reglab/statecodes huggingface dataset:
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 14 - EMPLOYMENT SECURITY HEARINGS AND APPEALS › Subpart C - MICHIGAN COMPENSATION APPELLATE COMMISSION APPEALS UNEMPLOYMENT CASES › Section R. 792.11423 - Written argument; reply; deadlines; consideration; agreement; application for oral argument or additional evidence not deemed written argument; amicus briefs

Current through Vol. 24-12, July 15, 2024
Rule 11423.
(1)
					 A party may apply to the Michigan compensation appellate commission for
					 permission to submit written argument. The application shall be in writing and
					 shall set forth the reasons for requesting written argument.
(2) The application must be received by the
					 Michigan compensation appellate commission within 14 days after the mailed date
					 of the notice of the receipt of appeal. The application must be served on all
					 other parties at the time the application is filed with the Michigan
					 compensation appellate commission.
(3) The application for written argument
					 shall be granted or denied, subject to subrule (4) of this rule. To be granted,
					 the application shall be approved by 2 members of the Michigan compensation
					 appellate commission panel assigned to review the application.
(4) The Michigan compensation appellate
					 commission may consider a partys written argument only if any of the following
					 conditions exist:
(a) All parties are
					 represented by an attorney or other agent of record.
(b) All parties agree that the Michigan
					 compensation appellate commission may consider written argument. The agreement
					 must be in writing, signed by each party, and received by the Michigan
					 compensation appellate commission not later than 14 days after the mailed date
					 of the notice of receipt of appeal.
(c) The Michigan compensation appellate
					 commission orders oral argument before it.
(d) The Michigan compensation appellate
					 commission orders evidence produced before it.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 14 - EMPLOYMENT SECURITY HEARINGS AND APPEALS › Subpart C - MICHIGAN COMPENSATION APPELLATE COMMISSION APPEALS UNEMPLOYMENT CASES › Section R. 792.11424 - Record of proceedings; transmittal to the Michigan compensation appellate commission following notification of appeal

Current through Vol. 24-12, July 15, 2024
Rule 1424. The director of the hearing system or his or
						her designate shall promptly transmit the record of proceedings before the
						administrative law judge, including the supporting accurate copies of exhibits
						clearly marked, to the Michigan compensation appellate
						commission.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 14 - EMPLOYMENT SECURITY HEARINGS AND APPEALS › Subpart C - MICHIGAN COMPENSATION APPELLATE COMMISSION APPEALS UNEMPLOYMENT CASES › Section R. 792.11425 - Transfer of proceeding pending before administrative law judge

Current through Vol. 24-12, July 15, 2024
Rule 1425.
(1) A
					 party to a proceeding pending before an administrative law judge may file a
					 regular application to the Michigan compensation appellate commission for
					 either of the following:
(a) Transfer of the
					 proceeding to the Michigan compensation appellate commission.
(b) Transfer of the proceeding to another
					 administrative law judge.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 14 - EMPLOYMENT SECURITY HEARINGS AND APPEALS › Subpart C - MICHIGAN COMPENSATION APPELLATE COMMISSION APPEALS UNEMPLOYMENT CASES › Section R. 792.11426 - Subpoenas

Current through Vol. 24-12, July 15, 2024
Rule 1426. If the Michigan compensation appellate
						commission orders additional evidence to be taken before it, a party may ask
						the Michigan compensation appellate commission for subpoenas to compel
						witnesses to testify or to compel the production of books, records, and papers.
						The Michigan compensation appellate commission, or a panel of the commission,
						may issue a subpoena on its own initiative.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 14 - EMPLOYMENT SECURITY HEARINGS AND APPEALS › Subpart C - MICHIGAN COMPENSATION APPELLATE COMMISSION APPEALS UNEMPLOYMENT CASES › Section R. 792.11427 - Proceedings before Michigan compensation appellate commission panels

Current through Vol. 24-12, July 15, 2024
Rule 1427.
(1) A
					 matter to be heard by the Michigan compensation appellate commission shall be
					 assigned to a 3-member panel of the Michigan compensation appellate commission
					 for disposition.
(2) A decision
					 reached by the majority of the panel or of the entire commission sitting en
					 banc shall be the decision of the Michigan compensation appellate
					 commission.
(3) The entire Michigan
					 compensation appellate commission shall conduct a full review of any appeal not
					 yet decided and mailed if full commission review is requested by 6
					 commissioners.
(4) A decision of
					 the full Michigan compensation appellate commission that is equally divided
					 shall constitute an affirmance of the decision initially appealed to the
					 Michigan compensation appellate commission.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 14 - EMPLOYMENT SECURITY HEARINGS AND APPEALS › Subpart C - MICHIGAN COMPENSATION APPELLATE COMMISSION APPEALS UNEMPLOYMENT CASES › Section R. 792.11428 - Michigan compensation appellate commission; communications

