reglab/statecodes huggingface dataset:
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 1 - GENERAL › Section R. 792.10115 - Motion practice

Current through Vol. 24-12, July 15, 2024
Rule 115.
(1) All
				  requests for action addressed to the administrative law judge, other than
				  during a hearing, must be made in writing. Written requests for action must
				  state specific grounds and describe the action or order sought. A copy of all
				  written motions or requests for action must be served pursuant to these
				  rules.
(2) Except as otherwise
				  approved by the administrative law judge, all motions must be filed at least 14
				  days before the date set for hearing unless other scheduling provisions prevent
				  compliance with this timeline or the need for the motion was not reasonably
				  foreseeable 14 days before the hearing.
(3) A response to a motion may be filed
				  within 7 days after service of the written motion unless otherwise ordered by
				  the administrative law judge or unless other scheduling provisions prevent
				  compliance with this timeline. Either party may request an expedited
				  ruling.
(4) All motions and
				  responses must include citations to supporting authority and, if germane,
				  supporting affidavits or citations to evidentiary materials of
				  record.
(5) The administrative law
				  judge may require oral argument on a motion or allow or deny oral argument
				  based on a request from a party.
(6) A request for oral argument on a motion
				  must be made in writing.
(7) Notice
				  of oral argument on a motion must be given before the date set for hearing. At
				  the discretion of the administrative law judge, a hearing on a motion may be
				  conducted in whole or in part by telephone or other electronic means. The
				  administrative law judge must rule upon motions within a reasonable time or
				  hold the motion in abeyance.
(8)
				  Multiple motions may be consolidated for oral argument.
(9) A party may withdraw a motion for oral
				  argument at any time.
(10) Any
				  relief granted by the administrative law judge in response to a motion must be
				  incorporated in a written order, the proposal for decision, or the final
				  order.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 1 - GENERAL › Section R. 792.10116 - Stipulations

Current through Vol. 24-12, July 15, 2024
Rule 116.
(1) The
				  parties may agree upon facts, or any portion of facts, in controversy by
				  written stipulation or by a statement entered into the record.
(2) Stipulations shall be used as evidence at
				  the hearing or subsequent proceedings.
(3) Stipulations are binding on the parties
				  that have acknowledged acceptance of the stipulations.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 1 - GENERAL › Section R. 792.10117 - Discovery

Current through Vol. 24-12, July 15, 2024
Rule 117. Except as otherwise provided for by statute or
					 rule or by leave of the administrative law judge, discovery in a contested case
					 shall not be allowed.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 1 - GENERAL › Section R. 792.10118 - Joint hearing; consolidation of proceedings; other orders

Current through Vol. 24-12, July 15, 2024
Rule 118. When separate pending cases involve a substantial
					 and controlling common question of fact or law, the administrative law judge
					 may take any of the following actions:
(a) Order a joint hearing on any or all of
				  the issues noticed for hearing.
(b)
				  Order consolidation of the cases.
(c) Issue additional orders that expedite
				  proceedings in a cost effective manner.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 1 - GENERAL › Section R. 792.10119 - Location

Current through Vol. 24-12, July 15, 2024
Rule 119.
(1) The
				  hearing system may schedule a hearing at any location or by remote means,
				  including telephone, teleconference, or other platform, unless location is
				  dictated by statute or controlling rules.
(2) A party may request a change of venue or
				  means of access, including, but not limited to, in person, telephonic, or
				  video. For good cause shown, the request may be granted at the discretion of
				  the administrative law judge.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 1 - GENERAL › Section R. 792.10120 - Record

Current through Vol. 24-12, July 15, 2024
Rule 120.
(1) The
				  hearing system shall maintain an official record of each case or
				  proceeding.
(2) The record shall
				  include all of the following:
(a) Notice of
				  hearings and orders of adjournment.
(b) Prehearing orders.
(c) Motions, pleadings, briefs, petitions,
				  requests, agency rulings and intermediate written rulings.
(d) Evidence presented.
(e) A statement of matters officially
				  noticed.
(f) Offers of proof,
				  objections, and rulings.
(g) An
				  official recording of the proceeding prepared by the administrative law
				  judge.
(h) Transcripts, if ordered
				  by the administrative law judge or submitted by a party prior to issuance of a
				  final decision.
(i) Final orders or
				  orders on reconsideration.
(j)
				  Written notation of any ex parte communications referred to on the
				  record.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 1 - GENERAL › Section R. 792.10121 - Telephone and electronic hearings

