposed project or projects stating how the project is designed to establish,
				  retain, expand, attract, or develop value-added agricultural processing and
				  related agricultural production operations in this state.
(b) Documentation that the applicant or its
				  designated business venture has been established according to state law, is in
				  good standing, and is not in default of any federal, state, or local
				  taxes.
(c) Measurable outcomes of
				  the project. All jobs that are created or retained shall be clearly a direct
				  result of the project. The expected impact of the project on the local economy
				  shall be identified.
(d)
				  Documentation of guaranteed matching funds shall be provided.
(e) A record or portion of a record,
				  material, or other data received, prepared, used, or retained in connection
				  with an application to, or with a project or product assisted by, a grant that
				  relates to financial or proprietary information submitted by the applicant that
				  is considered by the applicant and acknowledged by the review panel as
				  confidential shall not be subject to the disclosure requirements of the freedom
				  of information act, 1976 PA 442, MCL 15.231 to 15.246.
Michigan Administrative Code › Department - Agriculture and Rural Development › Executive Division › RegulationNo 351 - Julian-Stille Value-Added Agricultural Development Fund › Part 2 - REPORTING AND COMPLIANCE REQUIREMENTS › Section R. 285.354 - Contractual agreements

Current through Vol. 24-12, July 15, 2024
Rule 4. A contractual agreement between the department and
					 the grantee is required for all projects authorized under the act. This
					 agreement will detail the terms and conditions of the approved project between
					 the department and the grantee.
Michigan Administrative Code › Department - Agriculture and Rural Development › Executive Division › RegulationNo 805 - Matching Assistance to Fairs › Section R. 285.805.1 - Definitions

Current through Vol. 24-12, July 15, 2024
Rule 1.
(1) As used
				in these rules:
(a) "Act" means Act No. 327
				of the Public Acts of 1980, as amended, being S431.61 et seq. of the Michigan
				Compiled Laws.
(b) "Association"
				means a corporation which is organized pursuant to a law of this state and
				which is governed by an elected board of directors. The term also means an
				association or board which functions pursuant to the provisions of Act No. 11
				of the Public Acts of 1929, being S46.151 et seq. of the Michigan Compiled
				Laws, and which conducts a fair.
(c) "Commission" means the commission of
				agriculture.
(d) "Department" means
				the Michigan department of agriculture
(e) "Director" means the director of the
				department.
(f) "Equipment" means
				implements or apparatus which is rented during the time of the fair and which
				is limited to the following:
(i)
				Communications systems.
(ii)
				Computer software and hardware.
(iii) Display equipment.
(iv) Electric timing devices.
(v) Horse/pony/mule/tractor pulling
				machines.
(vi) Photo finish
				equipment (light horse races).
(vii) Portable bleachers.
(viii) Portable toilets.
(ix) Starting gates.
(x) Tents.
(g) "Fair buildings" means the buildings
				which are used for fair purposes and which are owned by a fair association or a
				political subdivision.
(h)
				"Grounds" means the land which is used for fair purposes and which is owned by
				a fair association or a political subdivision.
(i) "Proposed annual plan" means a document
				which is prepared by the association and submitted to the department at the
				time of application for funds and which describes the activities in eligible
				categories that the association intends to complete in the coming year and the
				budget allocation to each category.
(j) "Racetrack" means a track which is used
				for horse races and which may include the fence around the track, the hubrail,
				and the infield.
Michigan Administrative Code › Department - Agriculture and Rural Development › Executive Division › RegulationNo 805 - Matching Assistance to Fairs › Section R. 285.805.2 - Qualifications for allotments

Current through Vol. 24-12, July 15, 2024
Rule 2.
(1) A fair
				shall have been conducted for a period of not less than 3 years before the time
				of application for matching assistance.
(2) Matching assistance may be made only to a
				fair association which does not receive state funds for building, race track,
				grounds improvement and equipment rental projects directly from any other
				source for the same project.
Michigan Administrative Code › Department - Agriculture and Rural Development › Executive Division › RegulationNo 805 - Matching Assistance to Fairs › Section R. 285.805.3 - Application and approval for allotments

