reglab/statecodes huggingface dataset:
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Marijuana Regulatoty Agency › MARIHUANA DISCIPLINARY RULINGS › Section R. 420.822 - Declaratory rulings

Current through Vol. 24-12, July 15, 2024
Rule 22.
(1) Any
				interested person may request a declaratory ruling as to the applicability to
				an actual state of facts of a statute, rule, final order, or decision
				administered, promulgated, or issued by the agency. A request may not relate to
				a hypothetical fact situation.
(2)
				The request must be on a form provided by the agency and contain all of the
				following information:
(a) The interested
				person's name, mailing address, email address, and telephone number.
(b) The interested person's interest in the
				matter, including assertions regarding the person's legal standing to request a
				declaratory ruling.
(c) The
				statute, rule, or order to which the request applies.
(d) A complete, accurate, and concise
				statement of the facts to which the statute, rule, or order may
				apply.
(e) An analysis, legal
				brief, or memorandum of the issues presented, including reference to any legal
				authority relied upon, and the interested person's conclusions.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Marijuana Regulatoty Agency › MARIHUANA DISCIPLINARY RULINGS › Section R. 420.823 - Severability

Current through Vol. 24-12, July 15, 2024
Rule 23. If any rule or subrule of these rules, in whole or
				  in part, is found to be invalid by a court of competent jurisdiction, such
				  decision will not affect the validity of the remaining portion of these
				  rules.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Marijuana Regulatoty Agency › INDUSTRIAL HEMP RULES FOR MARIHUANA BUSINESSES › Section R. 420.1002 - Testing industrial hemp

Current through Vol. 24-12, July 15, 2024
Rule 2.
(1) A
				laboratory may perform tests on industrial hemp product as required under the
				industrial hemp research and development act and any associated rules
				promulgated by the Michigan department of agriculture and rural
				development.
(2) A laboratory may
				perform all tests required or requested in the industrial hemp research and
				development act and any associated rules promulgated by the Michigan department
				of agriculture and rural development.
(3) A laboratory shall document all testing
				performed on industrial hemp products and shall make those records available to
				the agency upon request.
(4) A
				laboratory shall maintain industrial hemp product samples separate from any
				marihuana product samples at all times.
(5) A laboratory may obtain samples of
				industrial hemp for testing pursuant to the industrial hemp research and
				development act and any associated rules promulgated by the Michigan department
				of agriculture and rural development.
(6) A laboratory must report test results as
				required under the industrial hemp research and development act and any
				associated rules promulgated by the Michigan department of agriculture and
				rural development.
(7) A laboratory
				must not transfer or sell any industrial hemp product obtained for testing to
				any other facility other than the licensee from whom the sample was
				obtained.
(8) A laboratory shall
				enter all transactions, current inventory, and other information into the
				statewide monitoring system as required by the industrial hemp research and
				development act and any associated rules promulgated by the Michigan department
				of agriculture and rural development.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Marijuana Regulatoty Agency › INDUSTRIAL HEMP RULES FOR MARIHUANA BUSINESSES › Section R. 420.1003 - Processing industrial hemp

Current through Vol. 24-12, July 15, 2024
Rule 3.
(1) A
				producer may handle, process, market, or broker industrial hemp in compliance
				with the industrial hemp research and development act and any associated rules
				promulgated by the Michigan department of agriculture and rural
				development.
(2) A producer may
				obtain industrial hemp to process as allowed under the industrial hemp research
				and development act and any associated rules promulgated by the Michigan
				department of agriculture and rural development.
(3) A producer shall always store industrial
				hemp separately from marihuana products and in compliance with these rules
				relating to storage of marihuana products promulgated by the agency.
(4) A producer shall document all industrial
				hemp obtained by the facility and shall make those records available to the
				agency upon request.
(5) A producer
				shall enter all transactions, current inventory, and other information into the
				statewide monitoring system as required by the industrial hemp research and
				development act and any associated rules promulgated by the Michigan department
				of agriculture and rural development.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Marijuana Regulatoty Agency › INDUSTRIAL HEMP RULES FOR MARIHUANA BUSINESSES › Section R. 420.1004 - Severability