Current through Vol. 24-12, July 15, 2024
Rule 121.
(1) The
				  administrative law judge may conduct all or part of a hearing by telephone,
				  video-conference, or other electronic means.
(2) All substantive and procedural rights
				  apply to all hearings under this rule.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 1 - GENERAL › Section R. 792.10122 - Initial procedures; converting to prehearing

Current through Vol. 24-12, July 15, 2024
Rule 122. An initial hearing may be either an evidentiary
					 hearing or a prehearing conference. For good cause, the administrative law
					 judge may convert an initial hearing from an evidentiary hearing to a
					 prehearing conference.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 1 - GENERAL › Section R. 792.10123 - Hearing by brief

Current through Vol. 24-12, July 15, 2024
Rule 123.
(1) When
				  it appears to the administrative law judge that a material issue of fact does
				  not exist, and the questions to be resolved are solely questions of law, the
				  administrative law judge may direct that the hearing be conducted by submission
				  of briefs.
(2) After consulting
				  with the parties, the administrative law judge shall prescribe the time limits
				  for submission of briefs and provide direction on whether filings are to be
				  either simultaneous or successive.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 1 - GENERAL › Section R. 792.10124 - Presentation

Current through Vol. 24-12, July 15, 2024
Rule 124.
(1) A
				  party may make or waive a closing statement. If a party elects to make a
				  closing statement, the administrative law judge may order closing arguments to
				  be submitted in writing and may require written proposed findings of fact and
				  conclusions of law.
(2) Unless
				  otherwise directed by the administrative law judge, the party having the burden
				  of proof shall go forward first with presentation of evidence. A party may
				  submit rebuttal evidence.
(3)
				  Except as otherwise provided for by statute or rule, the complaining party has
				  the burden of proving, by a preponderance of the evidence, the basis for the
				  requested relief or action.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 1 - GENERAL › Section R. 792.10125 - Evidence; admissibility; objections; submission in written form

Current through Vol. 24-12, July 15, 2024
Rule 125.
(1) The
				  Michigan rules of evidence, as applied in a civil case in circuit court shall
				  be followed in all proceedings as far as practicable, but an administrative law
				  judge may admit and give probative effect to evidence of a type commonly relied
				  upon by reasonably prudent persons in the conduct of their affairs.
(2) Irrelevant, immaterial, or unduly
				  repetitious evidence may be excluded.
(3) Effect shall be given to the rules of
				  privilege recognized by law.
(4)
				  Objections to offers of evidence may be made and shall be noted in the
				  record.
(5) For the purpose of
				  expediting a hearing, and when the interests of the parties will not be
				  substantially prejudiced, the administrative law judge may require submission
				  of all or part of the evidence in written form.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 1 - GENERAL › Section R. 792.10126 - Evidence to be entered on record; documentary evidence

Current through Vol. 24-12, July 15, 2024
Rule 126.
(1)
				  Evidence in a proceeding must be offered and made a part of the record if
				  admitted by the administrative law judge. Other factual information must not be
				  used as the basis of the decision of the administrative law judge, unless
				  parties are provided notice. Documentary evidence may be received in the form
				  of a copy or excerpt, if the original is not readily available. Unless
				  otherwise allowed by the administrative law judge, a party offering documentary
				  evidence must ensure that it is received by the administrative law judge, with
				  a copy sent to each opposing party, not less than 7 days before the hearing
				  except where the notice of hearing is issued less than 30 days before the
				  hearing. If the notice of hearing is issued less than 30 days before the
				  hearing, documentary evidence must be received by the administrative law judge
				  and a copy provided to each opposing party no later than 1 business day before
				  the scheduled hearing, unless the administrative law judge allows otherwise for
				  good cause shown. Upon timely request, a party must be given an opportunity to
				  compare a copy with the original, when available. Documentary evidence may be
				  incorporated by reference if the materials are available for examination by the
				  parties.
(2) If materials and
				  exhibits offered, but not admitted, are made part of the record for purposes of
				  appeal, they must be clearly marked by the administrative law judge as
				  "rejected".
(3) Exhibits that are
				  rejected as duplicates of material already contained in the file or record,
				  must be returned to the party offering the exhibits, and must not be included
				  in the record on appeal.
(4)
				  Exhibits introduced into evidence, but later withdrawn, are not part of the
				  record on appeal.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 1 - GENERAL › Section R. 792.10127 - Official notice of facts; evaluation of evidence