Current through Vol. 24-12, July 15, 2024
Rule 1428. The members of the Michigan compensation
						appellate commission may communicate with employers, employees, and their
						agents and with representatives of the public interest about issues of
						unemployment insurance and matters affecting the administration of the
						act.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 14 - EMPLOYMENT SECURITY HEARINGS AND APPEALS › Subpart C - MICHIGAN COMPENSATION APPELLATE COMMISSION APPEALS UNEMPLOYMENT CASES › Section R. 792.11429 - Michigan compensation appellate commission; decision or order; copies; notice of rights of appeal

Current through Vol. 24-12, July 15, 2024
Rule 1429.
(1)
					 The Michigan compensation appellate commission shall issue written decisions or
					 orders that are signed and dated. The Michigan compensation appellate
					 commission need not provide any explanation or reasons for its decision or
					 order when it affirms an administrative law judges decision without substantive
					 alteration or modification.
(2)
					 Decisions of the Michigan compensation appellate commission shall contain the
					 rights of appeal pursuant to R 792.1442.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 14 - EMPLOYMENT SECURITY HEARINGS AND APPEALS › Subpart C - MICHIGAN COMPENSATION APPELLATE COMMISSION APPEALS UNEMPLOYMENT CASES › Section R. 792.11430 - Rehearing of Michigan compensation appellate commissions decision

Current through Vol. 24-12, July 15, 2024
Rule 1430.
(1) A
					 request for a rehearing of a Michigan compensation appellate commission
					 decision shall be received by the Michigan compensation appellate commission
					 within 30 days after the mailed date of the decision. A party requesting a
					 rehearing shall serve the request on all other parties at the time of filing
					 with the Michigan compensation appellate commission.
(2) The Michigan compensation appellate
					 commission may grant rehearing on its own motion.
(3) Granting a rehearing is within the
					 discretion of the Michigan compensation appellate commission.
(4) If a request for rehearing is denied,
					 both the denial and the Michigan compensation appellate commissions decision
					 may be appealed to the appropriate circuit court pursuant to section 38 of the
					 act, MCL 421.38.
(5) A rehearing
					 request received more than 30 days after the mailed date of the decision shall
					 be treated as a request for reopening.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 14 - EMPLOYMENT SECURITY HEARINGS AND APPEALS › Subpart C - MICHIGAN COMPENSATION APPELLATE COMMISSION APPEALS UNEMPLOYMENT CASES › Section R. 792.11431 - Reopening and review of Michigan compensation appellate commission's decision

Current through Vol. 24-12, July 15, 2024
Rule 1431.
(1) A
					 request for a reopening and review of the Michigan Compensation appellate
					 commissions decision shall be received by the Michigan compensation appellate
					 commission within 1 year, but moe than 30 days after the mailed date of
					 decision.
(2) Reopening will be
					 granted only if good cause is established. If the Michigan compensation
					 appellate commission grants reopening, the order or decision allowing reopening
					 shall contain a statement of the basis of the good cause finding. If the
					 Michigan compensation appellate commission denies reopening, the order denying
					 reopening shall contain a statement of the basis for the denial.
(3) The Michigan compensation appellate
					 commission may grant reopening its own motion, with notice to the parties,
					 within 1 year after the mailed date of the decision.
(4) If the Michigan compensation appellate
					 commission grants a request for reopening, it shall decide the underlying
					 issues of the case based on the record already made and any additional evidence
					 the Michigan compensation appellate commission may enter in the
					 record.
(5) If the Michigan
					 compensation appellate commission denies a request for reopening, both the
					 denial of reopening and the initial decision may be appealed to the appropriate
					 circuit court under section 38 of the act, MCL 421.38.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 14 - EMPLOYMENT SECURITY HEARINGS AND APPEALS › Subpart C - MICHIGAN COMPENSATION APPELLATE COMMISSION APPEALS UNEMPLOYMENT CASES › Section R. 792.11432 - Notice of rights of appeal

Current through Vol. 24-12, July 15, 2024
Rule 1432.
(1)
					 Each Michigan compensation appellate commission decision or final order shall
					 notify the parties of all of the following:
(a) A party has the right to make a timely
					 appeal of a decision or final order of the Michigan compensation appellate
					 commission to a circuit court.
(b)
					 A party may make a timely request to the Michigan compensation appellate
					 commission to rehear a decision.
(c) A party may make a timely request to the
					 Michigan compensation appellate commission, subject to a showing of good cause,
					 to reopen and review a decision.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 14 - EMPLOYMENT SECURITY HEARINGS AND APPEALS › Subpart C - MICHIGAN COMPENSATION APPELLATE COMMISSION APPEALS UNEMPLOYMENT CASES › Section R. 792.11433 - Stipulations