Current through Vol. 24-12, July 15, 2024
Rule 3.
(1) The
				president and secretary of an association that requests funds shall file a
				proper application, on forms provided by the department, in duplicate, within
				120 days after the close of the fair or exposition. The application shall
				include a proposed annual plan that lists the activities in eligible categories
				and the estimated cost for each category. The state may participate on a 1/2
				matching basis on cost but shall not pay more than $8,000.00 per fair for any 1
				fiscal year. The match shall not be more than 1/2 of the fair market value for
				applicable materials and labor.
(2)
				An application shall be accompanied by a resolution approving the application
				that is passed by the fair's board of directors or its duly authorized
				executive committee.
(3) The
				president or secretary of the association shall submit such additional
				information as may be required by the director in considering the
				application.
(4) A lease-purchase
				agreement is an acceptable method of equipment rental.
(5) A fair shall submit an application each
				year to be eligible for funding.
Michigan Administrative Code › Department - Agriculture and Rural Development › Executive Division › RegulationNo 805 - Matching Assistance to Fairs › Section R. 285.805.4 - Submittal of fair's cash receipts and disbursement statement; records maintenance

Current through Vol. 24-12, July 15, 2024
Rule 4.
(1) Within
				120 days after the close of a fair, an association shall submit, to the
				department, unless notified otherwise, the fair's cash receipts and
				disbursement statement with all eligible expenses summarized in the following
				categories:
(a) Equipment rental during the
				fair.
(b) Grounds
				improvement.
(c) Capital
				improvements.
(d) Maintenance and
				repair.
(e) Racetrack maintenance
				and repair.
Michigan Administrative Code › Department - Agriculture and Rural Development › Executive Division › RegulationNo 805 - Matching Assistance to Fairs › Section R. 285.805.5 - Inspection of grounds

Current through Vol. 24-12, July 15, 2024
Rule 5. An inspection of a fair's grounds may be conducted by
				  the department to see that the money spent is consistent with the annual plan
				  and the fair's cash receipts and disbursement statement and that capital
				  improvements were made.
Michigan Administrative Code › Department - Agriculture and Rural Development › Executive Division › RegulationNo 805 - Matching Assistance to Fairs › Section R. 285.805.6 - Initial payment; final payment

Current through Vol. 24-12, July 15, 2024
Rule 6.
(1) The
				department will provide the association up to 1/2 of the value of the proposed
				annual plan or a prorated share of the appropriation, whichever is less. Final
				payment will be paid on the actual expenses as reported in the cash receipts
				and disbursement statement, on a 1/2 matching basis, and shall not be more than
				$8,000.00 in any 1 fiscal year, unless otherwise authorized by the
				legislature.
(2) Allocated and
				unused funds will be redistributed, on a prorated basis, to fairs that have
				eligible costs that exceed their original allocations.
Michigan Administrative Code › Department - Agriculture and Rural Development › Executive Division › RegulationNo 805 - Matching Assistance to Fairs › Section R. 285.805.8 - Rescission

Current through Vol. 24-12, July 15, 2024
Rule 8. R 285.804 of the Michigan Administrative Code,
				  appearing on page 1325 of the 1979 Michigan Administrative Code, is
				  rescinded.
Michigan Administrative Code › Department - Agriculture and Rural Development › Executive Division › RegulationNo 808 - Payment of Breeder's Awards › Section R. 285.808.1 - Definitions