Current through Vol. 24-12, July 15, 2024
Rule 127. An administrative law judge may take official
					 notice of judicially cognizable facts, and general, technical, or scientific
					 facts within an agencys specialized knowledge. The administrative law judge
					 shall notify parties at the earliest practicable time of any officially noticed
					 fact which pertains to a material disputed issue. On timely request before
					 issuance of a final decision, the parties shall be provided an opportunity to
					 dispute the fact or its materiality.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 1 - GENERAL › Section R. 792.10128 - Witnesses

Current through Vol. 24-12, July 15, 2024
Rule 128.
(1) The
				  testimony of all witnesses shall be upon oath or affirmation.
(2) Witnesses may be sequestered by the
				  administrative law judge on his or her own initiative, or upon request of a
				  party.
(3) Opposing parties shall
				  be entitled to cross examine witnesses.
(4) The testimony of a witness may be taken
				  by deposition with permission of the administrative law judge. A party taking a
				  deposition shall give notice to all parties.
(5) The administrative law judge may limit
				  the number of witnesses to prevent cumulative or irrelevant evidence, and to
				  prevent unnecessary delay.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 1 - GENERAL › Section R. 792.10129 - Summary disposition

Current through Vol. 24-12, July 15, 2024
Rule 129.
(1) A
				  party may move for dismissal of or judgment. The motion may be based on 1 or
				  more of the following grounds:
(a) No genuine
				  issue of material fact.
(b) A
				  failure to state a claim for which relief may be granted.
(c) A lack of jurisdiction or
				  standing.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 1 - GENERAL › Section R. 792.10130 - Post-hearing briefs

Current through Vol. 24-12, July 15, 2024
Rule 130. A party may request an opportunity to submit a
					 post-hearing brief. The administrative law judge may grant or deny the request
					 based on the nature of the proceedings. The administrative law judge may also
					 require a post-hearing brief on his or her own initiative.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 1 - GENERAL › Section R. 792.10131 - Proposals for decision

Current through Vol. 24-12, July 15, 2024
Rule 131.
(1) In
				  the absence of authority conferred by statute, administrative rule, or
				  delegation to issue a final decision, the administrative law judge who
				  conducted the hearing or who has read the complete record shall issue a
				  proposal for decision.
(2) When the
				  final decision is made by a person who did not conduct the hearing or review
				  the record, the decision, if adverse to a party other than the agency itself,
				  shall not be made until a proposal for decision is served on the parties and an
				  opportunity is given to each party adversely affected to file exceptions and
				  present written arguments to the person who will make the final decision. On
				  review of a proposal for decision, the final decision authority shall have all
				  of the powers that it would have if it had presided at the hearing.
(3) The proposal for decision shall be issued
				  by the administrative law judge who conducted the hearing or who has read the
				  complete record and shall contain findings of fact and conclusions of law,
				  including rationale for conclusions reached.
(4) A proposal for decision becomes a final
				  decision in the absence of the timely filing of exceptions or review by an
				  agency with final decision authority.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 1 - GENERAL › Section R. 792.10132 - Exceptions

Current through Vol. 24-12, July 15, 2024
Rule 132. Except in occupational board cases, and cases
					 where the administrative law judge has final decision authority, the parties
					 may file exceptions to a proposal for decision within 21 days after the
					 proposal for decision is issued and entered. An opposing party may file a
					 response to exceptions within 14 days after exceptions are
					 filed.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 1 - GENERAL › Section R. 792.10133 - Final decisions and orders

