reglab/statecodes huggingface dataset:
Michigan Administrative Code › Department - Labor and Economic Opportunity › Michigan Rehabilitation Services › General Vocational Rehabilitation › Part 1 - ELIGIBILITY FOR REHABILITATION SERVICE › Section R. 395.86 - Continuation of services pending completion of hearing

Current through Vol. 24-12, July 15, 2024
Rule 36. Assessment, plan development, or IPE-related
					 services that have been initiated shall not be suspended, reduced, or
					 terminated pending mediation or the hearing decision unless the applicant or
					 eligible individual or his or her representative so requests or there is
					 evidence that the services have been obtained through misrepresentation, fraud,
					 collusion, or criminal conduct on the part of the applicant, eligible
					 individual, or his or her representative.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Michigan Rehabilitation Services › General Vocational Rehabilitation › Part 1 - ELIGIBILITY FOR REHABILITATION SERVICE › Section R. 395.87 - Mediation

Current through Vol. 24-12, July 15, 2024
Rule 37.
(1)
				  Mediation is a voluntary process conducted by a qualified and impartial
				  mediator. At any point during the mediation process, either party, or the
				  mediator, may elect to terminate the mediation.
(2) An individual may request mediation after
				  his or her request for a hearing is received.
(3) MRS shall send the request for mediation
				  to the hearings coordinator. The hearings coordinator will assign, on a random
				  basis, a qualified impartial mediator. The hearings coordinator must schedule
				  mediation in a timely manner.
(4)
				  Mediation will be held in a location that is convenient to the parties in the
				  dispute.
(5) An individual
				  appealing MRS decisions has the right to submit evidence or relevant
				  information and present witnesses to support his or her position at
				  mediation.
(6) An agreement reached
				  in the mediation process shall be set forth in a written mediation agreement
				  and must be signed by both parties.
(7) Discussions that occur during the
				  mediation process are confidential and may not be used as evidence in any
				  subsequent due process hearing or civil proceeding.
(8) Either party may enter the written signed
				  mediation agreement as evidence in a subsequent hearing or civil
				  proceeding.
(9) The individual may
				  be represented at the mediation or hearing, including but not limited to,
				  representation by the CAP.
(10) The
				  mediation process may not be used to deny or delay the individuals right to
				  pursue a hearing within the specified time period.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Michigan Rehabilitation Services › General Vocational Rehabilitation › Part 1 - ELIGIBILITY FOR REHABILITATION SERVICE › Section R. 395.88 - Hearing

Current through Vol. 24-12, July 15, 2024
Rule 38.
(1) An
				  individual who is dissatisfied with any determination made by MRS concerning
				  the provision of VRS may seek a redetermination of agency action before an
				  impartial hearing officer.
(2) The
				  individual must submit a written appeal within 30 calendar days of the agency
				  notice regarding its determination or decision.
(3) Agency notice regarding the provision or
				  denial of a service is not required to be in writing, unless it is a
				  suspension, reduction, or termination of authorized services in an
				  IPE.
(4) Individuals will be
				  notified in writing 10 working days before the termination, reduction, or
				  suspension of authorized services being provided under an IPE.
(5) If no request for hearing is made within
				  30 calendar days, the agency decision is considered final.
(6) The request for hearing shall be in
				  writing, and shall describe the decision being appealed. MRS shall accommodate
				  an individuals disability and offer assistance, if appropriate, in the appeal
				  process. The request for hearing shall be sent to the director of MRS who shall
				  immediately forward the request to the hearings coordinator.
(7) The hearings coordinator shall forward
				  the request for hearing to the Michigan Administrative Hearing System (MAHS) to
				  be scheduled for a hearing with a qualified impartial hearing
				  officer.
(8) The hearing shall be
				  held within 60 calendar days of receipt of the request for hearing.
(9) The individual may waive the 60-day time
				  frame to hold the hearing if both parties agree to an extension of time in
				  writing.
(10) A hearing may be
				  dismissed by MAHS if the individual or his or her representative does either of
				  the following:
(a) Withdraws the hearing
				  request in writing.
(b) Fails to
				  appear at the hearing without good cause.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Michigan Stategic fund › Historic Preservation Certification › Section R. 206.151 - Purpose

Current through Vol. 24-12, July 15, 2024
Rule 1. The purpose of these rules is to prescribe the
				  procedures whereby a taxpayer may request certification of historic
				  significance, a rehabilitation plan, and a completed rehabilitation of a
				  historic resource before seeking a tax credit.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Michigan Stategic fund › Historic Preservation Certification › Section R. 206.152 - Definitions

