reglab/statecodes huggingface dataset:
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 9 - DEPARTMENT OF COMMUNITY HEALTH PROVIDERS HEARING PROCEDURES › Subpart C - LEGISLATION AND POLICY CERTIFICATE OF NEED › Section R. 792.10908 - Hearing procedure

Current through Vol. 24-12, July 15, 2024
Rule 908.
(1) A
					 request for a hearing is commenced by filing a request for hearing with the
					 director of the department.
(2) A
					 request for hearing shall be filed within 15 days of the applicant's receipt of
					 the bureau's proposed decision or receipt of notice of reversal by the director
					 of a proposed decision that is an approval.
(3) A request for hearing shall be made in
					 writing and shall include a statement of the grounds for a hearing and a clear
					 and concise statement of the facts, law relied on, and the relief
					 sought.
(4) A copy of the request
					 for hearing shall be served upon the appropriate regional certificate of need
					 review agency. In addition, if the request for hearing is filed by an applicant
					 in a comparative review, a copy of the request for hearing shall be served by
					 the applicant upon all other applicants in the comparative group.
(5) The hearing shall commence within 90 days
					 from the date that the department receives the request for hearing, unless
					 waived in writing by the parties. Not less than 10 days before the date set in
					 the notice, the department shall serve a notice of hearing by placing a copy of
					 the notice in the mail to each, person who filed the request for a hearing, the
					 assistant attorney general assigned to represent the department, and all other
					 persons on whom the request for hearing is required to be served. The first
					 hearing day shall be used as a prehearing conference and may be used for
					 hearing preliminary motions.
(6) If
					 more than 1 request for hearing is filed with respect to the same bureau
					 decision, the hearings shall be consolidated and heard and decided as a single
					 hearing. A party shall not be severed from a hearing on a comparative
					 review.
(7) In all hearings by
					 aggrieved applicants, the necessary parties are the department and any
					 aggrieved applicant that perfected its request for a hearing in a timely
					 manner. The bureau shall not be required to file a response to a request for
					 hearing. In comparative reviews, approved applicants are necessary parties to
					 any hearing.
(8) In all hearings by
					 aggrieved applicants, the necessary parties are the department and any
					 aggrieved applicant that has filed a timely request for hearing. The department
					 shall not be required to file a response to a request for hearing. In
					 comparative reviews, approved applicants are necessary parties to any
					 hearing.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 9 - DEPARTMENT OF COMMUNITY HEALTH PROVIDERS HEARING PROCEDURES › Subpart C - LEGISLATION AND POLICY CERTIFICATE OF NEED › Section R. 792.10909 - Scope of hearing

Current through Vol. 24-12, July 15, 2024
Rule 909. Unless the bureau determines that the applicant
						demonstrated a need for the proposed project pursuant to section 22225(1) of
						the public health code, 1978 PA 368, MCL 333.22225, the scope of the hearing
						shall be limited to demonstrating compliance with MCL 333.2225(1). If the
						applicant has demonstrated compliance withMCL 333.225(1), then the scope of the
						hearing may involve demonstrating compliance with MCL
						333.2225(2).
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 9 - DEPARTMENT OF COMMUNITY HEALTH PROVIDERS HEARING PROCEDURES › Subpart C - LEGISLATION AND POLICY CERTIFICATE OF NEED › Section R. 792.10910 - Interrogatories; depositions

Current through Vol. 24-12, July 15, 2024
Rule 910.
(1)
					 Upon stipulation of all of the parties to a case, written interrogatories or
					 requests for admissions may be served on a party in the same manner as in a
					 nonjury civil case in circuit court.
(2) Depositions shall only be taken for the
					 purposes of obtaining testimony at a hearing. Before taking a deposition, the
					 hearing officer shall find that it is impractical or impossible to have a
					 witness testify at the hearing. When depositions are permitted, they shall be
					 taken in the same manner as in a nonjury civil case in circuit court.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 9 - DEPARTMENT OF COMMUNITY HEALTH PROVIDERS HEARING PROCEDURES › Subpart C - LEGISLATION AND POLICY CERTIFICATE OF NEED › Section R. 792.10911 - Testimony