Current through Vol. 24-12, July 15, 2024
Rule 133.
(1)
				  Except where a controlling statute mandates the period for issuing final
				  decisions or orders, an administrative law judge with final decision authority
				  shall issue a final decision within a reasonable period of time. The final
				  decision shall be in writing or stated on the record. A written final decision
				  shall include separate sections entitled "findings of fact" and "conclusions of
				  law." Findings of fact set forth in statutory language shall include a concise
				  statement of the underlying supporting facts. Findings of fact shall be based
				  exclusively on the evidence. If a party submits proposed findings of fact that
				  would control the decision or order, the decision or order shall include a
				  ruling on each proposed finding. Each conclusion of law shall be supported by
				  authority or reasoned opinion.
(2)
				  A decision or order shall be based on the record as a whole or a portion of the
				  record. A decision or order shall be supported by competent, material, and
				  substantial evidence.
(3) A copy of
				  the decision or order shall be delivered or mailed on the date it is entered
				  and issued to each party and any authorized representatives or attorneys of
				  record.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 1 - GENERAL › Section R. 792.10134 - Default judgments

Current through Vol. 24-12, July 15, 2024
Rule 134.
(1) If a
				  party fails to participate in a scheduled proceeding after a properly served
				  notice, the administrative law judge may conduct the proceeding without
				  participation of the absent party. If a party fails to participate in a
				  proceeding, the administrative law judge may issue a default order or other
				  dispositive order.
(2) Within 7
				  days after service of a default order, the party against whom it was entered
				  may file a written motion requesting the order be vacated. If the party
				  demonstrates good cause for failing to participate in a scheduled proceeding
				  after a properly served notice or failing to comply with an order, the
				  administrative law judge may reschedule, rehear, or otherwise reconsider the
				  matter as required to serve the interests of justice and the orderly and prompt
				  conduct of proceedings.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 1 - GENERAL › Section R. 792.10135 - Request for reconsideration

Current through Vol. 24-12, July 15, 2024
Rule 135.
(1) If
				  the decision or order of an administrative law judge is final, a party may file
				  a request for reconsideration and the administrative law judge may grant the
				  request for reconsideration upon a showing of material error.
(2) A request for reconsideration shall state
				  with specificity the material error claimed. A request for reconsideration
				  which presents the same issues previously ruled on, either expressly or by
				  reasonable implication, shall not be granted.
(3) A request for reconsideration shall be
				  filed within 14 days after the issuance of a decision or order, or such other
				  time fixed by statute or rule governing specific proceedings.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 1 - GENERAL › Section R. 792.10136 - Request for rehearing

Current through Vol. 24-12, July 15, 2024
Rule 136.
(1)
				  Where for justifiable reasons the record of testimony made at the hearing is
				  found to be inadequate for purposes of judicial review, the administrative law
				  judge on his or her own initiative, or on request of a party, shall order a
				  rehearing.
(2) A request for a
				  rehearing shall be filed prior to submission of a proposal for decision to the
				  final decision authority or prior to issuance of a final decision by the
				  administrative law judge. If a request for rehearing is granted the hearing
				  shall be noticed and conducted in the same manner as an original hearing. The
				  evidence received at the rehearing shall be included in the record for any
				  further department, agency, or judicial review. A decision from the original
				  hearing may be amended or vacated after the rehearing.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 1 - GENERAL › Section R. 792.10137 - Appeals

Current through Vol. 24-12, July 15, 2024
Rule 137. If an appeal of a final decision or order is
					 taken to circuit court, probate court or the court of appeals, the appellant
					 shall file a copy of the claim or application of appeal with the hearing
					 system.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 2 - TAX TRIBUNAL › Subpart A - GENERAL PROVISIONS › Section R. 792.10201 - Scope

Current through Vol. 24-12, July 15, 2024
Rule 201.
(1)
					 Parts 1 and 2 of these rules govern practice and procedure in all contested
					 cases before the tribunal. To the extent there is a conflict between the rules
					 in parts 1 and 2, the rules in part 2 govern.
(2) The rules in part 2 are known and
					 referred to as the "tax tribunal rules" and may be cited as "TTR."
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 2 - TAX TRIBUNAL › Subpart A - GENERAL PROVISIONS › Section R. 792.10205 - Payment of fees; waiver of fees; refund of fees