Current through Vol. 24-12, July 15, 2024
Rule 2.
(1) As used
				in these rules:
(a) "Federal secretary" means
				the United States secretary of the interior, or a designee authorized by the
				secretary, in the course of carrying out the secretary's responsibilities to
				certify historic significance, rehabilitation plans, and rehabilitation work
				under federal law.
(b) "Inspection"
				means a visit by an authorized representative of the center to a certified or
				potentially certified historic resource for the purposes of reviewing and
				evaluating the significance of the historic resource or the ongoing or
				completed rehabilitation or for the purpose of determining whether an
				unapproved alteration to the completed rehabilitation was made during the 5
				years after the tax year in which a tax credit was claimed.
(c) "Michigan historical center" or "center"
				means the state historic preservation office of the Michigan historical center
				of the department of state or its successor agency.
(d) "Owner" means a person, partnership,
				corporation, or public body holding a fee simple interest in a resource or
				any
(e) "Rehabilitation" means the
				process of returning a building, structure, or other historic resource to a
				useful state, through repair or alteration, which makes possible an efficient
				or a functional use while preserving the portions and features of the historic
				resource that are significant to its historical, architectural, and cultural
				values.
(f) "Standards and
				guidelines" means the federal secretary's standards for rehabilitation and
				guidelines for rehabilitating historic buildings set forth in, and authorized
				by,
				36 C.F.R. section
				67.7.
(g) "Tax credit" means a credit against a
				federal tax as allowed by section 47(a)(2) of the internal revenue code of
				1990,
				26 U.S.C. section
				47, or against a state tax as allowed by
				section 266 of 1967 PA 281, MCL 206.266, or section 39c of 1975 PA 228, MCL
				208.39c.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Michigan Stategic fund › Historic Preservation Certification › Section R. 206.153 - Preliminary information

Current through Vol. 24-12, July 15, 2024
Rule 3. A person who owns or leases a resource which the
				  person believes to be a historic resource and which, if rehabilitated, could
				  qualify the person for a tax credit may communicate with the Michigan
				  historical center and request information on a preliminary basis with respect
				  to whether the resource is historic, whether a rehabilitation plan appears to
				  conform with standards and guidelines, or whether completed rehabilitation
				  appears to conform with standards and guidelines.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Michigan Stategic fund › Historic Preservation Certification › Section R. 206.154 - Certification; historic significance

Current through Vol. 24-12, July 15, 2024
Rule 4.
(1) A person
				who is eligible to apply for a tax credit shall first submit an application to
				the center for certification of historic significance of the person's possible
				historic resource. If the person is eligible to claim a federal tax credit or
				both federal and state tax credits, then the person shall apply on a historic
				preservation certification application prescribed by the national park service.
				The person shall also file, at the same time, a declaration of location and
				other project information prescribed by the Michigan historical center. If the
				person is eligible to claim a state tax credit exclusively, then the person
				shall apply only on a historic preservation certification application
				prescribed by the center. The person shall file 2 copies of each application
				and declaration.
(2) An application
				shall contain the information requested in the application. The application
				shall include, but is not limited to, all of the following information:
(a) Name and mailing address of each owner or
				long-term lessee, if any, seeking the credit.
(b) Common modern name and historic name, if
				any, of the resource.
(c) Address
				of the resource.
(d) Name of the
				historic district, if applicable.
(e) All of the following photographs:
(i) Current photographs of the
				resource.
(ii) Photographs of the
				building or structure, site, and landscaping before alteration.
(iii) Photographs showing the property in
				conjunction with adjacent properties and structures along the
				streetscape.
(iv) A photograph of
				each distinct interior space, such as a room, and each significant interior
				feature.
(f) A brief
				description of the resource, including major alterations, distinctive features
				and spaces, and dates of construction activity.
(g) A brief statement of significance,
				summarizing how the resource reflects historical values, including the values
				that may give a designated historic district its distinctive
				character.
(h) A map clearly
				locating the resource in a local unit or in an established historic
				district.
(i) The social security
				number or federal taxpayer identification number of each applicant.
(j) The signature of each
				applicant.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Michigan Stategic fund › Historic Preservation Certification › Section R. 206.156 - Certification; completed rehabilitation