Current through Vol. 24-12, July 15, 2024
Rule 911. Upon the request of a party and for good cause
						shown, the administrative law judge may allow the direct testimony of a witness
						being presented on behalf of the requesting party to be submitted in written
						form, together with any exhibits to be sponsored by the witness, before hearing
						all of the following apply:
(a) Such
					 direct testimony shall be sworn and notarized, be submitted in typewritten form
					 on 8A1/2 inch by 11 inch paper, and be in question and answer form.
(b) The direct testimony of each witness so
					 submitted shall be made a separate exhibit, and the name and address of the
					 witness, together with the caption of the case, shall appear on the cover
					 sheet.
(c) The exhibit shall be
					 served on all parties on a date set by the administrative law judge, but not
					 less than 5 days before its introduction at the hearing.
(d) Each witness is required to be present at
					 the hearing to introduce his or her written testimony as an exhibit and for
					 cross-examination at such date, time, and place as directed by the
					 administrative law judge.
(e) In
					 any case, and upon request, a party shall have the right, notwithstanding any
					 provision of this rule, to have any witness on the party's behalf present the
					 party's direct testimony orally before the administrative law judge.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 9 - DEPARTMENT OF COMMUNITY HEALTH PROVIDERS HEARING PROCEDURES › Subpart C - LEGISLATION AND POLICY CERTIFICATE OF NEED › Section R. 792.10912 - Discovery

Current through Vol. 24-12, July 15, 2024
Rule 912.
(1)
					 The same rights to discovery and depositions provided in the Michigan court
					 rules applicable to civil cases shall apply to all hearings commenced and
					 conducted pursuant to section 22201 to 22260 of the public health code, 1978 PA
					 368, MCL 333.22201 to 333.22260, and these rules.
(2) The administrative law judge shall rule
					 on all motions relative to depositions and discovery.
(3) Discovery depositions and motions for
					 discovery shall not be allowed by the administrative law judge if they are
					 likely to interfere with the efficient conduct of the hearing, unless serious
					 prejudice would result therefrom.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 10 - DEPARTMENT OF HUMAN SERVICES & DEPARTMENT OF COMMUNITY HEALTH › Subpart A - PUBLIC BENEFITS › Section R. 792.11001 - Scope

Current through Vol. 24-12, July 15, 2024
Rule 1001.
(1)
					 The rules in this part apply to administrative hearings conducted by the
					 hearing system for the department of human services and the department of
					 community health, pursuant to the social welfare act, 1939 PA 280, MCL 400.1 to
					 400.122.
(2) In addition to
					 specific agency policy concerning the conduct of hearings under the Code of
					 Federal Regulations Titles 7, 42, and 45, authority for the promulgation of
					 these rules is found in the social welfare act 1939 PA 280, MCL 400.1 to
					 400.122 and the act.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 10 - DEPARTMENT OF HUMAN SERVICES & DEPARTMENT OF COMMUNITY HEALTH › Subpart A - PUBLIC BENEFITS › Section R. 792.11002 - Right to hearing

Current through Vol. 24-12, July 15, 2024
Rule 1002.
(1)
					 An opportunity for a hearing shall be granted to an applicant who requests a
					 hearing because his or her claim for assistance is denied or is not acted upon
					 with reasonable promptness, has received notice of a suspension or reduction in
					 benefits, or exclusion from a service program, or has experienced a failure of
					 the agency to take into account the recipients choice of service.
(2) A hearing shall not be granted when
					 either state or federal law requires automatic grant adjustments for classes of
					 recipients, unless the reason for an individual appeal is incorrect grant
					 computation.
(3) A complaint as to
					 alleged misconduct or mistreatment by a state employee shall not be considered
					 through the administrative hearing process, but shall be referred to the agency
					 customer service unit.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 10 - DEPARTMENT OF HUMAN SERVICES & DEPARTMENT OF COMMUNITY HEALTH › Subpart A - PUBLIC BENEFITS › Section R. 792.11003 - Notice of hearing

Current through Vol. 24-12, July 15, 2024
Rule 1003.
(1)
					 Notice of the time, date, and place of hearing shall be mailed to the claimant
					 and his representative of record, and shall be sent electronically to the
					 county department or local agency office at least 10 days before the date of
					 hearing except when otherwise required by law. At the election of the claimant
					 or his or her representative of record, service may be made
					 electronically.
(2) A notice shall
					 contain the section of the law and rule involved.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 10 - DEPARTMENT OF HUMAN SERVICES & DEPARTMENT OF COMMUNITY HEALTH › Subpart A - PUBLIC BENEFITS › Section R. 792.11004 - Group hearings

Current through Vol. 24-12, July 15, 2024
Rule 1004. The agency may respond to a series of
						individual requests for a hearing by conducting a single group hearing where
						the sole issue is one of state or federal law or policy or change in federal or
						state law. An individual claimant shall be permitted to present his or her own
						case or be represented by his or her authorized
						representative.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 10 - DEPARTMENT OF HUMAN SERVICES & DEPARTMENT OF COMMUNITY HEALTH › Subpart A - PUBLIC BENEFITS › Section R. 792.11005 - Denial or dismissal of request for hearing