Current through Vol. 24-12, July 15, 2024
Rule 1. As used in these rules:
(a) "Breeder" means a person or persons
				domiciled in Michigan and owning a mare at the time of breeding.
(b) "Director" means the director of the
				Michigan department of agriculture.
(c) "Domicile" means the fixed, permanent,
				and principal home to which a person intends to return.
(d) "Fair" means a county, district,
				community, or 4-H fair, and any other state fair in Michigan which has been
				approved by the director to conduct harness horse races during the
				fair.
(e) "Fairs, exhibitions and
				racing division" means the fairs, exhibitions and racing division of the
				Michigan department of agriculture.
(f) "Gross purse" means the total dollar
				amount raced for in each individual heat of racing.
(g) "Lessee" means a person who is domiciled
				in Michigan and who leases a stallion, which has been recorded with the
				U.S.T.A., register as the lessee of a horse. A copy of the lease shall be filed
				with the fairs, exhibitions and racing division.
(h) "Licensed racetrack" means an association
				licensed by the Michigan racing commissioner to conduct harness horse races in
				Michigan.
(i) "Michigan-bred horse"
				means the first foal per year, with the exception of twins carried to term by
				the natural mother, which is from a Michigan-owned standard bred mare at the
				time of breeding and which is sired by a Michigan-owned or leased standard bred
				stallion, duly registered with the fairs, exhibitions and racing
				division.
(j) "Owner" means the
				person or persons domiciled in Michigan and recorded with the U.S.T.A.
				register.
(k) "Person" means an
				individual, partnership, association, or corporation.
(l) "U.S.T.A." means the United States
				trotting association.
Michigan Administrative Code › Department - Agriculture and Rural Development › Executive Division › RegulationNo 808 - Payment of Breeder's Awards › Section R. 285.808.1a - Determination of domicile

Current through Vol. 24-12, July 15, 2024
Rule 1a. Factors to be considered in determining domicile are
				  as follows:
(a) Voting registration or
				alien registration showing a Michigan address.
(b) Federal income tax return showing a
				Michigan address.
(c) State income
				tax return showing a Michigan address.
Michigan Administrative Code › Department - Agriculture and Rural Development › Executive Division › RegulationNo 808 - Payment of Breeder's Awards › Section R. 285.808.2 - Breeders' awards

Current through Vol. 24-12, July 15, 2024
Rule 2.
(1) The
				director shall pay a breeders' award, in an amount not to exceed 10% of the
				gross purse, to the breeder of a Michigan-bred horse each time that horse wins
				at a fair or licensed racetrack in Michigan.
(2) Breeders' award are not assignable and
				are not inheritable, and the director is under no obligation to pay the awards
				other than as provided in these rules.
(3) Breeders' awards shall only be payable
				for wins after the date the mare is properly registered with the fairs and
				racing division.
Michigan Administrative Code › Department - Agriculture and Rural Development › Executive Division › RegulationNo 808 - Payment of Breeder's Awards › Section R. 285.808.2a - Registration

Current through Vol. 24-12, July 15, 2024
Rule 2a.
(1) To
				receive payment of a breeders' award, a standard bred mare shall have been
				registered by each owner with the fairs and racing division before a
				win.
(2) Standard bred stallions
				shall be registered by each owner or lessee with the fairs and racing division
				by January 1 of the year in which that stallion will be standing at service in
				Michigan for eligibility to qualify for breeders' awards. A copy of the lease
				agreement shall accompany the registration for a leased stallion.
(3) A newly acquired stallion, which has not
				been in Michigan for breeding purposes before January 1 of a given year and
				which has not serviced a mare after December 31 of the preceding year, shall be
				registered with the department of agriculture before servicing a mare if the
				stallion's get is to be eligible for breeders' awards.
Michigan Administrative Code › Department - Agriculture and Rural Development › Executive Division › RegulationNo 808 - Payment of Breeder's Awards › Section R. 285.808.3 - Provision of copies o f race programs to director by racing associations; p rovision of programs and race sheets to director by secretary of fair; burden of proof with respect to eligibility

Current through Vol. 24-12, July 15, 2024
Rule 3.
(1) Licensed
				racing associations shall provide the director with copies of each day's race
				program at least once each week. The winner of each race shall be checked on
				the program and shall be certified as being the true winner.
(2) The secretary of the fair shall provide
				the director with copies of each day's race program, together with the harness
				horse race result sheet. (Form FF-18), for the fair's races. The winner of each
				race shall be checked on the program and shall be certified as being the true
				winner.
(3) If the eligibility of a
				breeder to receive a breeder's award is questioned, the burden of proving that
				the horse is a Michigan-bred horse or is in compliance with these rules rests
				with the breeder or breeders.
Michigan Administrative Code › Department - Agriculture and Rural Development › Executive Division › RegulationNo 809 - Thoroughbred Allotments for Training and Stabling Facilities › Section R. 285.809.1 - Definitions