Current through Vol. 24-12, July 15, 2024
Rule 6.
(1) To
				initiate a review of completed rehabilitation, a person shall complete the
				"request for certification of completed work" portion of the historic
				preservation certification application prescribed by the national park service
				or the comparable portion of the historic preservation certification
				application prescribed by the Michigan historical center, whichever is
				appropriate, and submit 2 copies of the application to the center. The
				applicant shall pay the fee as prescribed in
				36 C.F.R section
				67.11 for a federal application or as
				prescribed in
				R 206.157
				for a state application, whichever is appropriate, before issuance of a
				certification regarding completed rehabilitation. The application shall include
				the project completion date, the social security number or federal taxpayer
				identification number of the applicant, and a signed statement that the
				completed rehabilitation is consistent with part 2 of the application and meets
				the federal secretary's standards and guidelines. The application shall be
				accompanied by photographs adequate to document the completed
				rehabilitation.
(2) Upon receipt of
				a complete and adequately documented request for certification of completedwork
				and other items as described in subrule (1) of this rule, the center, within 45
				days of receipt, shall perform a review to determine whether the completed
				rehabilitation conforms with the rehabilitation plans and plan amendments, if
				any, and meets the federal secretary's standards and guidelines. The center
				shall determine conformance to the standards and guidelines on the basis of
				application documentation and other available information showing the historic
				resource as it existed in its historic setting. To qualify for certification,
				the completed rehabilitation work shall comport with each element of the
				secretary's 10 standards, to the extent applicable.
(3) If the center determines that the
				rehabilitation does not meet the federal secretary's standards and guidelines,
				then the center, directly or through the federal secretary, shall notify the
				applicant of the determination in writing. The center may require changes in
				the rehabilitation that enable the rehabilitation to meet the federal standards
				and guidelines. The center shall refrain from processing the application
				further until the required changes in the rehabilitation have been
				made.
(4) If the center determines
				that the rehabilitation meets the federal secretary's standards and guidelines,
				then the center shall, directly or through the federal secretary, notify both
				the applicant and the Michigan department of treasury of the
				determination.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Michigan Stategic fund › Historic Preservation Certification › Section R. 206.157 - Fees

Current through Vol. 24-12, July 15, 2024
Rule 7.
(1) An
				applicant who submits a historic preservation certification application
				prescribed by the national park service is responsible for the payment of fees
				in the amount, and to the office, prescribed in
				36 C.F.R. section
				67.11.
(2) An applicant who submits a historic
				preservation certification application prescribed by the Michigan historical
				center is responsible for payment of fees in the amount, and to the office,
				prescribed in subrule (3) of this rule. An applicant shall not make payment
				until the center requests payment. An applicant shall make a check or other
				instrument payable to the "State of Michigan." The center shall not make a
				certification decision until the appropriate remittance has been received. All
				fees are nonrefundable.
(3) An
				applicant shall remit fees to the center on the basis of the following fee
				schedule:
Fee
Size of rehabilitation
No fee
$0.00 to $999.00.
$25.00
$1,000.00 to $3,999.00.
$100.00
$4,000.00 to $9,999.00.
$250.00
$10,000.00 to $19,999.00.
$500.00
$20,000.00 to $99,999.00.
$800.00
$100,000.00 to $499,999.00.
$1,500.00
$500,000.00 to $999,999.00.
$2,500.00
$1,000,000.00 or more.
(4)
				An applicant who submits a declaration of location as prescribed in
				R
				206.154 shall submit a processing fee of $25.00. An
				applicant shall make a check or other instrument payable to the "State of
				Michigan." All processing fees are nonrefundable.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Michigan Stategic fund › Historic Preservation Certification › Section R. 206.158 - Inspection; revocation

Current through Vol. 24-12, July 15, 2024
Rule 8.
(1) The
				center may conduct an inspection of a historic resource at any reasonable time
				within 5 years after completion of rehabilitation.
(2) The center may issue a revocation of a
				certification, after giving the applicant 30 days' written notice, if the
				center determines that a rehabilitation was not undertaken in conformity with
				the federal secretary's standards and guidelines or if the applicant, after
				obtaining certification, undertook further unapproved work inconsistent with
				the standards and guidelines. The center shall notify the department of
				treasury of a revocation issued under this subrule. The department of treasury
				shall determine the Michigan tax consequences of a revocation of certification,
				if any. An applicant may appeal a revocation of certification under this
				subrule under
				R
				206.159.
(3) The owner or lessee of a certified
				historic resource shall notify the center if a property has been damaged,
				altered, or otherwise substantially changed after issuance of a certification
				of historic significance. Upon receipt of notice and upon further
				investigation, the center may issue a revocation of historic certification. The
				center shall furnish a copy of the revocation of certification to the
				department of treasury. The department of treasury shall determine the Michigan
				tax consequences of a revocation of certification, if any. The owner or lessee
				of a resource may appeal a revocation of certification under this subrule under
				R
				206.159.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Michigan Stategic fund › Historic Preservation Certification › Section R. 206.159 - Appeals

Current through Vol. 24-12, July 15, 2024
Rule 9.
(1) A person
				may appeal a denial of an application for certification submitted under these
				rules or a revocation issued under
				R
				206.158. If the appeal involves a historic
				preservation certification application prescribed by the national park service,
				then the appellant shall follow the procedures set forth in
				36
				C.F.R. section 67.10. If the appeal involves
				a historic preservation certification application, letter of declaration
				prescribed by the Michigan historical center, or a revocation issued under
				R
				206.158, then the appellant shall follow the
				procedures prescribed in this rule.
(2) To file an appeal under this rule, an
				appellant shall submit a written appeal that specifically states the word
				appeal and identifies the reason or reasons for reversal of the denial. For an
				appeal to be considered, the appellant shall file the appeal within 60 days of
				the appellant's receipt of the decision that is the subject of the appeal. The
				appeal shall be addressed to the Chief Appeals Officer, Michigan Historical
				Center, Michigan Department of State, 717 W. Allegan Street, Lansing, MI
				48918-1800. All information, records, and other materials that the appellant
				wants considered shall accompany the written appeal.
(3) The chief appeals officer shall contact
				the center and obtain a copy of the center's official file on the application
				at issue. The officer shall consider all of the following, but shall not
				conduct a hearing:
(a) The center's
				file.
(b) All written submissions
				from the appellant.
(c) All
				pertinent standards and guidelines affecting the historic resource.
(d) Any other available
				information.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Michigan Stategic fund › Historic Preservation Certification › Section R. 206.160 - Sale or transfer of resource; notification