Current through Vol. 24-12, July 15, 2024
Rule 1005.
(1)
					 The hearing system shall deny or dismiss the request for a hearing under any of
					 the following:
(a)A request is withdrawn by a
					 claimant, counsel, or petitioner, or a claimants authorized representative in
					 writing prior to the signing of the final decision and order.
(b)The issue is one of state or federal law,
					 requiring automatic grant adjustments for classes of recipients.
(c)A claimant abandons the hearing.
(d)The administrative law judge has no
					 jurisdiction over the matter.
(e)
					 An issue is not appealable as authorized by
					 R
					 400.903.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 10 - DEPARTMENT OF HUMAN SERVICES & DEPARTMENT OF COMMUNITY HEALTH › Subpart A - PUBLIC BENEFITS › Section R. 792.11006 - Location of hearing; hearing conducted with communication equipment

Current through Vol. 24-12, July 15, 2024
Rule 1006.
(1) A
					 hearing shall be conducted at a reasonable time, date, and place. Unless
					 prohibited by federal regulation, a hearing shall be conducted with
					 communication equipment. For the purposes of this rule, a hearing conducted
					 with communication equipment shall mean a hearing held by telephone, video
					 conferencing, or by other electronic media.
(2) For a hearing conducted with
					 communication equipment, both the claimant and the department of human services
					 shall submit all documentary evidence to be considered by an administrative law
					 judge to the Lansing office of the hearing system no later than 7 days before
					 the scheduled hearing date. For good cause shown, an administrative law judge
					 may permit additional evidence to be submitted, but may decline to accept
					 additional evidence at or following the hearing.
(3) A party may request an in-person hearing
					 in writing at least 7 days before the scheduled hearing. If approved by a
					 managerial-level administrative law judge, the hearing shall be converted into
					 an in-person hearing and scheduled for a reasonable time, date, and
					 place.
An obvious error
						in R 792.11006 was corrected at the request of the promulgating agency,
						pursuant to Section 56 of 1969 PA 306, as amended by 2000 PA 262, MCL 24.256.
						The rule containing the error was published in Annual Administrative Code
						Supplement, 2015. The memorandum requesting the correction was published in
						Michigan Register, 2016 MR 9
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 10 - DEPARTMENT OF HUMAN SERVICES & DEPARTMENT OF COMMUNITY HEALTH › Subpart A - PUBLIC BENEFITS › Section R. 792.11007 - Considerations

Current through Vol. 24-12, July 15, 2024
Rule 1007. A hearing shall include consideration of all
						of the following:
(a) An agency
					 action, or failure to act with reasonable promptness, on a claim for financial
					 or medical assistance, that includes undue delay in reaching a decision on
					 eligibility or in making a payment, refusal to consider a request for or undue
					 delay in making an adjustment in payment, or discontinuance, termination, or
					 reduction of such assistance.
(b)
					 An agency decision regarding any of the following:
(i) Eligibility for financial or medical
					 assistance in both initial and subsequent determinations.
(ii) Amount of financial or medical
					 assistance or change in payments.
(iii) The manner or form of
					 payment.
(iv) The denial,
					 limitation, or revocation of a license.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 10 - DEPARTMENT OF HUMAN SERVICES & DEPARTMENT OF COMMUNITY HEALTH › Subpart A - PUBLIC BENEFITS › Section R. 792.11008 - Rights of parties

Current through Vol. 24-12, July 15, 2024
Rule 1008. A claimant or his or her authorized
						representative has the right to all the following:
(a) To examine the contents of his or her
					 file and all documents and records to be used by the agency at the hearing at a
					 reasonable time before the date of the hearing as well as during the
					 hearing.
(b) To present a case with
					 the aid of an authorized representative. A local agency office or county agency
					 office or a state agency division involved in a hearing has the right to be
					 represented by legal counsel and other representatives, including the county
					 director or division head, and staff or former staff members directly involved
					 in the issue presented. The regional office staff shall be available to assist
					 the claimant or authorized representative.
(c) To be represented by legal counsel, or
					 other person of choice, at the claimants expense.
(d) To receive the assistance of
					 interpreters.
(e) To barrier-free
					 access to the hearing site.
(f) To
					 bring witnesses.
(g) To establish
					 all pertinent facts and circumstances.
(h) To advance any relevant arguments without
					 undue interference.
(i) To question
					 or refute any testimony or evidence, including the opportunity to confront and
					 cross-examine adverse witnesses.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 10 - DEPARTMENT OF HUMAN SERVICES & DEPARTMENT OF COMMUNITY HEALTH › Subpart A - PUBLIC BENEFITS › Section R. 792.11009 - Conducting the hearing