Current through Vol. 24-12, July 15, 2024
Rule 1. As used in these rules:
(a) "Applicant" means an individual,
				partnership, association, or corporation applying for thoroughbred training and
				stabling facility state funds.
(b)
				"Department" means the department of agriculture.
(c) "Director" means the director of
				agriculture.
(e) "Training track"
				means a track with a cushion adequate to condition horses.
Michigan Administrative Code › Department - Agriculture and Rural Development › Executive Division › RegulationNo 809 - Thoroughbred Allotments for Training and Stabling Facilities › Section R. 285.809.2 - Allotments; qualifications

Current through Vol. 24-12, July 15, 2024
Rule 2.
(1) An
				applicant receiving an allotment shall not require persons using the facilities
				to be members of an association or organization.
(2) An allotment may be made only to an
				applicant who does not receive state funds for thoroughbred training and
				stabling from any other state source.
Michigan Administrative Code › Department - Agriculture and Rural Development › Executive Division › RegulationNo 809 - Thoroughbred Allotments for Training and Stabling Facilities › Section R. 285.809.3 - Allotments; application and approval

Current through Vol. 24-12, July 15, 2024
Rule 3.
(1) The
				applicant requesting funds shall file a proper application with the director,
				in duplicate, on forms provided by the department, on or before May 1 preceding
				the states fiscal year for which an allotment is being requested. The date set
				forth in this subrule shall not apply for the first year these rules are in
				effect.
(2) The department shall
				given written notice of approval or disapproval of an application within 30
				days after its receipt.
(3)
				Allotments for the 1983 race season may be retroactive to January
				1,1983.
Michigan Administrative Code › Department - Agriculture and Rural Development › Executive Division › RegulationNo 809 - Thoroughbred Allotments for Training and Stabling Facilities › Section R. 285.809.4 - Stabling facilities

Current through Vol. 24-12, July 15, 2024
Rule 4.
(1) Michigan
				owners shall be given preference over persons from outside Michigan for
				training and stabling.
(2) Stalls
				shall be not less than 80 square feet per horse.
(3) Water shall be provided to each building
				used.
(4) The applicant shall
				provide to the department a sworn statement showing that all local ordinances
				have been met.
(5) Conveniently
				located restrooms and washroom facilities shall be provided on the grounds for
				persons renting stabling facilities.
(6) All manure shall be removed from the
				grounds i accordance with acceptable training track practices.
Michigan Administrative Code › Department - Agriculture and Rural Development › Executive Division › RegulationNo 809 - Thoroughbred Allotments for Training and Stabling Facilities › Section R. 285.809.5 - Training facilities

Current through Vol. 24-12, July 15, 2024
Rule 5.
(1) A
				training track on which thoroughbred horses train shall be maintained in a
				manner suitable for training horses, or an auxiliary track shall be made
				available.
(2) The training track
				shall be available for training thoroughbred horses for a period of not less
				than 6 hours per day, unless written consent for a variance is given by the
				director.
Michigan Administrative Code › Department - Agriculture and Rural Development › Executive Division › RegulationNo 809 - Thoroughbred Allotments for Training and Stabling Facilities › Section R. 285.809.6 - Final approval

Current through Vol. 24-12, July 15, 2024
Rule 6. After an application has been submitted, the
				  department shall conduct an inspection of the total facility to determine that
				  the facility meets the standards described in R 285.809.4 and
				  R285.809.5.
Michigan Administrative Code › Department - Agriculture and Rural Development › Executive Division › RegulationNo 809 - Thoroughbred Allotments for Training and Stabling Facilities › Section R. 285.809.7 - Allotments; uses

Current through Vol. 24-12, July 15, 2024
Rule 7.
(1) The
				department may allot funds, not to exceed 1% of the revenue received from
				thoroughbred racing in Michigan, to qualified applicants who have conformed to
				all other provisions of these rules.
(2) An applicant shall submit to the
				department, within 30 days of the conclusion of the training period, a sworn
				statement of the number of stalls rented and the period of time for which they
				were rented.
(3) An applicant shall
				provide any additional information requested by the director which is necessary
				to process the applicants claim.
(4) Facilities shall be available and the
				track shall be in training condition for the training period approved by the
				department in accordance with the applicants application.
(5) A rental rate charged to a person for
				training or stabling at an approved training track shall be approved by the
				director.
(6) The state of Michigan
				shall not be held responsible for liabilities involving training and
				stabling.
(7) Records pertaining to
				rental of facilities shall be kept by the applicant and made available to state
				auditors for not less than 4 years.
Michigan Administrative Code › Department - Agriculture and Rural Development › Executive Division › RegulationNo 810 - Thoroughbred Breeders' Awards and State Supplements › Section R. 285.810.1 - Definitions