Current through Vol. 24-12, July 15, 2024
Rule 10. If a person has received a certification under these
				  rules and sells or otherwise transfers the person's historic resource within 5
				  years of receipt of certification, then the person shall notify the Michigan
				  historical center and the department of treasury of the sale or
				  transfer.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Michigan Stategic fund › Historic Preservation Certification › Section R. 206.201 - Purpose

Current through Vol. 24-12, July 15, 2024
Rule 201. The purpose of these rules is to prescribe the
				  procedures whereby a qualified taxpayer may request all of the following in
				  order to qualify for a tax credit under the income tax act of 1967, 1967 PA
				  281, MCL 206.1 to 206.713:
(a) A
				certification of historic significance.
(b) Certification of a rehabilitation
				plan.
(c) Certification of a
				completed rehabilitation of a historic resource.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Michigan Stategic fund › Historic Preservation Certification › Section R. 206.202 - Definitions

Current through Vol. 24-12, July 15, 2024
Rule 202.
(1) As
				used in these rules:
"Act" means the income tax act of 1967, 1967 PA 281, MCL
				  206.1 to 206.713
.
"Applicant" means a qualified taxpayer or taxpayers making
				  application for the tax credits.
"Compliance period" means the 5-year period beginning on the
				  date a certificate of completed rehabilitation is issued.
"Federal Secretary" means the United States Secretary of the
				  Interior, or a designee authorized by the Secretary, in the course of carrying
				  out the Secretary's responsibilities to certify historic significance,
				  rehabilitation plans, and rehabilitation work under federal law.
"Inspection" means a visit by an authorized representative of
				  the office to a certified or potentially certified historic resource for the
				  purposes of reviewing and evaluating the significance of the historic resource
				  or the ongoing or completed rehabilitation or for the purpose of determining
				  whether an unapproved alteration to the completed rehabilitation was made
				  during the 5-year compliance period.
"In writing" means written comments provided via first class
				  mail, certified mail, or email.
"Project types" means owner-occupied residential resources,
				  small nonresidential historic resources, and large nonresidential historic
				  resources as those terms are defined in the act.
"Property" means 1 or more historic resources located on 1 or
				  more parcels under the control of a common owner where the structures are
				  judged by the office to have been functionally related historically to serve an
				  overall purpose, such as a mill complex or a residence and carriage
				  house.
"Rehabilitation" means the process of returning a historic
				  resource to a useful state, through repair or alteration, that makes possible
				  an efficient or a functional use while preserving the portions and features of
				  the historic resource that are significant to its historical, architectural,
				  and cultural values.
"Returned to service" means the date on which, based on all
				  the facts and circumstances, either of the following occurs:
(i) The historic resource has reached a
				degree of completion that would permit its operation at substantially its
				designed level, even though it is not in operation.
(ii) The historic resource is, in fact, in
				operation at substantially its designed level.
"Standards and guidelines" means the Federal Secretary's
				  standards for rehabilitation and guidelines for rehabilitating historic
				  buildings set forth in, and authorized by 36 CFR part 67.
"Tax credit" means a credit against a federal tax as allowed
				  by section 47(a)(2) of the internal revenue code of 1990,
				  26 USC 47,
				  or against a state tax as allowed by section 266a or section 676 of the act,
				  MCL 206.266a and 206.676.
"Year" means a calendar year beginning January 1 and ending
				  December 31.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Michigan Stategic fund › Historic Preservation Certification › Section R. 206.203 - Preliminary information

Current through Vol. 24-12, July 15, 2024
Rule 203. A qualified taxpayer who owns or holds a long-term
				  lease for a resource that they believe is a historic resource and, if
				  rehabilitated, could qualify them for a tax credit, may communicate with the
				  office and request information on a preliminary basis with respect to whether
				  the resource appears to be historic, whether a rehabilitation plan appears to
				  conform with standards and guidelines, or whether completed rehabilitation
				  appears to conform with standards and guidelines. Preliminary comments are not
				  binding on the office, nor do they replace any formal reviews prescribed by
				  these rules.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Michigan Stategic fund › Historic Preservation Certification › Section R. 206.205 - Certification; rehabilitation plan