Current through Vol. 24-12, July 15, 2024
Rule 1433.
(1)
					 The parties to an appeal before the Michigan compensation appellate commission
					 may stipulate to facts at issue.
(2) Stipulations shall not be in any sense in
					 derogation of the act and shall not involve an interpretation of the
					 act.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 15 - EMPLOYMENT RELATIONS COMMISSION › Section R. 792.11501 - General rules

Current through Vol. 24-12, July 15, 2024
Rule 1501. The general rules of the employment relations
					 commission,
					 R
					 423.101 to
					 R
					 423.484, govern practice and procedure in
					 administrative hearings conducted by the hearing system in cases arising under
					 1939 PA 176, MCL 423.1 to 423.30, and 1947 PA 336, MCL 423.201 to 423.217, with
					 the exclusion of parts 2 and 3 of those rules.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 16 - OFFICE OF RETIREMENT SERVICES › Subpart A - GENERAL HEARING RULES › Section R. 792.11601 - Scope; definitions

Current through Vol. 24-12, July 15, 2024
Rule 1601.
(1)
					 These rules apply to hearings held under the jurisdiction of the state
					 employees' retirement board, the judges' retirement board, the state police
					 retirement board, and the public school employees' retirement board.
(2) As used in these rules:
(a) " Retirement act" means the state
					 employees' retirement act, 1943 PA 240, MCL 38.1 to 38.69; the judges
					 retirement act of 1992, 1992 PA 234, MCL 38.2101 to 38.2670; the state police
					 retirement act of 1986, 1986 PA 182, MCL 38.1601 to 38.1674; or the public
					 school employees retirement act of 1979, 1980 PA 300, MCL 38.1301 to 38.1437,
					 as applicable.
(b) "Application"
					 means a request for a benefit provided by an applicable retirement act,
					 including a request to reopen a closed application and a
					 reapplication.
(c) "Board" means
					 the retirement board as defined in the applicable retirement act.
(d) "Closed application" means a request by
					 an individual for a benefit provided by the act that was withdrawn by the
					 individual or otherwise never decided by the retirement system or the
					 board.
(e) "Good cause," as used in
					 this part, means the legitimate failure to file a document or a witness list in
					 a timely manner and does not include a person's own careless neglect or
					 inattention to the requirements of these rules.
(f) "Reapplication" means a request by an
					 individual for a benefit provided by the applicable retirement act, that was
					 previously decided by the staff of the retirement system or the
					 board.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 16 - OFFICE OF RETIREMENT SERVICES › Subpart A - GENERAL HEARING RULES › Section R. 792.11602 - Duty disability

Current through Vol. 24-12, July 15, 2024
Rule 1602. An application for duty disability filed under
						section 21 of 1943 PA 240, MCL 38.21 shall be denied if the personal injury or
						disease that is the basis for the application was any of the following:
(a) A personal injury or illness, which
					 existed before becoming a member of the retirement system.
(b) The aggravation of a personal injury or
					 illness, which existed before becoming a member.
(c) A personal injury or illness, which arose
					 while the applicant was a member but was not proximately caused by the member's
					 employment.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 16 - OFFICE OF RETIREMENT SERVICES › Subpart A - GENERAL HEARING RULES › Section R. 792.11603 - Disability retirement

Current through Vol. 24-12, July 15, 2024
Rule 1603.
(1)
					 To receive a disability retirement under section 21 of 1943 PA 240, MCL 38.21,
					 the retirement system member shall prove by a preponderance of the evidence
					 that on or before the termination of his or her employment, he or she was
					 totally incapacitated and that such incapacity was probably
					 permanent.
(2) To receive a
					 disability retirement under section 24 of 1943 PA 240, MCL 38.24, the member
					 shall prove by a preponderance of the evidence that on or before the
					 termination of his or her employment, he or she was totally incapacitated and
					 that such incapacity was likely to be permanent.
(3) For purposes of sections 21 and 24 of
					 1943 PA 240, MCL 38.21 and 38.24, the board shall not retire a member if the
					 member can perform any job for which the member has experience, training, or
					 education. If the board determines that a member is not mentally or physically
					 totally incapacitated for further performance of duty or that a member's total
					 incapacity is not probably permanent, the retirement system does not have the
					 obligation to find employment for a member.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 16 - OFFICE OF RETIREMENT SERVICES › Subpart A - GENERAL HEARING RULES › Section R. 792.11604 - Discovery