Current through Vol. 24-12, July 15, 2024
Rule 205.
(1)
					 Tribunal fees must be paid separately for each contested case in cash or by
					 check, money order, or other draft payable to the order of 'state of Michigan."
					 Payments must be mailed or delivered to the tribunal. Tribunal fees may be paid
					 by credit card through the tribunal's e-filing system when a petition or motion
					 is e-filed.
(2) If a party shows by
					 written request that they are receiving any form of means-tested public
					 assistance, the payment of fees by that party is waived. As used in this
					 subrule, "means-tested public assistance" includes any of the following:
(a) The food assistance program offered
					 through this state.
(b)
					 Medicaid.
(c) The financial
					 independence program offered through this state.
(d) Women, infants, and children
					 benefits.
(e) Supplemental Security
					 Income through the federal government.
(f) Any other federal, state, or locally
					 administered means-tested income or benefit.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 2 - TAX TRIBUNAL › Subpart A - GENERAL PROVISIONS › Section R. 792.10207 - Signatures

Current through Vol. 24-12, July 15, 2024
Rule 207.
(1) If
					 a document is required to be signed by these rules, the document must be signed
					 by the filing party or, if the party is represented by an attorney or
					 authorized representative, by the party or the party's attorney or authorized
					 representative.
(2) The signature
					 of a party, attorney, or authorized representative constitutes certification by
					 the signer that all of the following apply:
(a) The signer has read the
					 document.
(b) That to the best of
					 the signer's knowledge, information, and belief formed after reasonable
					 inquiry, the document is well grounded in fact and is warranted by existing law
					 or a good-faith argument for the extension, modification, or reversal of
					 existing law.
(c) The document is
					 not interposed for any improper purpose, such as to harass or to cause
					 unnecessary delay or needless increase in the cost of litigation.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 2 - TAX TRIBUNAL › Subpart A - GENERAL PROVISIONS › Section R. 792.10209 - Costs

Current through Vol. 24-12, July 15, 2024
Rule 209.
(1)
					 The tribunal may, upon motion or its own initiative, award costs in a contested
					 case, as provided by section 52 of the tax tribunal act, MCL
					 205.752.
(2) If costs are awarded, a bill of costs
					 must be filed with the tribunal and served on the opposing parties as ordered
					 by the tribunal. A party may file a response objecting to the bill of costs or
					 any item in the bill within the time period ordered by the tribunal. Failure to
					 file an objection to the bill of costs within the applicable time period waives
					 any right to object to the bill.
(3) The bill of costs must state separately
					 each item claimed and the amount claimed, and be verified by affidavit of the
					 party or the party's attorney or authorized representative. The affidavit must
					 state that each item is correct and was necessarily incurred.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 2 - TAX TRIBUNAL › Subpart A - GENERAL PROVISIONS › Section R. 792.10211 - Service of decisions, orders, and notices

Current through Vol. 24-12, July 15, 2024
Rule 211. Service of decisions, orders, and notices
						entered in a contested case must be made on each party at that party's last
						known mailing or email address, unless an attorney or authorized representative
						is appearing on behalf of that party. If an attorney or authorized
						representative is appearing on behalf of that party, then service must be made
						on the attorney or authorized representative at their last known mailing or
						email address, as provided in section 52 of the tax tribunal act, MCL
						205.752. Service by mail or email
						on an attorney or authorized representative constitutes service on their
						office.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 2 - TAX TRIBUNAL › Subpart A - GENERAL PROVISIONS › Section R. 792.10213 - Appeals

Current through Vol. 24-12, July 15, 2024
Rule 213. An appeal from a decision of the tribunal must
						be taken in accordance with section 53 of the tax tribunal act, MCL
						205.753. If an appeal is taken to
						the court of appeals, then the appellant shall file a copy of the claim of
						appeal or application for leave to appeal with the tribunal together with the
						appropriate filing fee, as provided in
						R 792.10217 and
						R 792.10267.
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. 792.10215 - Scope

Current through Vol. 24-12, July 15, 2024
Rule 215. The rules in subparts A and B of this part
						govern practice and procedure in all contested cases pending in the entire
						tribunal and are known as the entire tribunal rules. If an applicable entire
						tribunal rule does not exist, MCR 1.101 et seq,
						MCL 24.271 to
						24.287, and MCL
						24.321 to
						24.328, govern.
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. 792.10217 - Fees