Current through Vol. 24-12, July 15, 2024
Rule 205.
(1) To
				initiate a review of a rehabilitation plan for certification purposes, an
				applicant with an approved state part 1 application shall submit a state part 2
				application to the office for the historic resource. An applicant may submit a
				state part 1 and 2 application simultaneously, but the office will not review
				the state part 2 application until it has determined that the state part 1
				applications is complete, and the property is a qualified historic resource. If
				the applicant is eligible to claim only a federal tax credit, then the
				applicant shall apply on a historic preservation certification application
				prescribed by the National Park Service. If the applicant is eligible to claim
				both a federal and state tax credit, then the applicant shall apply on a
				historic preservation certification application prescribed by the National Park
				Service and file a state part 2 application, remit the state fee as prescribed
				in R 206.209, and provide any other project information prescribed by the
				office. If the applicant is eligible to claim only a state tax credit, then the
				applicant shall apply on a historic preservation certification application
				state part 2, remit the state fee as prescribed in R 206.209, provide any other
				project information prescribed by the office, and a verification of state
				equalized value form, as required by the act.
(2) The office will accept only 1 state part
				2 application per property at a time. If multiple state part 2 applications for
				a property are received, the first complete and properly documented state part
				2 application received by the office will be accepted and processed for review.
				Any additional state part 2 applications received by the office for the same
				property will be deemed invalid.
(3) Applications for projects with National
				Park Service part 2 approvals, work carried out or, that were complete and
				returned to service before the effective date of the legislation, will not be
				accepted.
(4) An applicant may file
				a state part 2 application that includes work already completed. The office
				shall determine if the completed work is acceptable on its own and in
				conjunction with the proposed work included in the state part 2 application. A
				state part 2 application must not include any work that was completed more than
				1 year before the date a state part 2 application was submitted to the office.
				If a state part 2 application includes previously completed work, and is
				awarded a preapproval letter, the 8-year period for completion of the project
				will be reduced to 7 years and the period to submit the state part 3
				application reduced to the earliest of the following to occur:
(a) Eight years from the date of the
				preapproval letter.
(b) One year
				after the historic resource is returned to service.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Michigan Stategic fund › Historic Preservation Certification › Section R. 206.207 - Certification; rehabilitation plan amendments

Current through Vol. 24-12, July 15, 2024
Rule 207.
(1) To
				initiate a review of a rehabilitation plan amendment for certification
				purposes, an applicant with an approved state part 1 and 2 application shall
				submit a state amendment application to the office for the historic resource.
				If the applicant is eligible to claim only a federal tax credit, the applicant
				shall apply on a historic preservation certification amendment application form
				as prescribed by the National Park Service. If the applicant is eligible to
				claim both, federal and state tax credits, then the applicant shall apply on a
				historic preservation certification application amendment form as prescribed by
				the National Park Service and file a state application amendment form, and any
				provide other project information prescribed by the office. If the applicant is
				eligible to claim only a state tax credit, then the applicant shall apply only
				on a historic preservation certification application amendment form prescribed
				by the office.
(2) An application
				for rehabilitation plan amendment must include all of the following:
(a) Applicant name, business entity's name,
				mailing address, phone number, and email of each owner or long-term lessee
				seeking the credit, if any.
(b)
				Common modern name and historic name of the resource, if any.
(c) Address of the resource.
(d) Photographs determined sufficient by the
				office to document the condition and appearance of the area or areas affected
				by the proposed work scope modifications.
(e) A written description of the proposed
				changes or new work.
(f) Plans and
				specifications for the amended rehabilitation work.
(g) Any plans for adjacent, attached, or
				related new construction as appropriate.
(h) The social security number or federal
				taxpayer identification number of applicant.
(i) Any additional documentation, such as
				window surveys or masonry cleaning specifications, requested by the
				office.
(j) The signature of each
				applicant.
(k) Any other documents
				the office or its governing agency require or determine necessary.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Michigan Stategic fund › Historic Preservation Certification › Section R. 206.209 - Fees

Current through Vol. 24-12, July 15, 2024
Rule 209.
(1) An
				applicant that submits a historic preservation certification application
				prescribed by the National Park Service by itself, or in conjunction with a
				historic preservation certification application prescribed by the office, is
				responsible for the payment of fees to the National Park Service in the amount
				prescribed in
				36 CFR
				67.11.
An applicant that submits a historic preservation
				  certification application prescribed by the office, or in conjunction with a
				  historic preservation certification application prescribed by the National Park
				  Service, is responsible for payment of fees described in subrule (1) of this
				  rule as well as those fees specified in subrules (3), (4), and (5) of this
				  rule. The office shall not provide an applicant with any certification decision
				  until the appropriate fee has been received. Upon request of the office, the
				  applicant shall remit the appropriate fee as directed by the office. All fees
				  are nonrefundable.
An applicant shall remit the following state part 1 fees to
				  the office based on property type:
Owner-occupied residential properties: $50.00.
All other properties: $100.00.
An applicant shall remit the following state part 2 fees to
				  the office based on property type and amount of qualified expenditures:
(a) Owner-occupied residential properties:
(i) One hundred dollars if anticipated
				qualified expenses are $20,000.00 or less.
(ii) Two percent of the anticipated credit if
				anticipated qualified expenses are greater than $20,000.00.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Michigan Stategic fund › Historic Preservation Certification › Section R. 206.210 - Inspection; revocation