Current through Vol. 24-12, July 15, 2024
Rule 1604.
(1)
					 Discovery shall not be allowed in any contested case hearing conducted under
					 the retirement act or these rules except depositions may be taken upon written
					 approval of the board where it is established that it is impractical or
					 impossible to otherwise obtain the evidence. If the board approves the taking
					 of a deposition, it shall be taken in conformity with the Michigan court
					 rules.
(2) The petitioner shall
					 serve a list of witnesses 20 days before the scheduled hearing date. If the
					 petitioner wishes to testify, he or she shall be included in the witness list.
					 The respondent shall serve a list of witnesses 10 days before the scheduled
					 hearing date. A party shall not call as a witness a person who was not included
					 on a witness list unless the administrative law judge finds that the party has
					 established good cause as to why the person was not included on the party's
					 witness list.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 16 - OFFICE OF RETIREMENT SERVICES › Subpart A - GENERAL HEARING RULES › Section R. 792.11605 - Considerations of documents

Current through Vol. 24-12, July 15, 2024
Rule 1605.
(1)
					 All documents intended to be used or offered at the contested case hearing must
					 be submitted prior to the hearing. A document submitted by an applicant more
					 than 30 days after the date a notice of hearing is issued by the hearing system
					 shall not be considered unless good cause for a late submission is
					 shown.
(2) The administrative law
					 judge shall admit the administrative record if offered into evidence at the
					 hearing.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 16 - OFFICE OF RETIREMENT SERVICES › Subpart A - GENERAL HEARING RULES › Section R. 792.11606 - Testimony; telephone and other electronic means

Current through Vol. 24-12, July 15, 2024
Rule 1606. An administrative law judge shall not take the
						testimony by electronic means unless both of the following occur:
(a)The party who seeks telephone testimony of
					 a witness has submitted and properly served a motion at least 10 days before
					 the date of hearing.
(b)The
					 administrative law judge determines that it is impractical or impossible to
					 otherwise obtain the testimony.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 16 - OFFICE OF RETIREMENT SERVICES › Subpart A - GENERAL HEARING RULES › Section R. 792.11607 - Medical advisor's opinion

Current through Vol. 24-12, July 15, 2024
Rule 1607. The opinion of an individual's treating
						physician shall not be given more weight than the opinion of the medical
						advisor with regard to an application for a disability retirement under
						sections 21 and 24 of 1943 PA 240, MCL 38.21 and 38.24, solely based on the
						relative length of time these physicians have spent examining an individual or
						because the medical advisor's review was based on an examination of the
						individual's medical records.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 16 - OFFICE OF RETIREMENT SERVICES › Subpart A - GENERAL HEARING RULES › Section R. 792.11608 - Reasonable medical treatment

Current through Vol. 24-12, July 15, 2024
Rule 1608. An individual shall pursue all reasonable
						medical treatment for the injury or disease that is the basis for his or her
						application for duty or non-duty disability as provided by sections 21 and 24
						of 1943 PA 240, MCL 38.21 and 38.24.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 16 - OFFICE OF RETIREMENT SERVICES › Subpart A - GENERAL HEARING RULES › Section R. 792.11609 - Medical examination

Current through Vol. 24-12, July 15, 2024
Rule 1609.
(1)
					 For purposes of deciding eligibility for disability retirement under sections
					 21 and 24 of the state employees' retirement act, 1943 PA 240, MCL 38.21 and
					 38.24, a medical examination conducted by 1 or more medical advisors means
					 either a personal medical examination of the retirement system member or a
					 review of the application and medical records of the member.
(2) If an applicant for a disability
					 retirement under section 21 or 24 of the state employees' retirement act, 1943
					 PA 240, MCL 38.21 and 38.24, fails to submit to a reasonable medical
					 examination requested by the system, the application shall be denied.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 16 - OFFICE OF RETIREMENT SERVICES › Subpart A - GENERAL HEARING RULES › Section R. 792.11610 - Motion for summary disposition

Current through Vol. 24-12, July 15, 2024
Rule 1610.
(1) A
					 party may move for summary disposition on all or any part of the claim at any
					 time. The motion shall state that the moving party is entitled to summary
					 disposition on 1 or more of the following grounds and shall specify the grounds
					 on which the motion is based:
(a) The
					 petitioner has failed to state a claim upon which relief can be
					 granted.
(b) There is no genuine
					 issue as to a material fact, except as to the relief to be granted.
(c) The board lacks jurisdiction of the
					 subject matter.
(d) The claim or
					 defense is barred because it is untimely.
(e) The claim or defense is barred because of
					 some other legal impediment or other disposition of the claim.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 16 - OFFICE OF RETIREMENT SERVICES › Subpart A - GENERAL HEARING RULES › Section R. 792.11611 - Other decisions not binding