Current through Vol. 24-12, July 15, 2024
Rule 1. As used in these rules:
(a) ABreeder@ means an individual,
				partnership, association, or corporation that owns a mare at the time of
				foaling. The lessee of a mare, which is registered with the jockey club,
				incorporated, at the time of foaling, is deemed the owner of the
				mare.
(b) AConditions@ means the
				specification of terms under which a race is conducted.
(c) ADepartment@ means the Michigan
				department of agriculture.
(d)
				ADirector@ means the director of the department or his or her
				designee.
(e) AEarned track purse@
				means the portion of a purse offered by a thoroughbred racing association that
				is awarded for the order of finish up to 3 placings, but does not include a
				state supplement or any other awarded funds.
(f) AFoaling year@ means the calendar year in
				which the mare foaled.
(g)
				AMichigan-bred horse@ means a horse that meets the requirements of R
				285.810.2.
(h) AOwner@ means an
				individual, partnership, association, or corporation which owns a Michigan-bred
				horse and which is licensed under section 16 of Act No. 279 of the Public Acts
				of 1995, being '431.316 of the Michigan compiled laws.
(i) AState supplement@ means money allocated
				by the director from state funds for an approved race conducted exclusively for
				Michigan-bred horses.
(j)
				AThoroughbred racing association@ means an association licensed by the Michigan
				racing commissioner to conduct thoroughbred horse races in Michigan.
(k) ATrack purse@ means the money offered by
				a thoroughbred racing association for 1 race, but does not include a state
				supplement.
(l) AFirst-time
				breeder@ is an individual, partnership, or corporation that has never
				registered as a breeder with the department. Any partnership or corporation of
				which any part of the ownership has registered as a breeder with the department
				is not eligible as a first-time breeder.
Michigan Administrative Code › Department - Agriculture and Rural Development › Executive Division › RegulationNo 810 - Thoroughbred Breeders' Awards and State Supplements › Section R. 285.810.2 - Eligibility of foals for breeders= awards, owners= awards, and state supplements

Current through Vol. 24-12, July 15, 2024
Rule 2.
(1) To be
				eligible for breeders= awards, owners= awards, and state supplements, an owner
				shall comply with all of the following provisions:
(a) A mare shall be registered with the
				director by February 15 of the foaling year.
(b) A foal shall be from a mare which was
				registered with the director and which was in Michigan on or before February 15
				of the foaling year. The mare shall remain in this state until foaling and for
				not less than 7 months of the foaling year.
(c) The jockey club, incorporated,
				certificate of foal registration shall state: Afoaled in Michigan,
				U.S.A.@
(d) Within 15 days of the
				date of departure of a registered mare, an owner shall give the director
				written notice of the mare's departure from Michigan. In addition, an owner
				shall give the director written notice of the mare's return to Michigan within
				15 days of the date of return.
(e)
				A department Michigan-bred certificate of thoroughbred foal eligibility shall
				accompany the jockey club, incorporated, certificate at the time of entry in a
				race. The certificate shall be issued 48 hours or more before post
				time.
Michigan Administrative Code › Department - Agriculture and Rural Development › Executive Division › RegulationNo 810 - Thoroughbred Breeders' Awards and State Supplements › Section R. 285.810.3 - Eligibility of races for supplements