Current through Vol. 24-12, July 15, 2024
Rule 4. If any rule or subrule of these rules, in whole or in
				  part, is found to be invalid by a court of competent jurisdiction, such
				  decision will not affect the validity of the remaining portion of these
				  rules.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Public School Retirement Board - General Hearing Rules › Part 2 - HEARING PROCEDURES › Section R. 38.1202 - Right to a hearing; initiation of appeal; representation of system by attorney general

Current through Vol. 24-12, July 15, 2024
Rule 202.
(1) An
				  applicant who disagrees with a decision of the system may appeal that decision
				  to the board.
(2) Any appeal shall
				  be initiated by submission of a demand for hearing on a form provided by the
				  system within 60 days of the date of the decision being appealed
				  from.
(3) In any appeal, the system
				  may be represented by the attorney general.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Public School Retirement Board - General Hearing Rules › Part 2 - HEARING PROCEDURES › Section R. 38.1205 - Notification when allowance is terminated or reduced

Current through Vol. 24-12, July 15, 2024
Rule 205.
(1)
				  Except in the case of death of the retirant or retirement allowance
				  beneficiary, where the system decides to terminate a monthly age and service or
				  disability benefit granted pursuant to the provisions of section 81, 86, or 87
				  of the act, the retirant or retirement allowance beneficiary shall be notified
				  in advance of the decision to terminate and the reasons therefor, and shall
				  receive a statement of rights under the act and applicable rules to appeal such
				  decision. If benefits granted under section 89 or 90 of the act are to be
				  terminated, the decision of the system may be implemented 20 days following
				  notice to the retirement allowance beneficiary. If benefits granted pursuant to
				  section 81, 86, or 87 of the act are to be terminated, the benefits shall be
				  continued if the retirant or retirement allowance beneficiary requests a
				  hearing under
				  R 38.1202 pending the conclusion of
				  the hearing and action of the board subsequent to a recommendation for decision
				  by the hearing officer. Following the decision of the board, its decision may
				  be implemented. If the retirant or retirement allowance beneficiary dies, a
				  decision of the system may be implemented. As set forth in section 88 of the
				  act, the decision of the system may be implemented if a disability retirant
				  refuses to submit to a medical examination.
(2) Except in the case of death of the
				  retirant or retirement allowance beneficiary, where the system decides to
				  reduce, by more than 10%, a monthly age and service or disability benefit
				  pursuant to the provisions of section 81, 86, or 87 of the act, the retirant or
				  retirement allowance beneficiary shall be notified in advance of the decision
				  to reduce by more than 10% and the reasons therefor, and shall receive a
				  statement of rights under the act and applicable rules to appeal such decision.
				  If benefits granted under section 89 or 90 of the act are to be reduced by more
				  than 10%, the decision of the system may be implemented 20 days following
				  notice to the retirement allowance beneficiary. If benefits granted pursuant to
				  section 81, 86, or 87 of the act are to be reduced by more than 10%, the
				  benefits shall be continued if the retirant or retirement allowance beneficiary
				  requests a hearing under
				  R 38.1202 pending the conclusion of
				  the hearing and action of the board subsequent to a recommendation for decision
				  by the hearing officer.
Following the decision of the board, its decision may be
					 implemented.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Public School Retirement Board - General Hearing Rules › Part 2 - HEARING PROCEDURES › Section R. 38.1206 - Proposed decision; distribution; filing of exceptions

Current through Vol. 24-12, July 15, 2024
Rule 206. Following the hearing, a copy of the proposed
					 decision, findings of fact, and conclusions of law shall be forwarded to the
					 parties. Within 15 days of the service, a party may file exceptions to such
					 proposed decision. The exceptions shall be in writing and shall state the
					 findings or conclusions to which exception is taken. Oral argument shall not be
					 granted, except upon direction of the board. The board shall review the record,
					 the proposed decision, findings of fact, conclusions of law, and any exceptions
					 filed and shall issue a decision. Following the decision, a final order shall
					 be entered.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Advertising Adjacent to Highways - Hearings - Rescinded