Current through Vol. 24-12, July 15, 2024
Rule 1611. The board is not bound by a determination of
						disability issued by any other state or federal agency or private entity when
						the board is determining whether a retirement system member is entitled to a
						disability retirement provided section 21 or 24 of 1943 PA 240, MCL 38.21 and
						38.24.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 17 - TEACHER CERTIFICATION › Section R. 792.11701 - Scope

Current through Vol. 24-12, July 15, 2024
Rule 1701. The rules in this part govern proceedings before
					 an administrative law judge under the act governing professional preparation
					 and services pursuant to the revised school code, 1976 PA 451, MCL 380.1 to
					 380.1853.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 17 - TEACHER CERTIFICATION › Section R. 792.11702 - Contested case; grounds

Current through Vol. 24-12, July 15, 2024
Rule 1702. A contested case may be instituted pursuant to
					 the act, MCL 24.201 to 24.328 in the event of a refusal to grant or renew a
					 teacher's certificate, or in the event of a suspension or revocation of a
					 teacher's certificate.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 17 - TEACHER CERTIFICATION › Section R. 792.11703 - Answer to formal charges

Current through Vol. 24-12, July 15, 2024
Rule 1703. A certified teacher or holder of a state board
					 approval may file an answer to formal charges with the designee of the
					 superintendent of public instruction. The answer shall be filed not less than
					 10 days before the hearing. The designee of the superintendent of public
					 instruction shall file a copy of the answer upon receipt with the hearing
					 system.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 17 - TEACHER CERTIFICATION › Section R. 792.11704 - Summary suspension

Current through Vol. 24-12, July 15, 2024
Rule 1704. If a person who holds a Michigan teaching
					 certificate or state board approval has been convicted of a crime described in
					 MCL 380.1535a(2) and 380.1539b(2), under 1976 PA 451, MCL 380.1 to 380.1853, or
					 if the superintendent of public instruction or his or her designee finds that
					 the public health, safety, or welfare otherwise requires emergency action, the
					 superintendent of public instruction or his or her designee shall order summary
					 suspension of the person's teaching certificate or state board approval,
					 pursuant to section 92 of the act, MCL 24.292. The person subsequently shall be
					 provided a prompt opportunity for a hearing. The timeliness standards in R
					 792.1703 and R 792.1706 of this part do not apply to summary suspension
					 proceedings.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 17 - TEACHER CERTIFICATION › Section R. 792.11705 - Transcript

Current through Vol. 24-12, July 15, 2024
Rule 1705. A verbatim record will be taken of the
					 proceedings. A party may request a copy of the transcript at the party's
					 expense.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 17 - TEACHER CERTIFICATION › Section R. 792.11706 - Exceptions; cross exceptions; briefs

Current through Vol. 24-12, July 15, 2024
Rule 1706.
(1)
				  Within 20 days after service of the proposal for decision, a party may file a
				  written statement with the superintendent of public instruction, setting forth
				  exceptions to any other part of the record or proceeding, including rulings
				  upon motions and objections. A brief in support of these exceptions may be
				  filed with the superintendent of public instruction. A copy of the exceptions
				  and any brief shall be served on each party to the proceedings.
(2) Within 10 days after service of an
				  exception, a party may file a cross exception and a brief in support, or a
				  brief in support of the proposal for decision. A copy of the cross exceptions
				  and any brief shall be served on each party to the proceedings.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 17 - TEACHER CERTIFICATION › Section R. 792.11707 - Oral arguments

Current through Vol. 24-12, July 15, 2024
Rule 1707. If a party desires to present oral arguments to
					 the superintendent of public instruction, a written request therefore shall be
					 made to the superintendent of public instruction at the time an exception,
					 cross exception, or brief is filed. The superintendent of public instruction on
					 his or her own motion, may direct oral argument or grant or deny a request for
					 oral argument.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 17 - TEACHER CERTIFICATION › Section R. 792.11708 - Proposal for decision; action by superintendent of public instruction

Current through Vol. 24-12, July 15, 2024
Rule 1708.
(1) The
				  superintendent of public instruction may adopt, modify, or reverse the proposal
				  for decision or remand the case to the hearing system for further findings of
				  fact.
(2) A party shall not
				  directly or indirectly communicate with the superintendent of public
				  instruction or persons involved in the review of a proposal for decision,
				  regarding issues of fact or law, except on notice and opportunity for all
				  parties to participate, unless provided by law.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 17 - TEACHER CERTIFICATION › Section R. 792.11709 - Hearings for incarcerated teachers and school administrators