Current through Vol. 24-12, July 15, 2024
Rule 217.
(1)
					 Fees must be paid to tribunal for the filing of all petitions and motions in
					 each contested case. If a petition or motion is filed by mail, delivery, or
					 through the tribunal's e-filing system, the fee must be paid upon filing. If a
					 motion is filed by email, the fee must be paid within 14 days after the date of
					 the emailed filing. For purposes of this rule, a motion includes a stipulation
					 for entry of a consent judgment.
(2) Except as otherwise provided in this rule
					 or as ordered by the tribunal, the filing fees are, as follows:
(a) The fee for filing property tax appeal
					 petitions:
(i) Allocation, apportionment, and
					 equalization contested cases, $250.00.
(ii) Valuation contested cases, based on the
					 amount in dispute as follows:
(A) $100,000 or
					 less, $250.00.
(B) $100,000.01 to
					 $500,000, $400.00.
(C) More than
					 $500,000, $600.00.
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. 792.10221 - Amended pleadings; content of pleadings, motions, and documents; service of pleadings, motions, and documents

Current through Vol. 24-12, July 15, 2024
Rule 221.
(1)
					 With the exception of amendments to petitions or answers that correct
					 typographical or transpositional errors, a petition or answer may only be
					 amended by leave of the tribunal. Leave to amend must, with the exception of
					 motions to amend to include a prior or subsequent tax year assessment in a
					 property tax appeal, be freely given when justice so requires. Amendments to
					 include a prior or subsequent tax assessment in a property tax appeal must be
					 filed as required under section 35a of the tax tribunal act, MCL
					 205.735a, and section 53a of the
					 general property tax act, 1893 PA 206, MCL
					 211.53a.
(2) An amended petition or answer correcting
					 only typographical or transpositional errors must be filed by the date
					 established by the tribunal for the filing and exchange of prehearing
					 statements with proof demonstrating the service of the amended petition or
					 answer on the opposing parties. If the tribunal determines that an amendment
					 addresses more than typographical or transpositional errors, the tribunal shall
					 issue a notice of no action.
(3)
					 All pleadings and motions filed with the tribunal must contain all of the
					 following information:
(a) The caption
					 "Michigan Tax Tribunal."
(b) The
					 title of the appeal.
(c) The docket
					 number of the appeal after it is assigned by the tribunal.
(d) A designation showing the nature of the
					 pleading or motion.
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. 792.10225 - Motions

Current through Vol. 24-12, July 15, 2024
Rule 225.
(1)
					 All requests to the tribunal requiring an order in a contested case, including
					 stipulated requests, must be made by written motion that is signed and filed
					 with the tribunal and accompanied by the appropriate fee, unless otherwise
					 ordered by the tribunal. Motions may be amended or supplemented by leave of the
					 tribunal only, and leave to amend or supplement shall be freely given as
					 justice requires.
(2) Motions must
					 be served concurrently on all other parties of record unless an attorney or
					 authorized representative has filed an appearance on behalf of those parties
					 and then service must be made on the attorney or authorized
					 representative.
(3) Written
					 responses to motions, other than motions for which a motion for immediate
					 consideration has been filed or motions for reconsideration, must be signed and
					 filed within 21 days after service of the motion, unless otherwise ordered by
					 the tribunal.
(4) Written responses
					 to motions, for which a motion for immediate consideration has been filed must
					 be signed and filed within 7 days after service of the motion for immediate
					 consideration, if the motion for immediate consideration includes a statement
					 verifying that the moving party has notified all other parties regarding the
					 filing of the motion for immediate consideration and indicating whether those
					 parties will be filing a response to the motion or motions for which the motion
					 of immediate consideration is being filed. If the motion for immediate
					 consideration does not include that statement, written opposition to those
					 motions must be filed within 21 days after service of the motion for immediate
					 consideration, unless otherwise ordered by the tribunal.
(5) Written motion practice is limited to the
					 motion and a brief in support of the motion and a single response to the motion
					 and a brief in support of the response. Except as ordered by the tribunal, the
					 combined length of any motion and brief or response and brief may not exceed 20
					 pages doubled-spaced with 1-inch margins and 12-point type, exclusive of
					 attachments and exhibits. Case quotes and footnotes in a brief may be
					 single-spaced. A brief in support of a motion or response, if any, must be
					 filed concurrently with the motion or response.
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. 792.10227 - Petitions