Current through Vol. 24-12, July 15, 2024
Rule 210.
(1) The
				office may conduct an inspection of a historic resource during the
				rehabilitation process and during the compliance period.
The office may, after giving the qualified taxpayer 30 days'
				  written notice, issue a revocation of a certificate of completed rehabilitation
				  if the office determines that a rehabilitation was either not undertaken in
				  conformity with the standards and guidelines or, if during the compliance
				  period, either the historic resource was damaged, altered, or substantially
				  changed or the applicant undertook further unapproved work inconsistent with
				  the standards and guidelines. The office shall notify the department of
				  treasury of any revocation issued under this subrule. The department of
				  treasury shall determine the state tax consequences to the qualified taxpayer
				  of a revocation of certification in accordance with section 266a(9) of the act,
				  MCL 206.266a.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Michigan Stategic fund › Historic Preservation Certification › Section R. 206.211 - Appeals

Current through Vol. 24-12, July 15, 2024
Rule 211.
(1) An
				applicant may appeal a denial of an application for certification submitted
				under these rules. If the appeal involves a historic preservation certification
				application prescribed by the National Park Service by itself, or in
				conjunction with a historic preservation certification application prescribed
				by the office, then the applicant shall follow the procedures set forth in
				36 CFR
				67.10 to appeal the federal portion of the
				credit. If the appeal involves an application for certification prescribed by
				the office by itself, then the applicant shall follow the procedures prescribed
				in this rule for the state credit.
To file an appeal under this rule, an applicant shall submit
				  a written appeal to the state historic preservation officer, care of the
				  office, within 60 days from the date of the denial. The request must state
				  "APPEAL" on its header, state the reason or reasons the applicant believes the
				  denial should be reversed, and include all information, records, and other
				  materials the applicant wants considered.
The state historic preservation officer, or his or her
				  delegate, shall schedule a hearing. Once a final order has been issued, an
				  applicant has exhausted all of their administrative remedies.
Michigan Administrative Code › Department - Labor and Economic Opportunity › Michigan Stategic fund › Historic Preservation Certification › Section R. 206.212 - Sale or transfer of resource

Current through Vol. 24-12, July 15, 2024
Rule 212.
(1) If,
				during the compliance period, a qualified taxpayer wishes to either sell or
				transfer the qualified taxpayer's interest in the historic resource, the
				qualified taxpayer shall notify the office and the department of treasury in
				writing of their intent at least 6 months before the proposed sale or
				transfer.
(2) The qualified
				taxpayer shall do all of the following:
(a)
				Provide at their own expense, and in a form and manner acceptable to the
				office, all of the following information, in addition to the notice:
(i) Copy of the executed purchase and sale
				agreement.
(ii) Proof of
				notification to the department of treasury.
(iii) A copy of the deed to the
				property.
(iv) The name and project
				number of the project that received the credits.
(v) The name and address of the property
				being transferred.
(vi) The legal
				description of the property.
(vii)
				The name and contact information for all qualified taxpayers that received
				credits resulting from the previous state part 3 certification.
(viii) The name and contact information for
				the new owner.
(ix) The date the
				state part 3 certification for the project was issued.
(x) The total amount of state credits
				received by the project.
(xi) Any
				additional document or information requested by the office.
Michigan Administrative Code › Department - Labor and Economic Opportunity › MIOSHA › Agriculture Safety Standards › Part 51 - Agricultural Tractors › Section R. 408.45101 - Adoption of federal standard

Current through Vol. 24-12, July 15, 2024
Rule 5101. Effective 15 days after filing with the
					 secretary of state, a tractor used in agricultural operations shall be as
					 prescribed in 29 C.F.R. SS1928.51, which is adopted by these rules by reference
					 and which may be inspected at the Lansing office of the department of consumer
					 and industry services. 29 C.F.R. SS1928.51 was published in the March 7, 1996,
					 Federal Register and may be purchased at a cost of 75 cents from the
					 Superintendent of Documents, Washington, D.C. 20402, or from the Occupational
					 Safety and Health Administration Area Office 231 W. Lafayette, Detroit,
					 Michigan 48226.
The section is also available at no cost from the Michigan
					 Department of Consumer and Industry Services, 7150 Harris Drive, Lansing,
					 Michigan 48909- 8143.
An obvious error in
					 R 408.45101 was corrected at the request of the promulgating agency, pursuant
					 to Section 56 of 1969 PA 306, as amended by 2000 PA 262, MCL 24.256. The rule
					 containing the error was published in Michigan Register, 1997 MR 2. The
					 memorandum requesting the correction was published in Michigan Register, 2003
					 MR 20
Michigan Administrative Code › Department - Labor and Economic Opportunity › MIOSHA › Agriculture Safety Standards › Part 53 - Farm Field Equipment › Section R. 408.45301 - Adoption of federal standard