Current through Vol. 24-12, July 15, 2024
Rule 1709. If the teacher or school administrator is
					 incarcerated at the time of the hearing, then the hearing may be conducted by
					 telephone, video conference, or other electronic media.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 18 - SPECIAL EDUCATION HEARINGS › Section R. 792.11801 - Hearing functions; administration

Current through Vol. 24-12, July 15, 2024
Rule 1801.
(1) The
				  hearing shall be conducted by an administrative law judge.
(2) The hearing system shall provide periodic
				  training to administrative law judges conducting special education hearings,
				  regarding all of the following:
(a)
				  Administrative law and procedures.
(b) Special education law, rules, and
				  regulations.
(c) Needs of students
				  with disabilities.
(d) Diagnostic
				  testing.
(e) Educational
				  testing.
(f) School programming and
				  operations.
(g) Educational
				  accommodations.
(h) Presiding
				  officer ethics, skills authority, and duties.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 18 - SPECIAL EDUCATION HEARINGS › Section R. 792.11802 - Administrative law judge; duties

Current through Vol. 24-12, July 15, 2024
Rule 1802. Administrative law judges employed by the
					 hearing system shall do all of the following:
(a) Manage, schedule, and control the hearing
				  process and participants to resolve the dispute in a prompt, orderly, and fair
				  manner.
(b) Conduct a prehearing
				  conference unless the administrative law judge determines that a prehearing is
				  unnecessary. A prehearing conference may be conducted in person,
				  telephonically, or by other means consistent with the parties' needs. The
				  administrative law judge may require the participants in the prehearing
				  conference to do any of the following:
(i)
				  Identify and simplify the issues.
(ii) Consider the need for disposition of any
				  motions before the hearing, consider admissions of fact and authenticity of
				  documents to avoid unnecessary proofs, limit the number of witnesses, and
				  identify the nature and extent of the relief demanded.
(iii) Inform the parties of the availability,
				  if any, of statements of the legal standards, elements of proof, and burden of
				  proof relevant to the claims and defenses asserted.
(iv) Identify known documentary evidence and
				  admit its authenticity, if possible.
(v) Prepare a list of witnesses to be called
				  at the hearing.
(vi) Determine a
				  schedule for the completion of any prehearing matters including disclosure of
				  witness names and exhibit exchange, time limits, meetings, evaluations, and the
				  hearing.
(vii) Make any disclosures
				  of interest or relationships that may require a representative, a witness or
				  the administrative law judge to withdraw, recuse, or be disqualified on ethical
				  or conflict of interest grounds.
(viii) Discuss the possibility of
				  settlement.
(ix) Consider all other
				  matters that may aid the disposition of the disagreement.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 19 - CORRECTIONS › Section R. 792.11901 - Scope

Current through Vol. 24-12, July 15, 2024
Rule 1901.
(1) The
				  rules in this part govern department of corrections hearings before an
				  administrative law judge, pursuant to the authority of 1953 PA 232, MCL 791.251
				  to 791.256.
(2) The part 1 general
				  rules for the hearing system do not apply to department of correction
				  hearings.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 19 - CORRECTIONS › Section R. 792.11902 - Administrative law judges; designation; powers

Current through Vol. 24-12, July 15, 2024
Rule 1902.
(1)
				  Administrative law judges shall be responsible for all administrative hearings
				  on the following matters:
(a) An infraction of
				  a prison rule that may result in punitive segregation, loss of disciplinary
				  credits, the loss of good time or the accumulation of disciplinary time, or the
				  imposition of restitution.
(b) A
				  security classification that may result in the placement of a prisoner in
				  administrative segregation.
(c) A
				  special designation that permanently excludes, by department policy or rule, a
				  person under the jurisdiction of the department from community
				  placement.
(d) Visitor
				  restrictions.
(e) High or very high
				  assaultive and high property risk classifications.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 19 - CORRECTIONS › Section R. 792.11903 - Hearing and decisions

Current through Vol. 24-12, July 15, 2024
Rule 1903.
(1) Not
				  less than 24 hours before a formal hearing, a prisoner must receive written
				  notice of the hearing. The notice must include all of the following:
(a) Any charges of alleged
				  violations.
(b) A description of
				  the circumstances giving rise to the hearing.
(c) Notice of the date of hearing.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Office of Policy and Legislative Affairs › Declaratory Ruling Request › Section R. 338.81 - Declaratory rulings