Current through Vol. 24-12, July 15, 2024
Rule 227.
(1) A
					 petition must be signed and contain a clear and concise statement of facts,
					 without repetition, upon which the petitioner relies in making its claim for
					 relief. The statement must be made in separately designated paragraphs. The
					 contents of each paragraph must be limited, as far as practicable, to a
					 statement of a single fact. Each claim must be stated separately when
					 separation facilitates the clear presentation of the matters set
					 forth.
(2) A petition may not cover
					 more than 1 assessed parcel of real or personal property, except as follows:
(a) A single petition involving real property
					 may cover more than 1 assessed parcel of real property if the real property is
					 contiguous and within a single assessing unit.
(b) A single petition involving personal
					 property may cover more than 1 assessed parcel of personal property located on
					 the same real property parcel within a single assessing unit.
(c) A single petition involving personal
					 property may cover personal property located on different real property parcels
					 if the personal property is assessed as 1 assessed parcel of personal property
					 and is located within a single assessing unit.
(d) A single petition may include both real
					 and personal property, if the personal property is located on the real property
					 parcels at issue within a single assessing unit.
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. 792.10229 - Answers

Current through Vol. 24-12, July 15, 2024
Rule 229.
(1)
					 The respondent shall file an answer or responsive motion within 28 days after
					 the date of service of the petition with noted docket number. Failure to file
					 an answer or responsive motion within 28 days may result in the holding of the
					 respondent in default and may, if the respondent fails to timely cure the
					 default, result in the conducting of a default hearing, as provided in
					 R 792.10231.
(2) The answer must be signed and advise the
					 petitioner and the tribunal of the nature of the defenses. The answer must also
					 contain a specific admission or denial of each material allegation in the
					 petition. If the respondent is without knowledge or information sufficient to
					 form a belief as to the truth of an allegation, then the answer must so state
					 and the statement has the effect of a denial. If the respondent intends to
					 qualify or deny only a part of an allegation, then the answer must specify so
					 much of the allegation as is true and qualify or deny only the remainder. In
					 addition, the answer must contain a clear and concise statement of every ground
					 on which the respondent relies and has the burden of proof. Paragraphs of the
					 answer must be designated to correspond to paragraphs of the petition to which
					 they relate.
(3) An answer may
					 assert as many defenses as the respondent may have against the claims raised by
					 the petitioner. A defense is not waived by being joined with 1 or more other
					 defenses. All defenses not asserted in either the answer or by appropriate
					 motion are waived, except for either of the following defenses:
(a) Lack of jurisdiction.
(b) Failure to state a claim upon which
					 relief may be granted.
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. 792.10231 - Defaults; failure to appear; withdrawals; transfers

Current through Vol. 24-12, July 15, 2024
Rule 231.
(1) If
					 a party has failed to plead, or otherwise proceed as provided by these rules or
					 a tribunal order, the tribunal may, upon motion or its own initiative, hold
					 that party in default. A party held in default shall cure the default as
					 provided by the order holding the party in default. Failure to cure the default
					 may result in the dismissal of the contested case or the conducting of a
					 default hearing.
(2) If a
					 petitioner fails to appear for a scheduled proceeding other than a prehearing
					 conference or a non-property tax scheduling conference, after a properly served
					 notice of the proceeding, the tribunal shall issue an order holding the
					 petitioner in default and, if the default is not timely cured, may dismiss the
					 contested case. If a petitioner fails to appear for a scheduled prehearing
					 conference or scheduled non-property tax scheduling conference, after a
					 properly served notice of the conference, the tribunal may conduct the
					 conference without the participation of the petitioner or issue an order
					 holding the petitioner in default and, if the default is not timely cured, may
					 dismiss the contested case.
(3) If
					 the respondent fails to appear for a scheduled proceeding other than a
					 prehearing conference or non-property tax scheduling conference, after a
					 properly served notice of the proceeding, the tribunal shall issue an order
					 holding the respondent in default and, if the default is not timely cured, may
					 conduct a default hearing. If the respondent fails to appear for a scheduled
					 prehearing conference or scheduled non-property tax scheduling conference,
					 after a properly served notice of the conference, the tribunal may conduct the
					 conference without the participation of the respondent or issue an order
					 holding the respondent in default and, if the default is not timely cured, may
					 conduct a default hearing.
(4) A
					 petition may be withdrawn upon a motion filed by the petitioner before the
					 answer or first responsive motion has been filed with the tribunal. Once the
					 answer or first responsive motion has been filed, a petition may be withdrawn
					 upon motion filed by petitioner only if the other parties do not object to the
					 withdrawal for substantive reasons. For purposes of this subrule, a request for
					 costs is not a substantive reason.
(5) The tribunal may, upon motion, transfer a
					 contested case pending in the entire tribunal to the small claims
					 division.
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. 792.10233 - Applicability of prehearing and discovery procedures to equalization, allocation, and apportionment contested cases