Current through Vol. 24-12, July 15, 2024
Rule 1009. The administrative law judge must ensure that
						the record is complete, and may do any of the following:
(a) Take an active role in questioning
					 witnesses and parties so that all necessary information is presented on the
					 record.
(c) Be more lenient than a
					 circuit judge in deciding what evidence may be presented.
(d) Refuse to accept evidence that the
					 administrative law judge believes is:
(i)
					 Unduly repetitious.
(ii)
					 Immaterial.
(iii)
					 Irrelevant.
(iv)
					 Incompetent.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 10 - DEPARTMENT OF HUMAN SERVICES & DEPARTMENT OF COMMUNITY HEALTH › Subpart A - PUBLIC BENEFITS › Section R. 792.11010 - Subpoena

Current through Vol. 24-12, July 15, 2024
Rule 1010.
(1)
					 Upon a showing of good cause, the administrative law judge shall provide a
					 standard subpoena form at the request of a party and shall issue the subpoena
					 authorized by law unless the requester is a licensed attorney, in which case
					 the attorney will be responsible for issuing his or her own subpoena. A request
					 for a subpoena shall include the following:
(a) The name and address of the person whose
					 testimony is required.
(b) If a
					 document is sought (and so long as the identifiable records are not exempt from
					 disclosure by law), what document is to be subpoenaed.
(c) Why the persons presence and document or
					 only the document is needed at the hearing.
(d) How the document or the persons testimony
					 relates to the hearing issue.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 10 - DEPARTMENT OF HUMAN SERVICES & DEPARTMENT OF COMMUNITY HEALTH › Subpart A - PUBLIC BENEFITS › Section R. 792.11011 - Withdrawals; adjournments; continuances

Current through Vol. 24-12, July 15, 2024
Rule 1011.
(1) A
					 request for an adjournment, continuance, or withdrawal may be granted by an
					 administrative law judge for good cause all of the following apply:
(a) Good cause includes the absence of
					 material witnesses or relevant and necessary evidence.
(b) Withdrawals may not be granted on the
					 basis of unwritten proposed departmental action.
(c) Requests for withdrawal shall be in
					 writing and signed by the claimant or authorized representative.
(d) Upon review of the withdrawal, the
					 administrative law judge shall generate an appropriate order denying or
					 granting the request and the basis for the decision to deny, if so denied,
					 along with notice that the hearing will be rescheduled.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 10 - DEPARTMENT OF HUMAN SERVICES & DEPARTMENT OF COMMUNITY HEALTH › Subpart A - PUBLIC BENEFITS › Section R. 792.11012 - Administrative law judges opinions; exceptions and recommended decisions

Current through Vol. 24-12, July 15, 2024
Rule 1012.
(1)
					 An administrative law judges hearing decision and order shall be prepared
					 subsequent to a hearing and shall contain findings of fact, conclusions of law,
					 and, if the administrative law judge has not been delegated final
					 decision-making authority, a recommendation as to the proper decision based
					 exclusively on the testimony and evidence admitted at the hearing.
(2) If a final decision is to be made by the
					 agency director, any party may, within 10 days of the administrative law judges
					 proposed decision, file exceptions for the consideration of the director. The
					 exceptions shall be mailed to all parties and to the administrative law judge
					 within the allotted time and shall be made a part of the record.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 10 - DEPARTMENT OF HUMAN SERVICES & DEPARTMENT OF COMMUNITY HEALTH › Subpart A - PUBLIC BENEFITS › Section R. 792.11013 - Hearing decisions

Current through Vol. 24-12, July 15, 2024
Rule 1013.
(1)
					 The agency shall have discretion to delegate final decision-making authority to
					 the administrative law judge who hears the case or to supervisory
					 administrative law judges in certain cases. Such delegation shall be in
					 writing, shall be dated, and shall clearly specify the scope of the final
					 decision-making authority to be conferred.
(2) A decision of an administrative law judge
					 shall include the following:
(a) Findings of
					 fact based only on evidence admitted at the hearing.
(b) Conclusions of law.
(c) Whether agency policy was appropriately
					 applied.
(d) Whether a finding of
					 disability is appropriate based upon applicable statutes, case law and
					 policy.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 10 - DEPARTMENT OF HUMAN SERVICES & DEPARTMENT OF COMMUNITY HEALTH › Subpart A - PUBLIC BENEFITS › Section R. 792.11014 - Retroactivity

Current through Vol. 24-12, July 15, 2024
Rule 1014. When a hearing decision is favorable to the
						claimant, or when the agency decides in favor of the claimant prior to a
						hearing, the agency shall make retroactive payments promptly pursuant to
						applicable law and policy.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 10 - DEPARTMENT OF HUMAN SERVICES & DEPARTMENT OF COMMUNITY HEALTH › Subpart A - PUBLIC BENEFITS › Section R. 792.11015 - Rehearing or reconsideration

