Michigan Administrative Code › Department - Labor and Economic Opportunity › Workers Compensation Agency › Workers' Compensation Agency - General Rules › Part 3 - HEARINGS › Section R. 408.36 - Service of papers and other pleadings; manner of service; date of service; statement or proof of service; filings

Current through Vol. 24-12, July 15, 2024
Rule 6.
(1)
				  Service of all applications, papers, notices, and orders must be in accordance
				  with the following:
(a) Service of all
				  original applications for hearing under
				  R
				  408.34(1) must be by the agency on
				  each named party to the case at the time service is made.
(b) Service of any subsequent applications or
				  motions filed on a pending contested case that may alter the parties to a case
				  must be by the agency. The agency shall serve all new parties but may serve
				  only the attorney for each previously named party. Parties not represented by
				  legal counsel shall be served directly. The agency may request the necessary
				  papers, notices, and postage to be provided by the moving party.
(c) Service of any subsequent applications or
				  motions filed on a pending contested case that do not alter the parties to a
				  case may be made by the moving party upon the adverse party. The moving party
				  is only required to serve the attorney for each previously named party. Any
				  party not represented by legal counsel must be served directly. The original
				  petition or motion and proof of service shall be filed with the
				  agency.
(d) Notices mailed by the
				  agency after service of the original application for hearing must be served
				  upon the attorney for each named party. Any party not represented by legal
				  counsel must be served directly. If the notice requests or requires the
				  appearance or action of a specific party, that party must also be
				  served.
(e) Decisions or orders
				  issued by the agency must be served on all parties, by mail, e-mail to the
				  e-mail address on file, FTS, or personally on the date of hearing. Upon
				  mailing, e-mailing, FTS or personal service, the original order and copies must
				  show a mailed date or acknowledgement of personal service on their face, from
				  which date the appropriate appeal period shall run.
(f) Service of all other papers, unless
				  otherwise directed by law, may be made by mail, e-mail, or FTS by the moving
				  party upon the adverse party and proof of such mailing shall be prima facie
				  evidence of such service. Proof of such service shall be filed with the
				  agency.
(g) Service of all papers
				  under this rule upon employers whose liability under the act is not insured
				  according to the records of the agency, or who have not been granted the
				  privilege of self-insurance, must be by certified mail with a return receipt
				  requested. Filing of the return receipt is prima facie proof of
				  service.
(h) Service between the
				  parties may be completed electronically if the parties agree to service by
				  e-mail, or electronic file transfer subject to all of the following:
(i) The agreement for service by e-mail or
				  electronic file transfer must set forth the FTS mailbox or e-mail addresses of
				  the parties or attorneys that agree to electronic service.
(ii) Parties and attorneys who have agreed to
				  service by FTS under this subrule shall immediately notify all other parties if
				  the party's or attorney's FTS mailbox or e-mail address changes.
(iii) Documents served electronically must be
				  in pdf format or other agency-approved format that prevents the alteration of
				  the document contents.
(iv)
				  Documents received by a party electronically on or before 11:59 p.m. Lansing,
				  Michigan time, are considered served on the same business day or, if received
				  on a Saturday, Sunday, or state holiday, are deemed to be received on the next
				  business day.
(v) The parties are
				  not required to file a copy of the electronic service agreement with the agency
				  unless a dispute arises as to service by electronic service.
(vi) The electronic sender shall maintain an
				  archived record of sent items that may not be purged until the conclusion of
				  the contested proceedings, including the disposition of all appeals.