Current through Vol. 24-12, July 15, 2024
Rule 3.
(1) State
				supplements shall be allocated for the following Michigan-bred horse races:
(a) Thoroughbred races approved by the
				director.
(b) The following stake
				races shall be run each year at one of the thoroughbred tracks operated by a
				licensed association:
(i) Michigan futurity,
				2-year-olds.
(ii) "Sickles Image"
				stake, 2-year-old, 2 divisions, (1) colts and geldings, (2) fillies.
(iii) "Lansing" stake, 3-year-olds, 2
				divisions, (1) colts and geldings, (2) fillies.
(iv) "Michigan Breeders" stake, 3-year-olds
				and up.
(v) "Little Ones" stake,
				2-year-olds, 2 divisions, (1) colts and geldings, (2) fillies.
(vi) "Dowling" stake, 3-year olds, 2
				divisions, (1) colts and geldings, (2) fillies.
(vii) "Frontier" stake, 3-year-olds and
				up.
(viii) Larkspur - 3-year-old
				and up - fillies and mares.
(ix)
				Moonbeam - 3-year-old and up - fillies and mares.
(x) Regret - 3-year-old fillies.
(xi) Michigan oaks - 3-year-old fillies.
Michigan Administrative Code › Department - Agriculture and Rural Development › Executive Division › RegulationNo 810 - Thoroughbred Breeders' Awards and State Supplements › Section R. 285.810.4 - Conditions for races; allocations of state supplements

Current through Vol. 24-12, July 15, 2024
Rule 4.
(1) The
				racing association of the track where Michigan-bred horse races are to be
				conducted shall propose conditions and purses for all Michigan-bred horse
				races, including the distances to be run for specified stakes races in R
				285.810.3. The conditions of all Michigan-bred horse races are subject to the
				approval of the director. The track shall submit race conditions to the
				director, in writing, not less than 18 calendar days before the first race is
				conducted for each condition book at each track. Changes in the conditions
				shall be submitted by the track to the director not less than 24 hours before
				the race is conducted.
(2) The
				director, with the advice of a representative of licensed thoroughbred racing
				associations, a certified thoroughbred horsemen's organization, and the
				Michigan thoroughbred breeders and owners association, shall determine the
				allocation of state supplements.
(3) The director shall announce, not later
				than 14 calendar days after receiving the proposed racing conditions, his or
				her allocation of state supplements to purses for each of the approved
				Michigan-bred horse races in the condition book. If proposed conditions of the
				Michigan-bred horse races are not submitted to the director within the time
				fixed by subrule (1) of this rule, then the director may allocate state
				supplements for Michigan-bred horse races at his or her discretion, but state
				supplements shall not be allocated more than 24 hours before post time for the
				race. A state supplement shall not be allocated to a Michigan-bred horse race
				after the race has been run if the race was not approved by the
				director.
(4) An extra
				Michigan-bred horse race shall be proposed by the track to the director by
				phone or other means 24 hours or more before post time for tentative approval.
				The track shall follow the proposal with a written proposal postmarked not
				later than the day of the race.
(5)
				If an approved Michigan-bred horse race does not fill, then a substitute race
				may be proposed by the track to the director by phone or other means 24 hours
				or more before post time for tentative approval. The track shall follow the
				proposal with a written proposal postmarked not later than the day of the
				race.
Michigan Administrative Code › Department - Agriculture and Rural Development › Executive Division › RegulationNo 810 - Thoroughbred Breeders' Awards and State Supplements › Section R. 285.810.5 - Breeders' awards

Current through Vol. 24-12, July 15, 2024
Rule 5.
(1) The
				director shall pay a breeder's award, in an amount specified by law, to the
				breeder of a Michigan-bred horse each time such horse wins at a licensed track
				in this state. If more than 1 winner is declared, each breeder is entitled to a
				full breeder's award. A breeder's award shall not be paid for races won after
				the date of death of a breeder.
(2)
				A right to a breeder's award is not assignable and is not inheritable. The
				director is not obligated to pay breeder's awards in excess of available funds
				or other than as provided in these rules.
Michigan Administrative Code › Department - Agriculture and Rural Development › Executive Division › RegulationNo 810 - Thoroughbred Breeders' Awards and State Supplements › Section R. 285.810.6 - Payment of breeders= awards, owners= awards, and state supplements