Current through Vol. 24-12, July 15, 2024
Rule 1015.
(1) A
					 party who has received an adverse hearing decision shall file a request for
					 rehearing or reconsideration with the hearing system in writing within 30 days
					 after the decision has been mailed.
(2) A rehearing is a full de novo hearing
					 which may be granted when either of the following occurs:
(a) There is newly discovered evidence that
					 existed at the time of the original hearing and that could affect the outcome
					 of the original hearing decision.
(b) The original hearing record is inadequate
					 for purposes of judicial review.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 10 - DEPARTMENT OF HUMAN SERVICES & DEPARTMENT OF COMMUNITY HEALTH › Subpart A - PUBLIC BENEFITS › Section R. 792.11016 - Public access

Current through Vol. 24-12, July 15, 2024
Rule 1016. Copies of all decisions of the director shall
						be accessible to the public at the state office of the agency in a form that
						shall not reveal the identity of any non-agency party or protected informant or
						of any of the parties or witnesses.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 10 - DEPARTMENT OF HUMAN SERVICES & DEPARTMENT OF COMMUNITY HEALTH › Subpart A - PUBLIC BENEFITS › Section R. 792.11017 - Judicial review

Current through Vol. 24-12, July 15, 2024
Rule 1017. Decisions are appealable to the circuit court
						in the following manner:
(a) Public
					 assistance decisions are appealable to the circuit court within 30 days of
					 receipt of the decision as to matters of law pursuant to the social welfare
					 act, 1939 PA 280, 400.1 to 400.122.
(b) Other decisions are appealable as
					 provided by applicable governing statute.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 10 - DEPARTMENT OF HUMAN SERVICES & DEPARTMENT OF COMMUNITY HEALTH › Subpart A - PUBLIC BENEFITS › Section R. 792.11018 - Child care and transportation

Current through Vol. 24-12, July 15, 2024
Rule 1018. Reimbursement of child care and transportation
						costs may be available from the hearing system as necessary to ensure that full
						participation in the hearing process is possible.
(a) Clients may request reimbursement of
					 transportation and reasonable and necessary child care costs, not to exceed the
					 rates established under the child care program, and transportation for the
					 petitioner to and from the hearing at the standard travel rates shall be
					 reimbursed wherever the total combined cost exceeds $3.00.
(b) The presiding administrative law judge
					 shall certify the need for the costs.
(c) Clients must make the request on the
					 hearing record and provide the administrative law judge the following
					 information:
(i) Their name and
					 address.
(ii) For transportation
					 expense reimbursement, the number of miles traveled round trip for the
					 hearing.
(iii) For child care
					 expense reimbursement, the provider type and a signed and dated receipt from
					 the provider showing the full names and ages of all children for whom care was
					 provided.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 10 - DEPARTMENT OF HUMAN SERVICES & DEPARTMENT OF COMMUNITY HEALTH › Subpart B - DEBT ESTABLISHMENT › Section R. 792.11019 - Scope

Current through Vol. 24-12, July 15, 2024
Rule 1019. Administrative hearings related to the
						establishment of an over issuance and recoupment of benefits shall be conducted
						pursuant to the act, MCL 24.201 to 24.328,
						7 CFR
						273.16(e),
						R 400.3130(5), and
						R 400.3187(5), in addition to specific agency policy set forth concerning the
						conducting of hearings under the delegation of authority. Additional
						jurisdictional authority is found in the social welfare act 1939 PA 280, MCL
						400.1 to R 400.21, and
						R
						400.903 to
						R
						400.951.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 10 - DEPARTMENT OF HUMAN SERVICES & DEPARTMENT OF COMMUNITY HEALTH › Subpart B - DEBT ESTABLISHMENT › Section R. 792.11020 - Debt establishment

Current through Vol. 24-12, July 15, 2024
Rule 1020.
(1)
					 When the agency has determined that an over issuance of benefits has occurred,
					 the agency may elect to establish the existence and amount of the debt through
					 an administrative hearing.
(2) The
					 agency may request hearings for debt establishment and collection
					 purposes.
(3) The hearing decision
					 determines the existence and collectability of a debt to the agency.
(4) The establishment of a debt to the agency
					 by an administrative law judge shall be enforceable in any manner provided by
					 the administrative rule or law in addition to collection action in a court of
					 appropriate jurisdiction.
(5)
					 Notice of the administrative hearing shall be made upon the affected individual
					 by regular mail, personal service, or by publication only if the individuals
					 address is unknown.
(6) Evidence of
					 any over issuance shall include 1 or both of the following:
(a)Written acknowledgment by the individual
					 of an over issuance.
(b)Documentation showing when the over
					 issuance occurred and the amount of over issuance.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 10 - DEPARTMENT OF HUMAN SERVICES & DEPARTMENT OF COMMUNITY HEALTH › Subpart C - ADOPTION SUBSIDY › Section R. 792.11021 - Debt establishment

