reglab/statecodes huggingface dataset:
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Office of Policy and Legislative Affairs › Condominiums › Part 4 - CONDOMINIUM SUBDIVISION PLAN › Section R. 559.404 - Campsite condominium subdivision plan; contents

Current through Vol. 24-12, July 15, 2024
Rule 404.
(1) A
				  campsite condominium subdivision plan shall be composed of a cover sheet,
				  survey plan, floodplain plan, where applicable, utility plan, and site plan,
				  complying with
				  R 559.402(1)(a), (b),
				  (c), (d), and (e).
(2) In addition to the aforementioned
				  requirements, show sufficient dimensions and angle measurements to accurately
				  identify the area of fee simple ownership contained within a given description
				  on top of the ground.
(3) The
				  survey plan shall be shown complying with all requirements of
				  R
				  559.402(1)(b), and each individual
				  condominium campsite shall have its boundaries identified on site by setting
				  iron or steel stakes 1/2 inch in diameter and 18 inches in length, at all
				  corners of the campsite. These stakes shall be so identified on the survey
				  plan.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Office of Policy and Legislative Affairs › Condominiums › Part 4 - CONDOMINIUM SUBDIVISION PLAN › Section R. 559.405 - Marina condominium subdivision plan; contents

Current through Vol. 24-12, July 15, 2024
Rule 405.
(1) A
				  marina 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.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Office of Policy and Legislative Affairs › Condominiums › Part 4 - CONDOMINIUM SUBDIVISION PLAN › Section R. 559.406 - Recreational facilities

Current through Vol. 24-12, July 15, 2024
Rule 406. A recreational facility which is part of the
					 condominium or is being added to the condominium shall be illustrated on the
					 site plan, floodplain plan, and utility plan in the actual location of the
					 facility or, in the case of a proposed facility, the proposed location shall be
					 shown and so identified. Actual floor plans of the facility, if it involves a
					 structure, are not required until it is added to the project and are only
					 required if the facility has limited common elements or unit fee simple
					 ownership which would require a floor plan to illustrate the differences and
					 locations.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Office of Policy and Legislative Affairs › Condominiums › Part 4 - CONDOMINIUM SUBDIVISION PLAN › Section R. 559.407 - Survey requirements

Current through Vol. 24-12, July 15, 2024
Rule 407. With respect to the minimum requirements for the
					 survey of a proposed condominium project, monuments shall be located in the
					 ground according to the following requirements:
(a) Monuments consisting of iron or steel
				  bars, or pipes not less than 1/2 inch in diameter and 36 inches in length, and
				  completely encased in concrete not less than 4 inches in diameter shall be
				  placed at all major boundary corners.
(b) Monuments consisting of iron or steel
				  bars, or pipes not less than 1/2 inch in diameter and 18 inches in length, or
				  other approved markers shall be placed at all minor boundary corners.
(c) Monuments shall be located in the ground
				  at all angles in the boundaries of the condominium project boundary; at all
				  points of curvature, points of tangency, points of compound curvature, points
				  of reverse curvature, and angle points in the side lines of streets and alleys;
				  and at all angles of an intermediate traverse line.
(d) If a location of a monument is clearly
				  impractical, it is sufficient to place a reference monument as specified in
				  subdivisions (a) and (e) of this rule. It shall be placed nearby and the
				  precise location thereof shall be clearly indicated on the survey plan of the
				  condominium subdivision plan and referenced to the true point.
(e) If a point required to be monumented is
				  on a bedrock outcropping or other hard surface, a steel rod, not less than 1/2
				  inch in diameter, shall be drilled and grouted into solid material to a minimum
				  depth of 8 inches and clearly labeled on the survey plan.
(f) All required monuments shall be placed
				  flush with the ground, where practicable, in accordance with the final
				  grade.
(g) All required monuments
				  shall be placed before the date of the surveyor's certificate as required by
				  R
				  559.402(b)(i) unless undesirable
				  conditions prohibit such placement. When the monuments are not placed before
				  the date of the surveyor's certificate, they shall be placed within 1 year from
				  the date of recording. The surveyor's certificate shall also be revised
				  accordingly to reflect the nonplacement of monuments and a date by which they
				  will be placed.
(h) The relative
				  error of closure of the surveyed land shall be not more than the ratio of 1
				  part in 5,000.
(i) The bearings
				  shall be expressed in relation to the true meridian or a previously established
				  meridian or bearing, and a statement by the surveyor on the survey plan shall
				  state the source of information used in obtaining the bearings
				  outlined.
(j) Easements shall be
				  established where necessary on access roads which provide access to the
				  proposed condominium. When joint use of an access road to the project is
				  intended, an agreement for maintenance shall also be established.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Office of Policy and Legislative Affairs › Condominiums › Part 4 - CONDOMINIUM SUBDIVISION PLAN › Section R. 559.408 - Identification of a unit, common element, and amenity