Current through Vol. 24-12, July 15, 2024
Rule 1.
(1) The
				following provisions set forth the form and procedure for the submission,
				consideration, and disposition of a request for declaratory ruling in the
				Department of Consumer and Industry Services, hereinafter referred to as the
				"department":
(a) Any interested person,
				hereinafter referred to as "applicant," may request a declaratory ruling as to
				the applicability to an actual state of facts of a statute, rule, final order
				or decision administered, promulgated, or issued by any bureau, office,
				commission, council, board, or agency, hereinafter referred to as "agency,"
				within the department. A request shall not relate to a hypothetical fact
				situation. An applicant shall observe the following procedure:
(b) An applicant shall submit an original and
				1 copy of each request on a form similar to figure 1, or in writing, on 8 1/2
				by 11-inch paper. An applicant shall submit the request by mail or personal
				delivery to the current office of the director of the agency. An applicant
				shall not submit a request by facsimile or electronic means.
(c) The request shall contain all of the
				following information:
(i) Under a section
				labeled "Statement of Facts," a complete, accurate, and concise statement of
				the facts or situation upon which the request is based, which shall include all
				facts known to the applicant that are or may be relevant to a determination of
				the applicability of a statute, rule, final order, or decision.
(ii) Under a section labeled "Certification,"
				a certification by the applicant as to the existence of the actual state of
				facts set forth and the submission of all relevant facts known to the
				applicant.
(iii) Under a section
				labeled "Laws/Rules/Orders," specific reference to all statutes, rules, final
				decisions, or orders that are to be considered.
(iv) Under a section labeled "Issues," a
				concise statement of the issues presented.
(v) Under a section labeled "Analysis and
				Conclusions," an analysis, legal brief, or memorandum of the issues presented,
				including reference to any legal authority relied upon, and the applicant's
				conclusions.
(vi) The applicant's
				full name, degree or title, if applicable, professional or occupational license
				number, if applicable, daytime telephone number, mailing address and
				identification of any legal counsel.
(d) An applicant shall submit two copies of
				all relevant documents as attachments to the request.
(e) Failure to follow the procedure in
				subdivisions (a) to (d) of this subrule may result in the return of the request
				for compliance or in denial as specified in subrule (8) of this rule.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Office of Policy and Legislative Affairs › Condominiums › Part 1 - GENERAL PROVISIONS › Section R. 559.102 - Name of proposed condominium project; reservation

Current through Vol. 24-12, July 15, 2024
Rule 102. The name of a proposed condominium project shall
					 not be such as to confuse or mislead the public.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Office of Policy and Legislative Affairs › Condominiums › Part 1 - GENERAL PROVISIONS › Section R. 559.106 - Disclosure booklet

Current through Vol. 24-12, July 15, 2024
Rule 106.
(1) The
				  disclosure booklet required by section 84a(1)(C) of the act to be distributed
				  to prospective purchasers shall be "The Condominium Buyers Handbook," as
				  published by the administrator.
(2)
				  "The Condominium Buyers Handbook" shall be distributed to purchasers who sign a
				  purchase agreement 9 business days before a purchase agreement becomes a
				  binding agreement, pursuant to section 84 of the act.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Office of Policy and Legislative Affairs › Condominiums › Part 1 - GENERAL PROVISIONS › Section R. 559.107 - Advertising, sales material, and other representations

Current through Vol. 24-12, July 15, 2024
Rule 107.
(1)
				  Advertising, sales material, and oral representations shall be truthful and
				  accurate and designed to fully inform the public about the project. Such
				  materials shall not be presented in such a way as to create a false impression
				  about the nature, status, quality, or cost of a proposed condominium project or
				  its location.
(2) A developer or
				  any agent shall not represent to any person that the administrator has
				  inspected or approved the quality, value, or price of any unit.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Office of Policy and Legislative Affairs › Condominiums › Part 1 - GENERAL PROVISIONS › Section R. 559.109 - Termination of condominium project; notice to interested parties

Current through Vol. 24-12, July 15, 2024
Rule 109.
(1)
				  Pursuant to sections 50 and 51 of the act, notification of termination shall be
				  given to all parties interested in the project, including the following:
(a) Escrow agents.
(b) Land contract vendors.
(c) Project creditors.
(d) Project lienors.
(e) Prospective purchasers who have deposited
				  funds.
(f) Any other person who
				  holds an outstanding interest in the condominium property.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Office of Policy and Legislative Affairs › Condominiums › Part 1 - GENERAL PROVISIONS › Section R. 559.111 - Shared recreational facilities

Current through Vol. 24-12, July 15, 2024
Rule 111. Pursuant to section 134 of the act, a
					 recreational facility which is to be enjoyed by condominium co-owners and third
					 parties shall, at a minimum, comply with the following provisions:
(a) When the recreational facilities are
				  owned by the condominium co-owners and are to be used by a third party, all of
				  the following conditions shall be met:
(i)
				  Disclosure shall be made to all prospective purchasers that the recreational
				  facilities will be shared with a third party.
(ii) The master deed shall define who is
				  entitled to use recreational facilities.
(iii) The master deed shall set forth the
				  appropriate financial obligations of all the parties involved.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Office of Policy and Legislative Affairs › Condominiums › Part 1 - GENERAL PROVISIONS › Section R. 559.112 - Condominium project warranties