Current through Vol. 24-12, July 15, 2024
Rule 5301.
(1)
				  Farm field equipment used in agricultural operation shall be as prescribed in
				  paragraphs (a) to (c) of 29 C.F.R. S1928.57, O.S.H.A.safety and health
				  regulations for the guarding of farm field equipment, farmstead equipment, and
				  cotton gins, which are incorporated herein by reference and may be inspected at
				  the Lansing office of the department of consumer and industry services. This
				  section was published in the March 9, 1976, and October 22, 1976, Federal
				  Registers and may be purchased at a cost of 75 cents from the Superintendent of
				  Documents, Washington, D.C. 20402, or from the O.S.H.A. area office, 231 W.
				  Lafayette, Detroit, Michigan 48226. This section may also be purchased at a
				  cost of 20 cents from the Michigan Department of Consumer and Industry
				  Services, 7150 Harris Drive, Lansing, Michigan 48926.
(2) Notwithstanding the effective dates
				  contained in paragraph (a)(3) of the reference regulation, the effective dates
				  shall be 15 days after filing with the secretary of state.
Michigan Administrative Code › Department - Labor and Economic Opportunity › MIOSHA › Agriculture Safety Standards › Part 55 - Agricultural Operations › Section R. 408.45501 - Adoption by reference of federal standards

Current through Vol. 24-12, July 15, 2024
Rule 45501.
(1)
				  The following federal occupational safety and health administration (OSHA)
				  regulations are adopted by reference in these rules:
(a)
											29 C.F.R.
				  §1928.21, Applicability of standards for
				  agricultural operations, as amended March 7, 1996.
(b)
											29 C.F.R.
				  §1928.110, Field sanitation for
				  agricultural operations, as amended June 8, 2011.
Michigan Administrative Code › Department - Labor and Economic Opportunity › MIOSHA › Agriculture Safety Standards › Part 55 - Agricultural Operations › Section R. 408.45502 - Availability of documents

Current through Vol. 24-12, July 15, 2024
Rule 45502.
(1)
				  The OSHA regulations adopted by reference in these rules are available from the
				  United States Department of Labor, Occupational Safety and Health
Administration, via the internet at website www.osha.gov
					 [File Link Not Available], at no charge as of the time of adoption of these
					 rules.
(2) The regulations
				  adopted in these rules are available for inspection at the Department of
				  Licensing and Regulatory Affairs, MIOSHA Regulatory Services Section, 7150
				  Harris Drive, Lansing, Michigan, 48909-8143.
(3) Copies of the regulations adopted in
				  these rules may be obtained from the publisher or may be obtained from the
				  Department of Licensing and Regulatory Affairs, MIOSHA Regulatory Services
				  Section, 7150 Harris Drive, Lansing, Michigan, 48909-8143, at the cost charged
				  in this rule, plus $20.00 for shipping and handling.
(4) The following Michigan occupational
				  safety and health standards are referenced in these rules. Up to 5 copies of
				  these standards may be obtained at no charge from the Michigan Department of
				  licensing and regulatory affairs, MIOSHA Regulatory Services Section, 7150
				  Harris Drive, P.O. Box 30643, Lansing, MI, 48909-8143 or via the internet at
				  website:
www.michigan.gov/mioshastandards
.
				  For quantities greater than 5, the cost, at the time of adoption of these
				  rules, is 4 cents per page.
(a) General
				  Industry Safety Standard Part 37 Accident Prevention Signs and Tags,
				  R
				  408.13701 to
				  R
				  408.13736.
(b) General Industry Safety Standard Part 51
				  Logging,
				  R
				  408.15101 to
				  R
				  408.15181.
(c) General Industry Safety Standard Part 78
				  Storage and Handling of Anhydrous Ammonia,
				  R
				  408.17801.
(d) Occupational Health Standard Part 309
				  Cadmium, R 325.51851 to
				  R
				  325.1027.
(e) Occupational Health Standard Part 430
				  Hazard Communication,
				  R 325.77002 to
				  R 325.77003.
(f) Occupational Health Standard Part 511
				  Temporary Labor Camps,
				  R
				  325.51131 to
				  R
				  325.51143.
Michigan Administrative Code › Department - Labor and Economic Opportunity › MIOSHA › All Industry Administrative Rules › Part 4 - Procedures Board of Appeal › GENERAL PROVISIONS › Section R. 408.21401 - Scope