Current through Vol. 24-12, July 15, 2024
Rule 408. A unit, limited common element, and amenity shall
					 be identified as follows:
(a) Each
				  unit within a proposed condominium project shall be numbered consecutively,
				  beginning with number 1, throughout the entire project.
(b) Units within a multi-phase development
				  shall be numbered consecutively throughout all phases or amendments.
(c) The same unit number shall not be
				  repeated for different units in the same project.
(d) A unit number shall be shown within the
				  area of ownership for that unit on the condominium subdivision plan.
(e) A structure or improvement, other than
				  those containing units to be conveyed, shall be identified by its
				  title.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Office of Policy and Legislative Affairs › Condominiums › Part 4 - CONDOMINIUM SUBDIVISION PLAN › Section R. 559.409 - Superseding consolidated subdivision plan

Current through Vol. 24-12, July 15, 2024
Rule 409. Upon completing and recording the last phase of a
					 multiphase project, whether the original plan submissions were done by
					 amendment or separate phases, a superseding consolidated subdivision plan shall
					 be prepared and recorded. The superseding consolidated subdivision plan shall
					 combine all previously recorded condominium subdivision plans in the following
					 manner:
(a) For projects recorded by
				  amendments, all of the following provisions apply:
(i) Eliminate all reference to replats, but
				  retain the condominium subdivision plan number as originally
				  assigned.
(ii) Include the exhibit
				  number or letter as used in the consolidated master deed.
(iii) Eliminate all reference to amended
				  sheets in the sheet index.
(iv)
				  Redate each sheet.
(v) In all other
				  aspects, these drawings shall be the same as the last recorded submission for
				  that particular project.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Office of Policy and Legislative Affairs › Condominiums › Part 4 - CONDOMINIUM SUBDIVISION PLAN › Section R. 559.410 - Amendments and replats

Current through Vol. 24-12, July 15, 2024
Rule 410.
(1) Each
				  condominium subdivision may be amended to reflect changes in the boundaries of
				  a condominium unit, or the addition or elimination of condominium units which
				  are constituted as a replat, as specified in section 67 of the act. An
				  amendment may also reflect changes in the boundaries of the land, correction of
				  errors, as-built plans, and changes in common elements. All changes in the
				  originally recorded condominium plans shall be made in accordance with the
				  following requirements:
(a) Each revised
				  sheet shall be redated.
(b) Only
				  the revised sheets and cover sheet shall be recorded.
(c) The sheets being replaced and any new
				  sheets shall be indicated in the sheet index.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Office of Policy and Legislative Affairs › Condominiums › Part 4 - CONDOMINIUM SUBDIVISION PLAN › Section R. 559.411 - As-built condominium subdivision plans

Current through Vol. 24-12, July 15, 2024
Rule 411.
(1) Not
				  later than 1 year after completion of construction of all buildings and
				  improvements represented on the proposed condominium subdivision plans, the
				  developer shall cause an architect, engineer, or surveyor to prepare as-built
				  drawings depicting the project as constructed. These drawings shall be recorded
				  immediately following their completion. These plans shall contain as-built data
				  of all the following:
(a) The coordinate
				  values of the various buildings or units.
(b) All dimensions of the various buildings
				  and units.
(c) The location of all
				  permanent improvements.
(d) The
				  relationship of the buildings to a true meridian.
(e) All general and limited common
				  elements.
(f) Area of each
				  unit.
(g) Floor
				  elevations.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Office of Policy and Legislative Affairs › Condominiums › Part 4 - CONDOMINIUM SUBDIVISION PLAN › Section R. 559.413 - Easements and dedicated thoroughfares

Current through Vol. 24-12, July 15, 2024
Rule 413. A thoroughfare which is proposed to be dedicated
					 to the municipality, county, or state shall be designated on the condominium
					 subdivision plans as "proposed dedication." An easement providing adequate
					 ingress and egress over the proposed dedication shall be provided and shown on
					 the condominium subdivision plan in all cases, unless the road was dedicated
					 before recordation of the master deed or subject amendment. An easement
					 required for establishment and operation of a condominium project, whether for
					 benefit or burden, shall be recorded before recordation of the master deed or
					 subject amendment. Description of the easement may be made by reference to the
					 liber and page number where it is recorded. However, the easement shall be
					 drawn on the survey plan and shall conform to the description as
					 recorded.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Office of Policy and Legislative Affairs › Condominiums › Part 4 - CONDOMINIUM SUBDIVISION PLAN › Section R. 559.415 - Recordation of the condominium subdivision plan

