Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 1 - GENERAL › Section R. 792.10103 - Definitions

Current through Vol. 24-12, July 15, 2024
Rule 103. As used in these rules:
(a) "Act" means the administrative procedures
				  act of 1969, 1969 PA 306, MCL
				  24.201 to
				  24.328.
(b) "Adjournment" means a postponement of a
				  hearing to a later date.
(c)
				  "Administrative law judge" means any person assigned by the hearing system to
				  preside over a contested case or other matter, including, but not limited to, a
				  tribunal member, hearing officer, presiding officer, referee, or
				  magistrate.
(d) "Administrator"
				  means the person, commission, or board with final decision-making authority in
				  a contested case, other than an administrative law judge or a tribunal
				  member.
(e) "Agency" means a
				  bureau, division, section, unit, board, commission, trustee, authority, office,
				  or organization within a state department, created by the constitution,
				  statute, or department action. Agency does not include an administrative unit
				  within the legislative or judicial branches of state government, the governor's
				  office, a unit having direct governing control over an institution of higher
				  education, the state civil service commission, or an association of insurers or
				  nonprofit organization of insurer members created under the insurance code of
				  1956, 1956 PA 218, MCL
				  500.100 to
				  500.8302.
(f) "Authorized representative" means an
				  individual, other than an attorney, who has been given legal authority to
				  represent a party in a proceeding.
(g) "Contested case" means a proceeding or
				  evidentiary hearing in which a determination of the legal rights, duties, or
				  privileges of a named party is made after an opportunity for a
				  hearing.
(h) "Continuance" means a
				  resumption of a hearing at a later date under these rules.
(i) "Date of receipt" means the date on which
				  the hearing system receives a filing.
(j) "Department" means the department of
				  licensing and regulatory affairs, unless otherwise specified as a separate
				  constitutionally created state department.
(k) "Electronic signature" means an
				  electronic symbol attached to or logically associated with a document or
				  pleading and executed or adopted by a person with the intent to sign the
				  document or pleading. This may be a graphic image of the signature or text
				  designated as a signature, such as "/s/ John Smith," "/s/ John Smith,
				  Attorney," or "/s/ John Smith, Authorized Representative".
(l) "Hearing system" means the Michigan
				  office of administrative hearings and rules created under the authority of
				  Executive Reorganization Order Nos. 2005-1 and 2019-1, MCL
				  445.2021 and
				  324.99923.
(m) "Person" means an individual,
				  partnership, corporation, association, municipality, agency, or any other
				  entity.
(n) "Petitioner" means a
				  person who files a request for a hearing.
(o) "Referring authority" means a court,
				  state, or local political subdivision including, but not limited to, a
				  department, agency, bureau, tribunal, mayor, city council, township supervisor,
				  township board, village manager, or village board.
(p) "Respondent" means a person against whom
				  a proceeding is commenced.