Current through Vol. 24-12, July 15, 2024
Rule 1021. Administrative hearings related to adoption
						subsidy issues shall be conducted pursuant to the section of the social welfare
						act, 1939 PA 289, MCL 400.115f and specific written policies for the conduct of
						adoption subsidy hearings.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 10 - DEPARTMENT OF HUMAN SERVICES & DEPARTMENT OF COMMUNITY HEALTH › Subpart C - ADOPTION SUBSIDY › Section R. 792.11022 - Expedited hearings

Current through Vol. 24-12, July 15, 2024
Rule 1022. An expedited hearing may be requested when
						unusual circumstances exist. Circumstances that may qualify for an expedited
						hearing include, but are not limited to, medical subsidy denials for
						out-of-home placement funding or denial of eligibility or services for a child
						with a serious medical condition.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 10 - DEPARTMENT OF HUMAN SERVICES & DEPARTMENT OF COMMUNITY HEALTH › Subpart C - ADOPTION SUBSIDY › Section R. 792.11023 - Hearings for post-finalization applications

Current through Vol. 24-12, July 15, 2024
Rule 1023.
(1)
					 For hearings concerning adoption support subsidy or nonrecurring adoption
					 expenses eligibility requests after the finalization of the adoption, there are
					 certain limited circumstances in which an administrative law judge may grant
					 approval of support subsidy or nonrecurring adoption expenses through the
					 administrative hearing process. An approval may be granted only in cases in
					 which there has been a determination of both of the following:
(a) A specific error was made.
(b) The childs pre-adoptive circumstances met
					 the adoption support subsidy or nonrecurring adoption expenses eligibility
					 requirements at the time of the adoption finalization.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 10 - DEPARTMENT OF HUMAN SERVICES & DEPARTMENT OF COMMUNITY HEALTH › Subpart C - ADOPTION SUBSIDY › Section R. 792.11024 - Hearing decisions

Current through Vol. 24-12, July 15, 2024
Rule 1024.
(1)
					 For adoption support subsidy requests received after adoption finalization, the
					 administrative law judge shall issue a proposal for decision to the agency
					 director and, for all other adoption subsidy matters, shall issue a decision
					 and order.
(2) Copies of the
					 recommended decision and order are sent to the adoption subsidy office and the
					 claimant. In most cases, the claimant has the right to appeal the final
					 decision to probate court within 60 calendar days after the final decision is
					 received. The agency director has 60 calendar days to issue a final decision
					 and order or return the recommended decision to the hearing system for
					 rehearing.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 10 - DEPARTMENT OF HUMAN SERVICES & DEPARTMENT OF COMMUNITY HEALTH › Subpart D - ADULT FOSTER CARE FACILITY LICENSING AND CHILD CARE ORGANIZATION › Section R. 792.11025 - Scope

Current through Vol. 24-12, July 15, 2024
Rule 1025. Administrative hearings related to adult
						foster care facility licensing and child care organization issues shall be
						conducted by authority conferred on the director of the agency by section 2 of
						1973 PA 116, MCL 722.112, 1979 PA 218, MCL 400.710 to 400.737, and Executive
						Reorganization Order No. 1996-1, MCL 330.3101.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 10 - DEPARTMENT OF HUMAN SERVICES & DEPARTMENT OF COMMUNITY HEALTH › Subpart D - ADULT FOSTER CARE FACILITY LICENSING AND CHILD CARE ORGANIZATION › Section R. 792.11026 - Right to hearing

Current through Vol. 24-12, July 15, 2024
Rule 1026.
(1)
					 An applicant for, or holder of, a license issued by the agency is entitled to a
					 hearing based upon the denial, limitation, refusal to renew, or revocation of a
					 license.
(2) A licensing case may
					 be heard in Lansing, Detroit, or in a county where the petitioner maintains a
					 place of business.
(3) A hearing
					 shall include consideration of an agency decision regarding the denial,
					 limitation, or revocation of a license.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 10 - DEPARTMENT OF HUMAN SERVICES & DEPARTMENT OF COMMUNITY HEALTH › Subpart E - EXPUNCTION HEARINGS › Section R. 792.11027 - Scope

Current through Vol. 24-12, July 15, 2024
Rule 1027. Administrative hearings related to expunction
						hearings shall be conducted by authority as found in the child protection law,
						1975 PA 238, MCL 722.621 to 722.638.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 11 - OCCUPATIONAL SAFETY AND HEALTH › Subpart A - GENERAL PROVISIONS › Section R. 792.11101 - Scope