Current through Vol. 24-12, July 15, 2024
Rule 415. A condominium subdivision plan shall be recorded
					 in the county in which the project is located. If a project crosses county
					 lines, it shall be recorded in both counties. The condominium subdivision plan
					 number shall be assigned by the county in consecutive sequence, beginning with
					 number 1, according to section 66(3) of the act. The county shall show the
					 number which it has assigned in the spaces provided in the master deed and
					 condominium subdivision plan, and shall keep an accurate record of those
					 numbers. The condominium subdivision plan shall be photographically reduced, by
					 the developer, to approximately 8 1/2 inches by 14 inches, and submitted for
					 recording. The same condominium subdivision plan in a size measuring 24 inches
					 by 36 inches shall be delivered to, and retained by, the county register of
					 deeds office. Either plan which is retained by the county register of deeds
					 office shall be available for inspection upon request.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Office of Policy and Legislative Affairs › Condominiums › Part 5 - BYLAWS IN A MASTER DEED › Section R. 559.501 - Condominium bylaws generally

Current through Vol. 24-12, July 15, 2024
Rule 501.
(1) The
				  condominium bylaws shall be attached to, and incorporated by reference in, the
				  master deed.
(2) The condominium
				  bylaws shall contain the mandatory provisions of section 54 of the act and as
				  set forth in this part.
(3) An
				  amendment to, or a change in, the condominium bylaws shall be effective upon
				  recordation and the master deed or bylaws shall so state.
(4) If the association of co-owners
				  administering the affairs of the condominium project is a corporation, the
				  corporation's bylaws are hereinafter designated corporate bylaws or association
				  bylaws and shall not be confused with condominium bylaws, hereinafter referred
				  to as "bylaws."
(5) The bylaws
				  shall state all of the following:
(a) The name
				  and location of the condominium project.
(b) The purpose of the bylaws.
(c) Whether the project is a residential
				  condominium, an industrial condominium, a commercial condominium, a
				  professional condominium, a campsite condominium, a marina condominium, a
				  mobile home condominium, or other type of condominium.
(d) Any restrictions affecting the use of
				  individual units or common elements.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Office of Policy and Legislative Affairs › Condominiums › Part 5 - BYLAWS IN A MASTER DEED › Section R. 559.502 - Administration and membership provisions

Current through Vol. 24-12, July 15, 2024
Rule 502.
(1) The
				  bylaws shall designate the association of co-owners as responsible for the
				  management and administration of the common elements, property, easements, and
				  the affairs of the condominium project. The association of co-owners may form
				  or organize an entity for managing the property or otherwise provide for
				  independent management of the project. The bylaws shall indicate the form of
				  the association of co-owners; that is, whether it was created and will operate
				  as a profit or nonprofit corporation, a partnership, or an unincorporated
				  association.
(2) The bylaws may
				  provide reasonable provisions to facilitate the development and sale of the
				  project by the developer until completion of the project.
(3) The bylaws shall comply with section 52
				  of the act.
(4) The bylaws shall
				  provide that membership in the association of co-owners shall be limited to
				  persons who own 1 or more units in the condominium project and each co-owner
				  shall be a member of the association of co-owners.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Office of Policy and Legislative Affairs › Condominiums › Part 5 - BYLAWS IN A MASTER DEED › Section R. 559.504 - Books; inspection; cost of annual audit

Current through Vol. 24-12, July 15, 2024
Rule 504. The bylaws shall provide that the books shall be
					 maintained in accordance with section 57 of the act. The cost of the annual
					 audit shall be an expense of administration. The right of inspection of the
					 books by co-owners may be limited to a reasonable time and place specified in
					 the bylaws.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Office of Policy and Legislative Affairs › Condominiums › Part 5 - BYLAWS IN A MASTER DEED › Section R. 559.505 - Copies of condominium documents; availability

Current through Vol. 24-12, July 15, 2024
Rule 505. The bylaws shall provide that the association of
					 co-owners shall keep current copies of the recorded master deed and amendments
					 and all other condominium documents available for inspection in accordance with
					 section 68 of the act.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Office of Policy and Legislative Affairs › Condominiums › Part 5 - BYLAWS IN A MASTER DEED › Section R. 559.506 - Destruction or condemnation of property

Current through Vol. 24-12, July 15, 2024
Rule 506. The bylaws shall set forth the rights of the
					 co-owners and the procedures to be followed in case of partial or complete
					 destruction, or partial or complete taking by condemnation.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Office of Policy and Legislative Affairs › Condominiums › Part 5 - BYLAWS IN A MASTER DEED › Section R. 559.507 - Mortgages

Current through Vol. 24-12, July 15, 2024
Rule 507. The bylaws shall provide that a co-owner who
					 mortgages his or her unit shall notify the association of co-owners of the name
					 and address of the mortgagee, and that the association of co-owners shall
					 maintain such information in a book entitled, "Mortgages of Units." The
					 association of co-owners may notify the mortgagee of unpaid assessments due
					 from the co-owner of such unit. The association of co-owners shall furnish an
					 individual mortgagee with complete information on all insurance carried by the
					 association of co-owners.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Office of Policy and Legislative Affairs › Condominiums › Part 5 - BYLAWS IN A MASTER DEED › Section R. 559.508 - Insurance

