Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 2 - TAX TRIBUNAL › Subpart B - MATTERS BEFORE ENTIRE TRIBUNAL › Section R. 792.10219 - Commencement of contested cases; motions to amend to add a subsequent tax year; election of small claims division and entire tribunal; other filings; notice of no action

Current through Vol. 24-12, July 15, 2024
Rule 219.
(1) A
					 contested case is commenced by mailing, delivering, or submitting through the
					 tribunal's e-filing system a petition with the appropriate filing fee within
					 the time period prescribed by statute.
(2) A motion to amend a property tax appeal
					 petition to include an assessment in a subsequent tax year is considered filed
					 within the time period prescribed by statute if it has been mailed, delivered,
					 or submitted through the tribunal's e-filing system with the appropriate filing
					 fee on or before the expiration of the applicable time period.
(3) If a petitioner files a defective
					 petition and the tribunal is unable to determine the division of the tribunal
					 in which the petitioner intended to file the contested case, the petitioner is
					 presumed to have elected to have the matter heard in the small claims division.
					 If a motion to transfer is filed after the scheduling of the hearing and the
					 motion is granted by the tribunal, the moving party shall pay all tribunal
					 filing fees and any reasonable costs that the tribunal determines may be
					 incurred by the opposing party as a direct result of the transfer.
(4) Pleadings, motions, documents, and
					 exhibits are considered filed upon mailing or delivery. Pleadings, motions,
					 documents, and exhibits may also be submitted through the tribunal's e-filing
					 system. Pleadings, motions, documents, and exhibits submitted through the
					 tribunal's e-filing system are considered filed upon successful submission of
					 the pleading, motion, document, or exhibit. Unsuccessful submissions through
					 the tribunal's e-filing system due to a system-wide outage are considered
					 timely if filed on the following business day. Pleadings, motions, other than a
					 motion to amend a property tax appeal petition to include an assessment in a
					 subsequent tax year, documents, and exhibits may be submitted by email to the
					 email address designated by the tribunal. Pleadings, motions, documents, and
					 exhibits submitted by email to the email address designated by the tribunal are
					 considered filed when the email is received by the tribunal.
(5) A submission by mail is considered filed
					 on the date indicated by the United States Postal Service postmark on the
					 envelope containing the submission. A submission without a postmark or with an
					 illegible postmark is considered filed on the date the submission is received
					 by the tribunal. A submission by commercial delivery service is considered
					 filed on the date the submission is given to the commercial service for
					 delivery to the tribunal as indicated by the receipt date on the package
					 containing the submission. A submission by personal service is considered filed
					 on the date the submission is received. A submission through the tribunal's
					 e-filing system by 11:59 p.m. on a business day is considered filed on that
					 business day. A submission by email to the email address designated by the
					 tribunal by 11:59 p.m. on a business day is considered filed on that business
					 day. A submission on a Saturday, a Sunday, or a holiday is considered filed on
					 the following business day, as provided by section 35a of the tax tribunal act,
					 MCL 205.735a.
(6) If a motion filed by mail, delivery, or
					 through the tribunal's e-filing system is not accompanied by the required
					 filing fee, the tribunal shall issue a notice of no action. If a motion is
					 submitted by email to the email address designated by the tribunal and the
					 required filing fee is not paid within 14 days after the date the motion was
					 emailed, the tribunal may issue a notice of no action or an order holding the
					 party that filed the motion in default. If the required filing fee is paid
					 within 14 days after the issuance of the notice of no action, action shall be
					 taken on the motion based on the date that the motion was originally submitted
					 to the tribunal. If the required filing fee is not paid within 14 days after
					 the issuance of the notice of no action, no action shall be taken on the
					 motion.
(7) If a motion or
					 document, other than a petition, is not accompanied by a required proof of
					 service, the tribunal shall issue a notice of no action. If the required proof
					 of service is filed within 14 days after the issuance of the notice of no
					 action, action shall be taken on the motion or document based on the date the
					 motion or document was originally submitted to the tribunal. If the required
					 proof of service is not filed within 14 days after the issuance of the notice
					 of no action, no action shall be taken on the motion or document.
(8) If a motion and brief or response and
					 brief does not comply with the written motion practice requirements indicated
					 in R 792.10225(5),
					 the tribunal shall issue a notice of no action. If a notice of no action is
					 issued because a motion and brief does not comply with the written motion
					 practice requirements and a motion and brief complying with those requirements
					 is not filed within 14 days after the issuance of the notice of no action, no
					 action shall be taken on the motion. If a notice of no action is issued because
					 a response and brief does not comply with the written motion practice
					 requirements and a response and brief complying with those requirements is not
					 filed within 14 days after the issuance of the notice of no action, action
					 shall be taken on the motion based on the motion and brief only.