Current through Vol. 24-12, July 15, 2024
Rule 1101. These rules govern contested case proceedings
						before an administrative law judge under the Michigan occupational safety and
						health act, 1974 PA 154, MCL 408.1001 to 408.1094.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 11 - OCCUPATIONAL SAFETY AND HEALTH › Subpart A - GENERAL PROVISIONS › Section R. 792.11102 - Definitions

Current through Vol. 24-12, July 15, 2024
Rule 1102.
(1)
					 "Act" as used in this part means the Michigan occupational safety and health
					 act, 1974 PA 154, MCL 408.1001 to 408.1094.
(2) "Board" means the board of health and
					 safety compliance and appeals within the department.
(3) "Citation" means a written communication
					 issued by the department to an employer under section 33 of the act, MCL
					 408.1033.
(4) "Day" means a
					 calendar day.
(5) "Department"
					 means the department of labor and economic opportunity.
(6) "Director" means the director of the
					 department or the director's authorized representative.
(7) "Executive secretary" means secretary to
					 the board.
(8) "Party" means an
					 applicant for relief, an employer cited or seeking a variance, an affected
					 employee or employees, or their authorized representative, a person allowed to
					 intervene, or the department.
(9)
					 "Permanent variance" means a written order issued by the department authorizing
					 an employer to deviate from the requirements of an occupational safety or
					 health standard when protection is provided to employees equal to that which
					 would be provided by compliance with the requirements of the
					 standard.
(10) "Temporary variance"
					 means a written order issued by the department authorizing an employer to
					 deviate from the requirements of an occupational safety or health standard
					 before the effective date of the standard for the specific period of time
					 necessary for the employer to achieve compliance with the standard.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 11 - OCCUPATIONAL SAFETY AND HEALTH › Subpart A - GENERAL PROVISIONS › Section R. 792.11103 - Representative of parties

Current through Vol. 24-12, July 15, 2024
Rule 1103.
(1) A
					 party may appear in person or by a representative.
(2) A representative need not be an attorney
					 at law.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 11 - OCCUPATIONAL SAFETY AND HEALTH › Subpart A - GENERAL PROVISIONS › Section R. 792.11104 - Inspection and reproduction of documents

Current through Vol. 24-12, July 15, 2024
Rule 1104.
(1)
					 Subject to the provision of law restricting public disclosures of information,
					 a person may inspect and copy a document filed in a proceeding.
(2) Actual costs of reproduction shall be
					 borne by the person seeking the document.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 11 - OCCUPATIONAL SAFETY AND HEALTH › Subpart A - GENERAL PROVISIONS › Section R. 792.11105 - Protection of trade secrets

Current through Vol. 24-12, July 15, 2024
Rule 1105. Upon application of a party, an administrative
						law judge shall issue such orders as may be appropriate to protect the
						confidentiality of trade secrets obtained in connection with an inspection,
						investigation, or proceedings conducted under the act.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 11 - OCCUPATIONAL SAFETY AND HEALTH › Subpart A - GENERAL PROVISIONS › Section R. 792.11106 - Failure to appear

Current through Vol. 24-12, July 15, 2024
Rule 1106.
(1)
					 If a party fails to appear in a contested case after proper notice, the hearing
					 may proceed in the absence of the party.
(2) The administrative law judge, upon
					 request filed within 10 days after the scheduled hearing date and upon a
					 showing of good cause, may excuse the failure to appear. In that event, the
					 hearing shall be rescheduled.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 11 - OCCUPATIONAL SAFETY AND HEALTH › Subpart B - CITATION & MODIFICATION OF ABATEMENT HEARINGS › Section R. 792.11107 - Scope

Current through Vol. 24-12, July 15, 2024
Rule 1107. This subpart applies to citation hearings and
						petition for modification of abatement hearings under section 42 of the act,
						MCL 408.1042.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 11 - OCCUPATIONAL SAFETY AND HEALTH › Subpart B - CITATION & MODIFICATION OF ABATEMENT HEARINGS › Section R. 792.11108 - Modification of abatement period; hearing; processing; petition

Current through Vol. 24-12, July 15, 2024
Rule 1108. Where a petition is objected to by the
						department or affected employees, the petition shall be processed as
						follows:
(a) The hearing on the
					 petition shall be handled in an expeditious fashion.
(b) An employer petitioning for a
					 modification of an abatement period shall have the burden of proving by a
					 preponderance of the evidence that he or she has made a good faith effort to
					 comply with the abatement requirements of the citation and that abatement has
					 not been completed because of factors beyond his or her control.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 11 - OCCUPATIONAL SAFETY AND HEALTH › Subpart B - CITATION & MODIFICATION OF ABATEMENT HEARINGS › Section R. 792.11109 - Parties and representatives