Current through Vol. 24-12, July 15, 2024
Rule 508. The bylaws shall provide that the association of
					 co-owners shall carry insurance for fire and extended coverage, vandalism and
					 malicious mischief, and, if applicable, liability and workers' disability
					 compensation, pertinent to the ownership, use, and maintenance of the premises
					 and that all premiums for insurance carried by the association shall be an
					 expense of administration. The association may carry other insurance coverage,
					 including cross-coverage for damages done by 1 co-owner to
					 another.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Office of Policy and Legislative Affairs › Condominiums › Part 5 - BYLAWS IN A MASTER DEED › Section R. 559.509 - Structural repair or modification of unit; access to unit by designated person

Current through Vol. 24-12, July 15, 2024
Rule 509.
(1) The
				  bylaws shall provide that a co-owner who desires to make a structural repair or
				  modification of his or her unit shall first obtain written consent of the
				  association of co-owners. The association shall not consent if such repair or
				  modification may jeopardize or impair the structural soundness or safety, or
				  both, of the project.
(2) The
				  bylaws shall provide that any person designated by the association of co-owners
				  shall have access to each unit as necessary during reasonable hours, upon
				  notice to the occupant thereof, for maintenance, repair, or replacement of any
				  of the common elements therein or accessible therefrom, and shall have access
				  to each unit without notice for making emergency repairs necessary to prevent
				  damage to other units or the common elements, or both.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Office of Policy and Legislative Affairs › Condominiums › Part 5 - BYLAWS IN A MASTER DEED › Section R. 559.510 - Compliance with act, master deed and bylaws, the articles of association, and rules and regulations adopted by association

Current through Vol. 24-12, July 15, 2024
Rule 510. The bylaws shall provide, in accordance with
					 section 65 of the act, that all present and future co-owners, tenants, and any
					 other persons or occupants using the facilities of the project in any manner
					 are subject to, and shall comply with, the act, the master deed and bylaws, and
					 the articles of association, and rules and regulations adopted by the
					 association of co-owners.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Office of Policy and Legislative Affairs › Condominiums › Part 5 - BYLAWS IN A MASTER DEED › Section R. 559.511 - Reserve fund for major repairs and replacement of common elements

Current through Vol. 24-12, July 15, 2024
Rule 511.
(1) The
				  bylaws shall provide that the association of co-owners shall maintain a reserve
				  fund for major repairs and replacement of common elements in accordance with
				  section 105 of the act. The co-owners' association shall maintain a reserve
				  fund which, at a minimum, shall be equal to 10% of the association's current
				  annual budget on a noncumulative basis.
(2) The funds contained in the reserve fund
				  required to be established by section 105 of the act shall only be used for
				  major repairs and replacement of common elements.
(3) There shall be set aside the amount of
				  funds required by subrule (1) of this rule by the time of the transitional
				  control date. The developer shall be liable for any deficiency in this amount
				  at the transitional control date.
(4) The following statement shall be
				  contained in the bylaws: "The minimum standard required by this section may
				  prove to be inadequate for a particular project. The association of co-owners
				  should carefully analyze their condominium project to determine if a greater
				  amount should be set aside, or if additional reserve funds should be
				  established for other purposes."
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Office of Policy and Legislative Affairs › Condominiums › Part 5 - BYLAWS IN A MASTER DEED › Section R. 559.512 - Resolution of disputes, claims, or grievances

Current through Vol. 24-12, July 15, 2024
Rule 512. The bylaws shall provide for procedures, in
					 accordance with sections 106 and 107 of the act, to resolve any dispute, claim,
					 or grievance arising out of, or relating to, the interpretation or the
					 application of the master deed, the bylaws, or the management agreement, if
					 any. The bylaws may provide for arbitration or other methods of resolving
					 disputes, claims, or grievances arising among or between co-owners or between
					 co-owners and the association of co-owners or between the association and a
					 management company. If arbitration is requested by the parties to such a
					 dispute, claim, or grievance, the dispute, claim, or grievance may be submitted
					 to arbitration and the parties shall accept the arbitrator's decision as final
					 and binding. The bylaws may provide for the application of the commercial
					 arbitration rules, as amended, of the American arbitration
					 association.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Office of Policy and Legislative Affairs › Condominiums › Part 5 - BYLAWS IN A MASTER DEED › Section R. 559.513 - Assessments