Current through Vol. 24-12, July 15, 2024
Rule 401.
(1)
					 These rules shall govern proceedings in contested cases before the board or a
					 hearings officer.
(2) Proceedings
					 in a hearing before the board or a hearings officer shall also be governed by
					 chapter 4 of Act No. 306 of the Public Acts of 1969, as amended, being S24.271
					 et seq. of the Michigan Compiled Laws, and the act.
Michigan Administrative Code › Department - Labor and Economic Opportunity › MIOSHA › All Industry Administrative Rules › Part 4 - Procedures Board of Appeal › GENERAL PROVISIONS › Section R. 408.21403 - Definitions; A to D

Current through Vol. 24-12, July 15, 2024
Rule 403.
(1)
					 "Act" means the Michigan occupational safety and health act, Act No. 154 of the
					 Public Acts of 1974, as amended, being S408.1001 et seq. of the Michigan
					 Compiled Laws.
(2) "Board" means
					 the board of health and safety compliance and appeals.
(3) "Bureau" means the bureau of safety and
					 regulation or the bureau of environmental and occupational health.
(4) "Citation" means a written communication
					 issued by the department to an employer pursuant to section 33 of the
					 act.
(5) "Day" means a calendar
					 day.
(6) "Department" means the
					 department of consumer and industry services or the department of public
					 health.
(7) "Director" means the
					 director of the department of consumer and industry services or his authorized
					 representative, or the director of the department of public health or his
					 authorized representative.
Michigan Administrative Code › Department - Labor and Economic Opportunity › MIOSHA › All Industry Administrative Rules › Part 4 - Procedures Board of Appeal › GENERAL PROVISIONS › Section R. 408.21405 - Definitions; E to P

Current through Vol. 24-12, July 15, 2024
Rule 405.
(1)
					 "Executive secretary" means secretary to the board.
(2) "Party" means the employer cited, the
					 employee or employees affected by the citation, or their legal representative,
					 and the department.
(3) "Person"
					 means 1 or more individuals, partnerships, associations, corporations, business
					 trusts, representatives, an organized group of individuals, or the state or a
					 political subdivision of the state, or an agency, instrumentality, or authority
					 thereof.
Michigan Administrative Code › Department - Labor and Economic Opportunity › MIOSHA › All Industry Administrative Rules › Part 4 - Procedures Board of Appeal › GENERAL PROVISIONS › Section R. 408.21411 - Computation of time

Current through Vol. 24-12, July 15, 2024
Rule 411. In the computation of the period of time within
						which an act shall be performed or appeal filed, the calendar day from which
						the act shall be performed or appeal filed shall be excluded in the computation
						of time. The calendar day on which a compliance therewith is required shall be
						included. If the last day within which the act shall be performed or appeal
						filed is a Saturday, Sunday, or a legal holiday, that day shall be excluded and
						the period shall run until the end of the next day which is neither a Saturday,
						Sunday, or legal holiday.
Michigan Administrative Code › Department - Labor and Economic Opportunity › MIOSHA › All Industry Administrative Rules › Part 4 - Procedures Board of Appeal › GENERAL PROVISIONS › Section R. 408.21412 - Extension of time

Current through Vol. 24-12, July 15, 2024
Rule 412. Requests for an extension of time for the
						filing of any document or application shall be received in advance of the date
						on which document or application is due to be filed.
Michigan Administrative Code › Department - Labor and Economic Opportunity › MIOSHA › All Industry Administrative Rules › Part 4 - Procedures Board of Appeal › GENERAL PROVISIONS › Section R. 408.21413 - Filing

Current through Vol. 24-12, July 15, 2024
Rule 413.
(1)
					 All documents, with the exception of the notice of appeal, shall be filed with
					 the Board of Health and Safety Compliance and Appeals, State Secondary Complex,
					 7150 Harris Drive, Box 30015, Lansing, Michigan 48909. The notice of appeal
					 shall be filed with the division of the department that issued the
					 citation.
(2) Delivery for filing
					 may be accomplished by registered, certified, or first class mail or by
					 personal delivery at the Board of Health and Safety Compliance and Appeals,
					 State Secondary Complex, 7150 Harris Drive, Box 30015, Lansing, Michigan
					 48909.
(3) Filing is deemed
					 effective at the time of mailing or at the time of personal service at the
					 board. The mailing date shall be presumed to be the postmark date appearing on
					 the envelope if postage was prepaid and the envelope was properly
					 addressed.
Michigan Administrative Code › Department - Labor and Economic Opportunity › MIOSHA › All Industry Administrative Rules › Part 4 - Procedures Board of Appeal › GENERAL PROVISIONS › Section R. 408.21414 - Protection of trade secrets

Current through Vol. 24-12, July 15, 2024
Rule 414. Upon application of a party, the board or a
						hearings officer shall issue such orders as may be appropriate to protect the
						confidentiality of trade secrets obtained in connection with an inspection,
						investigation, or proceedings conducted pursuant to the act.