Current through Vol. 24-12, July 15, 2024
Rule 233. The prehearing and discovery procedures fixed
						by R 792.10237 to
						R 792.10247 do not apply to
						equalization, allocation, and apportionment contested cases, unless otherwise
						ordered by the tribunal.
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. 792.10237 - Valuation disclosure; witness list

Current through Vol. 24-12, July 15, 2024
Rule 237.
(1) A
					 party's valuation disclosure in a property tax contested case must be submitted
					 to the tribunal and the opposing parties as ordered by the tribunal. However, a
					 party may, if the party has reason to believe that the opposing parties may not
					 exchange a valuation disclosure as ordered by the tribunal, submit a valuation
					 disclosure to the tribunal together with a motion and appropriate filing fee
					 requesting the tribunal's leave to withhold the valuation disclosure until all
					 opposing parties submit their valuation disclosures to that party.
(2) A party shall submit to the tribunal and
					 the opposing parties a prehearing statement, as required by
					 R 792.10247. The prehearing
					 statement must provide the opposing parties and the tribunal with the name and
					 address of any person who may testify at hearing and a general summary of the
					 subject area of their testimony. A person who is not disclosed as a witness is
					 not permitted to testify, unless the tribunal permits the testimony to be taken
					 for good cause shown.
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. 792.10239 - Interrogatories to parties

Current through Vol. 24-12, July 15, 2024
Rule 239.
(1) A
					 party to a contested case may serve upon all adverse parties written
					 interrogatories to be answered by the party to whom the interrogatories are
					 directed.
(2) Interrogatories must
					 be answered separately and fully in writing under oath. If an interrogatory is
					 objected to, the reasons for objection must be stated in place of an answer.
					 The answers must be signed by the person making them and contain information
					 that is available to the party served or that could be obtained by the party
					 from its employees, agents, representatives, or persons who may testify on the
					 party's behalf. The party to whom the interrogatories are directed shall serve
					 a copy of the answers on the party or the party's attorney or authorized
					 representative submitting the interrogatories and on all other parties or their
					 attorneys or authorized representatives within 28 days after service of the
					 interrogatories.
(3) If any of the
					 interrogatories have not been answered within the time specified under subrule
					 (2) of this rule, then the tribunal, on motion and for good cause shown, may
					 issue an order compelling a response.
(4) To the extent that answers are admissible
					 as evidence before the tribunal, answers to interrogatories may be used against
					 the party making them, and an adverse party may introduce an answer that has
					 not been previously offered in evidence by a party.
(5) A person who answers interrogatories is
					 not the witness of the party who submits the interrogatories.
(6) By tribunal order, interrogatories may be
					 limited, as justice requires, to protect the answering party from annoyance,
					 expense, embarrassment, oppression, or violation of a privilege.
(7) A party who has given a response that was
					 complete when made is not under a duty to supplement the response to include
					 information thereafter acquired, unless ordered by the tribunal, except as
					 follows:
(a) To supplement the response with
					 respect to any question directly addressed to the identity and location of
					 persons having knowledge of discoverable matters, or the identity of each
					 person expected to be called as a witness at the hearing, the subject matter on
					 which the witness is expected to testify, and the substance of the witness's
					 testimony.
(b) To amend a prior
					 response that the party knows was incorrect when made based on information
					 obtained by the party, or to amend a prior response that was correct when made,
					 but that is no longer true and failing to amend the response is, in substance,
					 a knowing concealment.
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. 792.10241 - Depositions

Current through Vol. 24-12, July 15, 2024
Rule 241. Parties may stipulate to take depositions or
						may, by written motion, request to take the testimony of any person, including
						a party, by deposition for the purpose of discovery or for use as evidence in
						the contested case, or for both purposes, and the tribunal, in its discretion,
						may order the taking of depositions.