Current through Vol. 24-12, July 15, 2024
Rule 513. The bylaws shall set forth detailed information
					 concerning assessments. The method by which assessments are to be made shall be
					 included and shall provide that the board of directors of the association shall
					 establish an annual budget.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Office of Policy and Legislative Affairs › Condominiums › Part 5 - BYLAWS IN A MASTER DEED › Section R. 559.514 - Liens

Current through Vol. 24-12, July 15, 2024
Rule 514.
(1) The
				  bylaws may outline the procedures to be followed in the event of the attachment
				  of a mechanic's lien, and shall make reference to the provisions of section 132
				  of the act.
(2) The bylaws shall
				  outline the procedures to be followed when a co-owner's unpaid assessments owed
				  to the association become a lien on the co-owner's unit and shall contain the
				  provisions in sections 108 and 111 of the act.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Office of Policy and Legislative Affairs › Condominiums › Part 5 - BYLAWS IN A MASTER DEED › Section R. 559.515 - Leasing

Current through Vol. 24-12, July 15, 2024
Rule 515. The bylaws shall contain provisions for leasing
					 condominium units and shall contain provisions pursuant to section 112 of the
					 act.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Office of Policy and Legislative Affairs › Condominiums › Part 9 - DISCLOSURE STATEMENT › Section R. 559.901 - Disclosure statement generally

Current through Vol. 24-12, July 15, 2024
Rule 901.
(1)
				  Pursuant to section 84a of the act, the developer shall prepare a disclosure
				  statement at the time of recordation of the master deed. A disclosure statement
				  shall not be used unless it meets the requirements set forth in the act and
				  these rules. A disclosure statement shall be amended before further use if
				  there is a material change in the information contained therein.
(2) Pursuant to sections 84 and 84a of the
				  act, the developer shall furnish a copy of a current, effective disclosure
				  statement to a prospective condominium purchaser not less than 9 business days
				  before a binding purchase agreement.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Office of Policy and Legislative Affairs › Condominiums › Part 9 - DISCLOSURE STATEMENT › Section R. 559.902 - Format

Current through Vol. 24-12, July 15, 2024
Rule 902.
(1) The
				  disclosure statement shall be prepared in pamphlet form or in any similar form
				  in which the pages are securely fastened together. Any typing, printing, or
				  duplication process may be employed if it produces clear and legible
				  copies.
(2) The items required to
				  be disclosed by
				  R 559.903 shall, unless otherwise
				  indicated, be disclosed under separate headings.
(3) The pages of the disclosure statement
				  shall be consecutively numbered beginning after the cover page and the table of
				  contents with page 1. All the pages shall be the same size.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Office of Policy and Legislative Affairs › Condominiums › Part 9 - DISCLOSURE STATEMENT › Section R. 559.903 - Information to be included in the disclosure statement

Current through Vol. 24-12, July 15, 2024
Rule 903.
(1) The
				  disclosure statement shall fully and accurately disclose those facts or
				  characteristics about a condominium project and a developer which are deemed
				  material. "Material," as used in the preceding sentence, refers to those
				  factors which might reasonably affect a prospective purchaser's decision to
				  accept or reject the offer to purchase the condominium unit. Where material
				  information is not known by the developer, such facts shall be stated with a
				  brief explanation.
(2) The
				  information presented in the disclosure statement shall not obscure the facts,
				  encourage a misinterpretation of the facts, or otherwise mislead the reader. No
				  information is to be incorporated by reference to an extrinsic source which is
				  not readily available to an ordinary prospective purchaser.
(3) The language of the disclosure statement
				  shall be readily understandable by a lay person. Legal phraseology, technical
				  terms, and terms of art are to be avoided where possible.
(4) Brevity is desirable to the extent
				  consistent with the purpose of the disclosure statement and the rules governing
				  its preparation. Thus, the contents of the disclosure statement shall be
				  limited to factual information.
(5)
				  The disclosure statement shall contain a cover page and a table of contents
				  which identifies the sections and subsections of the disclosure
				  statement.
(6) Material information
				  about the developer and the condominium project within the following categories
				  shall be included in the disclosure statement, when applicable:
(a) Condominium project warranties.
(b) The size and scope of the condominium
				  project.
(c) The condominium
				  project budget and assessments.
(d)
				  The condominium project recreational facilities.
(e) Condominium project
				  restrictions.
(f) The developer's
				  background and experience.
(g)
				  Legal proceedings involving the condominium project or the developer.
(h) Condominium association management
				  contracts.
(i) Other material
				  information as will inform purchasers about the unique characteristics of the
				  particular condominium project.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Public Service Commission › MISS DIG Underground Facility Damage Prevention and Safety › Section R. 460.11 - Definitions