Current through Vol. 24-12, July 15, 2024
Rule 112. Condominium project warranties shall comply with
					 state and federal law. The terms of any warranty offered in connection with the
					 sale of a condominium unit shall be clearly disclosed. The name, address, and
					 telephone number of the individual responsible for fulfilling warranty claims
					 shall be stated in the warranty.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Office of Policy and Legislative Affairs › Condominiums › Part 3 - CONTENTS OF A MASTER DEED › Section R. 559.301 - Minimum requirements

Current through Vol. 24-12, July 15, 2024
Rule 301.
(1) A
				  master deed shall contain a statement referring to the condominium subdivision
				  plan and the condominium bylaws and shall incorporate them by
				  reference.
(2) A master deed shall
				  contain the mandatory provisions required by sections 8, 9, 37(3), and 69 of
				  the act.
(3) Where applicable, a
				  master deed shall contain the provisions in sections 31, 32, 33, 34(2), 35, 36,
				  37(1) and (2), 41, 45, 46, 47, 49, and 121 of the act.
(4) A master deed shall describe in detail
				  all general and limited common elements. Pursuant to section 39 of the act,
				  limited common elements shall be assigned in the master deed, unless the power
				  to amend the master deed to make such assignments is reserved to the developer.
				  The master deed shall designate the manner in which the common elements will be
				  assessed.
(5) Pursuant to sections
				  35, 40, and 44 of the act, a master deed shall provide for the following
				  easements:
(a) Reciprocal easements for a
				  change of boundaries of units due to shifting, settling, or moving of a
				  building in the condominium project.
(b) Easements for the installation,
				  maintenance, and service for all utilities, including light, heat, power,
				  sewer, water, and communications.
(c) If the project is not served by an
				  existing municipal water and sewage system, and any component of the system is
				  not located on property to be owned by the condominium, an easement shall be
				  obtained, or other suitable arrangement made, for the repair and maintenance of
				  such components, so long as the system continues to be used by the
				  project.
(d) Such other easements
				  as may be necessary for continued use and enjoyment of the project.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Office of Policy and Legislative Affairs › Condominiums › Part 4 - CONDOMINIUM SUBDIVISION PLAN › Section R. 559.401 - General requirements

Current through Vol. 24-12, July 15, 2024
Rule 401.
(1) The
				  condominium subdivision plan shall be an exhibit to the master deed. The
				  drawings which constitute the plan shall be prepared by an architect, land
				  surveyor, or civil engineer licensed to practice in this state. More than 1
				  such individual may prepare different segments of the same condominium
				  subdivision plan.
(2) Each sheet
				  shall contain the name of the condominium and the name and address of the firm
				  responsible for the preparation of that sheet and shall bear a legible seal and
				  signature of the individual responsible for the preparation of that sheet. A
				  complete condominium subdivision plan shall be comprised of all of the
				  following:
(a) Cover sheet.
(b) Survey plan.
(c) Site plan.
(d) Utility plan.
(e) Building floor plan.
(f) Section plans, where
				  applicable.
(g) Floodplain plan,
				  where applicable.
(h) Where
				  appropriate, individual plans may be combined, if this does not impair
				  legibility.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Office of Policy and Legislative Affairs › Condominiums › Part 4 - CONDOMINIUM SUBDIVISION PLAN › Section R. 559.402 - Contents

Current through Vol. 24-12, July 15, 2024
Rule 402. A complete condominium subdivision plan shall be
					 comprised of the following:
(a) A
				  cover sheet, showing all of the following:
(i)
				  The name and location of the condominium project.
(ii) Prescribed wording as indicated in
				  section 66(3) of the act for assignment of a condominium subdivision plan
				  number by the county register of deeds.
(iii) Prescribed wording stating the exhibit
				  letter or number as used in the master deed.
(iv) The name and address of the
				  developer.
(v) A complete and
				  accurate written property description.
(vi) A comprehensive sheet index.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Office of Policy and Legislative Affairs › Condominiums › Part 4 - CONDOMINIUM SUBDIVISION PLAN › Section R. 559.403 - Mobile home condominium subdivision plan; contents

Current through Vol. 24-12, July 15, 2024
Rule 403.
(1) A
				  mobile home condominium subdivision plan shall be composed of all of the
				  following in compliance with
				  R 559.402(1)(a) to
				  (e):
(a) A
				  cover sheet.
(b) Survey
				  plan.
(c) Floodplain plan, where
				  applicable.
(d) Utility
				  plan.
(e) Site plan.