Current through Vol. 24-12, July 15, 2024
Rule 1109.
(1)
					 Employees may elect to participate as parties at any time before the
					 commencement of a hearing, unless, for good cause shown, the board allows an
					 election at a later time.
(2) Where
					 an employee appeal is filed with respect to the reasonableness of a period of
					 abatement of a violation, the employer charged with the responsibility of
					 abating the violation may elect party status at any time before the
					 commencement of the hearing, unless, for good cause shown, the board allows an
					 election at a later time.
(3) An
					 authorized employee representative who files an appeal shall be responsible for
					 serving a copy of the appeal with an authorized employee representative whose
					 members are affected.
(4) The
					 department shall be a party to all proceedings.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 11 - OCCUPATIONAL SAFETY AND HEALTH › Subpart B - CITATION & MODIFICATION OF ABATEMENT HEARINGS › Section R. 792.11110 - Intervention

Current through Vol. 24-12, July 15, 2024
Rule 1110. The petition for intervention shall set forth
						the interest of the petitioner in the proceeding and show that the
						participation of the petitioner shall assist in the determination of the issues
						in question, and that the intervention shall not unnecessarily delay the
						proceeding.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 11 - OCCUPATIONAL SAFETY AND HEALTH › Subpart B - CITATION & MODIFICATION OF ABATEMENT HEARINGS › Section R. 792.11111 - Statement of position and oral participation

Current through Vol. 24-12, July 15, 2024
Rule 1111. At any time before the commencement of a
						hearing, a person entitled to appear as a party or an intervenor may file a
						statement of position with respect to any issue to be heard.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 11 - OCCUPATIONAL SAFETY AND HEALTH › Subpart B - CITATION & MODIFICATION OF ABATEMENT HEARINGS › Section R. 792.11112 - Settlement

Current through Vol. 24-12, July 15, 2024
Rule 1112.
(1)
					 Settlement is encouraged at any stage of the proceedings where the settlement
					 is consistent with the provisions and objectives of the act.
(2) A settlement agreement submitted by the
					 parties shall be accompanied by an appropriate proposed order.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 11 - OCCUPATIONAL SAFETY AND HEALTH › Subpart B - CITATION & MODIFICATION OF ABATEMENT HEARINGS › Section R. 792.11113 - Restriction by investigative or prosecuting officers

Current through Vol. 24-12, July 15, 2024
Rule 1113. In a proceeding noticed pursuant to the rules,
						the director shall not participate or advise, except as a party to the
						proceeding, with respect to the report of the administrative law judge or the
						board decision.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 11 - OCCUPATIONAL SAFETY AND HEALTH › Subpart B - CITATION & MODIFICATION OF ABATEMENT HEARINGS › Section R. 792.11114 - Restriction with respect to former employee

Current through Vol. 24-12, July 15, 2024
Rule 1114.
(1) A
					 former employee of the board or of the director, including a former member of
					 the board or the director, shall not appear before the board as an attorney or
					 other representative for a party in a contested case in which that person
					 participated personally and substantially during the period of that person's
					 employment.
(2) A former employee
					 of the board or of the director, including a former member of the board or the
					 director, shall not appear before the board as an attorney or other
					 representative for a party in a proceeding or other matter, formal or informal,
					 for which that person was personally responsible during the period of that
					 person's employment, unless 1 year has elapsed since the termination of the
					 employment.
(3) The prohibition
					 against participation as an attorney or other representative as specified in
					 subrules (1) and (2) of this rule applies to the attorney general and the
					 assistants of the attorney general who serve the department.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 11 - OCCUPATIONAL SAFETY AND HEALTH › Subpart B - CITATION & MODIFICATION OF ABATEMENT HEARINGS › Section R. 792.11115 - Report of administrative law judge

Current through Vol. 24-12, July 15, 2024
Rule 1115.
(1)
					 After the conclusion of a hearing, the administrative law judge shall issue a
					 report that includes findings of fact, conclusions of law, and a
					 determination.
(2) The
					 administrative law judge shall file the report with the executive secretary and
					 the parties. Upon filing the report with the executive secretary, jurisdiction
					 shall rest solely with the board. All motions and petitioner and other
					 pleadings filed subsequent to the filing of the report shall be addressed to
					 the executive secretary.
(3) The
					 report of the administrative law judge shall become the final order of the
					 board 30 days after filing with the board and parties, unless a board member
					 directs that the report be reviewed and acted upon by the board.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 11 - OCCUPATIONAL SAFETY AND HEALTH › Subpart C - VARIANCE HEARINGS › Section R. 792.11116 - Scope

Current through Vol. 24-12, July 15, 2024
Rule 1116. This subpart applies to variance hearings
						under section 27, of the act, MCL 408.1027.