Current through Vol. 24-12, July 15, 2024
Rule 11.
(1) As used
				in these rules:
(a) "Act" means MISS DIG
				underground facility damage prevention and safety act, 2013 PA 174, MCL
				460.721 to MCL
				460.733.
(b) "Civil fine" means a fine assessed by and
				paid to the commission for violations of the act.
(c) "Complaint" means a correctly completed
				damage prevention complaint form received by the commission not more than 270
				days after the occurrence of an alleged violation of the act or 90 days after
				discovery of an alleged violation of the act.
(d) "Hearing" means a trial-like
				administrative proceeding before a presiding officer that is conducted under
				the commissions rules of practice and procedure
				R
				792.10401 to
				R
				792.10448.
(e) "Underground facilities safety education
				and training" means relevant education as determined by the commission as part
				of the resolution of a complaint.
(f) "Violation of the act" means a finding of
				a failure to undertake a duty required by the act.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Public Service Commission › MISS DIG Underground Facility Damage Prevention and Safety › Section R. 460.14 - Duties of facility owners, facility operators, and excavators

Current through Vol. 24-12, July 15, 2024
Rule 14.
(1) A
				facility owner or facility operator shall do all of the following:
(a) Become and remain a member of the
				notification system as required under section 4(1) of the act, MCL
				460.724(1).
(b) Participate in and pay the fees levied by
				the notification system as required under section 4(4) of the act, MCL
				460.724(4).
(c) Respond to a ticket by the start date and
				time of the excavation or blasting as required under section 7(1) of the act,
				MCL
				460.727(1).
(d) Provide notification to the notification
				system using positive response as required under section 7(3) of the act, MCL
				460.727(3).
(e) Mark facilities in accordance with the
				uniform color code as required under section 7(2) of the act, MCL
				460.727(2),
				without charging a fee as required under section 4(3) of the act, MCL
				460.724(3).
(f) Mark a facility within 24 hours, not
				including hours on nonbusiness days, of receiving a notification from an
				excavator that previous marks have been covered or destroyed as required under
				section 7(4) of the act, MCL
				460.727(4).
(g) Provide additional assistance if
				necessary as required under section 7(5) of the act, MCL
				460.727(5).
(h) Respond to a damage notice or emergency
				notice as required under section 7(6) and (7) of the act, MCL
				460.727(6)
				and (7).
(i) Construct new facilities after April 1,
				2014 in a manner that allows their detection as required under section 7(8) of
				the act, MCL
				460.727(8).
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Public Service Commission › MISS DIG Underground Facility Damage Prevention and Safety › Section R. 460.17 - Complaint against person other than governmental agency

Current through Vol. 24-12, July 15, 2024
Rule 17.
(1) A
				person or the commission may initiate a complaint against a person, other than
				a governmental agency, alleging a violation of the act.
(2) Before filing a complaint, the
				complainant shall make a good faith attempt to settle the dispute with the
				respondent using any reasonable means of resolution acceptable to the involved
				parties.
(3) If the dispute is not
				settled, the complainant may complete and file the electronic complaint form
				that can be found on the commissions website,
www.michigan.gov/mpsc
, in compliance
				with the user instructions.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Public Service Commission › MISS DIG Underground Facility Damage Prevention and Safety › Section R. 460.20 - Initial commission determination of violation by person other than governmental agency

Current through Vol. 24-12, July 15, 2024
Rule 20.
(1) Upon
				receipt of a complaint concerning a person, other than a governmental agency,
				the commission shall review the complaint and any attached documentation and
				shall conduct any investigation the commission finds necessary to determine
				whether a violation of the act has occurred.
(2) If the commission determines that no
				violation of the act has occurred, the commission shall notify the complainant
				of this finding.
(3) After review
				of the complaint and any investigation, if the commission determines that a
				violation of the act has occurred, the commission shall notify the complainant
				and the respondent by first-class mail in a letter of notification of
				violation.
(4) The letter of
				notification of violation shall include a brief statement of the facts, a
				statement of the alleged violation of the act, the section of the law that was
				allegedly violated, any proposed civil fine, and the due date for the payment
				of the fine. A civil fine shall not exceed $5,000.00 per violation.
(5) The commission may also propose that the
				person who violated the act receive underground facilities safety education and
				training to ensure future compliance with the act.
(6) In cases where a person has committed a
				first offense that does not involve injury, death, or significant property
				damage, and where the person admits responsibility without requesting a
				hearing, the maximum civil fine to be assessed shall not exceed
				$500.00.
(7) At any time during the
				initial determination process, the commission and respondent may enter into an
				agreement on an appropriate resolution of the matter.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Public Service Commission › MISS DIG Underground Facility Damage Prevention and Safety › Section R. 460.24 - Hearing procedures for complaint against person other than governmental agency