Current through Vol. 24-12, July 15, 2024
Rule 6.
(1) The
				racing commissioner shall certify, to the director, at the completion of
				racing, in each condition book, the results of all races won by Michigan-bred
				horses and their breeders and the results of all races in which a Michigan-bred
				horse finished first, second, or third in a race that was not restricted to
				Michigan-bred horses.
(2) If the
				eligibility of a breeder or owner to receive a breeders= award or owners= award
				is questioned, then the burden of proof that a horse was Michigan-bred or is in
				compliance with these rules is on the breeder and owner.
(3) State supplements and owners= awards may
				be paid to the owners of winning horses at least twice each year, after June 30
				and after December 31, upon certification under this rule.
(4) Payment of breeders= awards and owners=
				awards shall be processed at least twice each year, after June 30 and after
				December 31.
Michigan Administrative Code › Department - Agriculture and Rural Development › Executive Division › RegulationNo 810 - Thoroughbred Breeders' Awards and State Supplements › Section R. 285.810.8 - Rescission

Current through Vol. 24-12, July 15, 2024
Rule 8. Regulation No. 807, entitled "Purses for
				  Michigan-bred Horses at Licensed Tracks, State Allocations," being R 285.807.1
				  to R 285.807.4 of the Michigan Administrative Code and appearing on pages 3144
				  and 3145 of the 1964-65 Annual Supplements to the Code, is
				  rescinded.
Michigan Administrative Code › Department - Agriculture and Rural Development › Executive Division › RegulationNo 810 - Thoroughbred Breeders' Awards and State Supplements › Section R. 285.810.9 - Owners= awards

Current through Vol. 24-12, July 15, 2024
Rule 9.
(1) An award
				of up to 30% of the earned track purse shall be paid to the purse account of
				the owner of a Michigan-bred horse that finishes first, second, or third in an
				eligible race that was not restricted to Michigan-bred or sired horses at a
				state-licensed pari-mutuel track in Michigan.
(2) The director, with advice from the
				certified thoroughbred horsemen's organization and the Michigan thoroughbred
				breeders and owners association, shall determine the allocation of owners=
				award percentages.
(3) A single
				owners= award is limited to $10,000.00.
Michigan Administrative Code › Department - Agriculture and Rural Development › Executive Division › RegulationNo 810 - Thoroughbred Breeders' Awards and State Supplements › Section R. 285.810.10 - Payment of owners= awards

Current through Vol. 24-12, July 15, 2024
Rule 10.
(1) The
				racing commissioner shall certify, to the director, at the completion of
				racing, in each condition book, the names of the owners of all Michigan-bred
				horses that finished first, second, or third in a race that was not restricted
				to Michigan-bred or sired horses.
(2) If the eligibility of an owner to receive
				an owners= award is questioned, then the burden of proof that a horse was
				Michigan-bred or is in compliance with these rules is on the owner.
(3) Owners= awards are paid in the same
				manner as state purse supplements under R 285.810.6.
Michigan Administrative Code › Department - Agriculture and Rural Development › Executive Division › RegulationNo 811 - Premium Allocation To Fairs And Expositions › Section R. 285.811.1a - Judging

Current through Vol. 24-12, July 15, 2024
Rule 1a.
(1) Judging
				shall occur during or not more than 3 days before the opening day of the fair
				or exposition, unless otherwise approved by the director or his or her
				designee.
(2) Carcass exhibits may
				be judged and displayed at a different location.
(3) All exhibits shall be judged by using the
				American or Danish system for judging in competition; however, if there is only
				1 entry in a class, then the exhibits shall be judged against standards
				accepted by the association.
(4)
				Judges shall not have a management or supervisory role at the fair or
				exposition. There shall not be an ongoing and direct relationship between the
				judge and any employee or exhibitor within class or classes being
				judged.
Michigan Administrative Code › Department - Agriculture and Rural Development › Executive Division › RegulationNo 811 - Premium Allocation To Fairs And Expositions › Section R. 285.811.2 - Qualifications for allotments

Current through Vol. 24-12, July 15, 2024
Rule 2.
(1) An
				association receiving an allotment shall not limit the entries of the entire
				fair or exposition to members of an association or organization.
(2) A fair or exposition shall be conducted
				for a period of not less than 3 years before consideration for financial
				assistance except as provided for in R 285.811.2(3).
(3) If an existing fair or exposition is
				determined to have mismanaged state funds or suspends or ceases operations and
				another entity servicing the same geographic area elects to incorporate as an
				agricultural society, then that entity may apply for state funding during the
				first year of operation. The first payment shall be made after the completion
				of the first year's fair or exposition.