Current through Vol. 24-12, July 15, 2024
Rule 24.
(1) If the
				respondent disagrees with the commissions determination that a violation of the
				act occurred or disagrees with the proposed fine or recommended underground
				facilities safety education and training, the respondent may file an answer,
				affirmative defenses, or counterclaims to the complaint and may request a
				hearing. Responsive pleadings shall be filed pursuant to
				R 792.10443.
(2) The commission staff shall schedule a
				hearing before a presiding officer and the hearing shall be conducted pursuant
				to R 792. 10401 to
				R
				792.10448.
(3) If after a hearing the commission
				determines that a violation of the act occurred, the commission may order the
				responsible party to pay a civil fine and may order the responsible party to
				undertake underground facilities safety education and training to ensure future
				compliance with the act. The civil fine shall not exceed $5,000.00 pursuant to
				section 11(2) of the act, MCL
				460.731(2).
(4) Upon payment of the fine and completion
				of any mandatory underground facilities safety education and training, the
				complaint shall be closed.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Public Service Commission › MISS DIG Underground Facility Damage Prevention and Safety › Section R. 460.28 - Complaint against governmental agency by facility owner or operator

Current through Vol. 24-12, July 15, 2024
Rule 28.
(1) Before
				filing a complaint, a facility owner or operator shall make a good faith
				attempt to settle any dispute with the governmental agency that allegedly
				violated the act using any reasonable means of resolution acceptable to the
				parties.
(2) If the dispute cannot
				be settled, a facility owner or facility operator may initiate a complaint by
				completing and filing the electronic complaint form in compliance with the user
				instructions that can be found on the commissions website,
www.michigan.gov/mpsc
.
(3) A facility owner or facility operator
				filing a complaint against a governmental agency may seek a civil fine and, if
				applicable, damages from a governmental agency for a violation of the
				act.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Public Service Commission › MISS DIG Underground Facility Damage Prevention and Safety › Section R. 460.32 - Commission determination; hearing for complaint against governmental agency

Current through Vol. 24-12, July 15, 2024
Rule 32.
(1) Upon
				receipt of a complaint from a facility owner or facility operator against a
				governmental agency, the commission shall review the complaint and any attached
				documentation to determine whether a violation of the act has
				occurred.
(2) If, after review of
				the complaint and any investigation, the commission determines that no
				violation of the act has occurred, the commission shall notify the complainant
				of this finding.
(3) If the
				commission determines that a violation of the act has occurred, the commission
				shall notify the complainant and the governmental agency by first-class mail in
				a letter of notification of violation. The commission shall schedule a hearing
				before a presiding officer, which shall be conducted pursuant to
				R
				792.10401 to
				R
				792.10448.
(4) The presiding officer assigned to the
				matter may direct the parties to attempt settlement of the damages portion of
				the claim through nonbinding mediation or other form of alternative dispute
				resolution. Costs of alternative dispute resolution shall be borne by the
				parties.
(5) After an
				administrative hearing is completed, the commission may order a governmental
				agency to pay actual damages and a civil fine in accordance with section 12(3)
				of the act, MCL
				460.732(3).
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Public Service Commission › MISS DIG Underground Facility Damage Prevention and Safety › Section R. 460.40 - Collection of damage information and availability of records

Current through Vol. 24-12, July 15, 2024
Rule 40.
Facility owners, facility operators, or excavators shall
				  provide damage information to the commission upon commission request to fulfill
				  the damage reporting requirements under Section 11(6) of the act, MCL
				  460.731(6).
				  Proprietary or commercially sensitive information may be filed under protective
				  order pursuant to procedures set forth under MCR 2.302(C).
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Public Service Commission › Consumer Standards And Billing Practices For Electric And Gas Residential Service › Section R. 460.101 - Applicability; purpose

Current through Vol. 24-12, July 15, 2024
Rule 1.
(1) These
				rules apply to utility service that is provided by electric and natural gas
				utilities that are subject to the jurisdiction of the public service
				commission.
(2) These rules are
				intended to promote safe and adequate service to the public and to provide
				standards for uniform and reasonable practices by electric and natural gas
				utilities in dealing with residential and nonresidential customers.
(3) These rules do not relieve a utility from
				any of its duties under the laws of this state.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Public Service Commission › Consumer Standards And Billing Practices For Electric And Gas Residential Service › Section R. 460.101a - Scope of rules

Current through Vol. 24-12, July 15, 2024
Rule 1a.
(1) Nothing
				contained in these rules covering consumer standards and billing practices
				shall be implemented in a manner that circumvents or is inconsistent with
				utility rules, orders, or tariffs approved by the commission to ensure the safe
				and reliable delivery of energy service.
(2) After notice and an opportunity to be
				heard, utilities determined by the commission to be in violation of these rules
				shall be subject to all damages and fines contained within the statutes under
				which these rules are promulgated.
(3) Upon written request of a person,
				utility, or on its own motion, the commission may temporarily waive any
				requirements of these rules when it determines the waiver will further the
				effective and efficient administration of these rules and is in the public
				interest.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Public Service Commission › Consumer Standards And Billing Practices For Electric And Gas Residential Service › Section R. 460.102 - Definitions; A to F

Current through Vol. 24-12, July 15, 2024
Rule 2. As used in these rules:
(a) "Actual meter reading" means a natural
				gas or electric meter reading that is based on the customer's actual energy use
				during the period reported and that complies with 1 of the following:
(i) Performed by a utility
				representative.
(ii) Performed by
				the customer and communicated to the company by mail, telephone, fax, on a
				secure company website, or other reasonable means.
(iii) Transmitted to the utility from the
				meter through a secure communication channel or by an automated or remote meter
				reading device.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Public Service Commission › Consumer Standards And Billing Practices For Electric And Gas Residential Service › Section R. 460.102b - Definitions; Q to Z

Current through Vol. 24-12, July 15, 2024
Rule 2b. As used in these rules:
(a) "Regulation officer" means a member of
				the commission staff who resolves complaints pursuant to these rules.
(b) "Remote shutoff and restoration
				capability" means the ability to terminate or restore service to a premises
				from another location.
(c)
				"Residential service or use" means the provision or use of electricity or
				natural gas for residential purposes.
(d) "Satisfactory payment history" means that
				a customer's account was not delinquent more than 1 time in the past 12
				months.
(e) "Seasonally billed
				customer" means a customer who is billed on a seasonal basis pursuant to a
				utility tariff that is approved by the commission.
(f) "Secondary purpose" means any purpose
				that is not a primary purpose.
(g)
				"Settlement agreement" means a documented agreement that is entered into by a
				customer and a utility and that resolves any matter in dispute.
(h) "Shutoff of service" means a
				discontinuance of utility service that is not requested by a
				customer.
(i) "Small nonresidential
				customer" means a nonresidential customer with usage of less than 300 Mcf of
				natural gas per year or less than 30,000 kWh of electric usage per year,
				including schools and centrally metered apartment buildings.
(j) "Termination of service" means a
				discontinuance of utility service that is requested by a customer or when there
				is no customer of record.
(k)
				"Third party" means a person or entity that has no contractual relationship
				with the utility to perform services or act on behalf of the utility or
				customer.
(l) "Unauthorized use of
				utility service" or "unauthorized use" means theft, fraud, interference, or
				diversion of service, including but not limited to, meter tampering which is
				any act that affects the proper registration of service through a meter;
				by-passing which is unmetered service that flows through a device connected
				between a service line and customer-owned facilities; and, service restoration
				by anyone other than the utility or its representative.
(m) "Utility" means a firm, corporation,
				cooperative, association, or other legal entity that is subject to the
				jurisdiction of the commission and that provides electric or gas
				service.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Public Service Commission › Consumer Standards And Billing Practices For Electric And Gas Residential Service › Section R. 460.104 - Conduct of proceedings

Current through Vol. 24-12, July 15, 2024
Rule 4. The informal procedures required by these rules shall
				  not constitute a contested case as defined by section 3 of 1969 PA 306, MCL
				  24.203.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Public Service Commission › Consumer Standards And Billing Practices For Electric And Gas Residential Service › Section R. 460.105 - Additional rules

Current through Vol. 24-12, July 15, 2024
Rule 5. A utility may adopt additional rules governing
				  relations with its customers that are reasonable and necessary and that are
				  consistent with these rules. The utility's rules shall be an integral part of
				  its tariffs and shall be subject to approval by the commission. If there is a
				  conflict between these rules and a utility's rules or tariffs, these rules
				  govern.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Public Service Commission › Consumer Standards And Billing Practices For Electric And Gas Residential Service › Part 2 - APPLICATION FOR SERVICE › Section R. 460.106 - Service requests

Current through Vol. 24-12, July 15, 2024
Rule 6.
(1)
				  Applicants for service may become customers by requesting service in person at
				  the utility company office, in writing, by telephone, fax, or internet, or
				  other means of communication. Using any of these methods, an applicant shall do
				  all of the following:
(a) Provide positive
				  identification information.
(b)
				  Upon request, show ownership or a lease for the property where service will be
				  rendered if applying to be a nonresidential customer.
(c) Pay a deposit, if required by these
				  rules.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Public Service Commission › Consumer Standards And Billing Practices For Electric And Gas Residential Service › Part 2 - APPLICATION FOR SERVICE › Section R. 460.107 - Residential service account requirements

Current through Vol. 24-12, July 15, 2024
Rule 7.
(1) A
				  utility, applicant, or customer may request the addition of more than 1 adult
				  on the residential service account by meeting both of the following
				  requirements:
(a) The utility obtains
				  documented approval from both the applicant and the additional adult.
(b) The additional adult provides positive
				  identification information.