Current through Vol. 24-12, July 15, 2024
DEPARTMENT OF LICESNING AND REGULATORY
				AFFARIS
MICHIGAN ADMINISTRATIVE HEARING SYSTEM
ADVERTISING ADJACENT TO HIGHWAYS
By authority conferred on the executive director of the
				  Michigan administrative hearing system by section 23 of 1972 PA 106, MCL
				  252.323 and Executive Reorganization Order Nos. 2005-1, 2011-4, MCL 445.2021,
				  and MCL 445.2030
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Contested Case Hearing and Request for Declaratory Ruling Procedures › Part 1 - GENERAL PROVISIONS › Section R. 324.73 - Proposal for decision; request for oral argument; opportunity for rebuttal

Current through Vol. 24-12, July 15, 2024
Rule 73.
(1) A
				  party desiring to make oral argument in support of exceptions to a proposal for
				  decision or in addition to written argument shall include a request in the
				  exceptions filed under
				  R
				  324.72. Oral argument may be granted by leave of the
				  final decision maker and may be limited in scope and duration. Oral argument
				  shall not be permitted without a written request supported by written
				  exceptions and arguments filed in a timely manner. If oral argument is granted,
				  notice shall be served on the parties.
(2) If oral argument is granted, all parties
				  shall be given an opportunity for rebuttal argument, which the final decision
				  maker may limit as to scope and duration.
(3) The final decision maker may schedule
				  oral argument without a request for oral argument by a party.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Contested Case Hearing and Request for Declaratory Ruling Procedures › Part 1 - GENERAL PROVISIONS › Section R. 324.74 - Final decisions; evidence; date; basis for overturning proposal for decision; record for judicial review

Current through Vol. 24-12, July 15, 2024
Rule 74.
(1)
				  Review of a proposal for decision by the final decision maker shall be
				  restricted to the record made at the hearing and the exceptions and arguments
				  submitted by the parties. Issues not raised in the written exceptions and
				  arguments shall not be considered at oral argument. The final decision maker
				  shall not accept additional testimony or exhibits.
(2) Except as otherwise provided by law, the
				  final decision maker shall issue a final agency decision within a reasonable
				  time after the date for filing of any exceptions or, if oral argument is
				  permitted, a reasonable time after argument.
(3) The final decision maker may remand,
				  reverse, modify, or set aside a proposal for decision and make a final decision
				  which differs from the proposal for decision. The final decision maker shall
				  consider whether the proposal for decision is deficient due to any of the
				  following:
(a) Misapplied a rule, statute, or
				  constitutional provision governing the issues involved.
(b) Adopted an incorrect interpretation of a
				  rule or statute or an incorrect conclusion of law.
(c) Incorporated typographical, mathematical,
				  or other obvious errors that affect the substantial rights of 1 or all of the
				  parties to the action.
(d) Failed
				  to address a relevant issue.
(e)
				  Made factual findings inconsistent with the evidentiary record.
(f) Improperly excluded or included evidence
				  that substantially affects the outcome of the case.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Contested Case Hearing and Request for Declaratory Ruling Procedures › Part 8 - DECLARATORY RULINGS › Section R. 324.81 - Declaratory rulings

Current through Vol. 24-12, July 15, 2024
Rule 81.
(1) An
				  interested person requesting a declaratory ruling as to the applicability of a
				  licensing statute, rule, or order administered by the department to an actual
				  state of uncontested facts may do so on a form provided by the department.
				  Requests regarding enforcement issues are not a proper subject for a
				  declaratory ruling. The department shall not process a request that is
				  incomplete. The request shall contain, at a minimum, all of the following
				  information:
(a) The requesting person's
				  name, mailing address, and telephone number.
(b) The requesting person's interest in the
				  matter, including assertions regarding the person's legal standing to request a
				  declaratory ruling.
(c) The
				  statute, rule, or order to which the request applies.
(d) A detailed statement of the actual
				  uncontested facts to which the statute, rule, or order may apply. Drawings,
				  sketches, photographs, illustrations, and maps may be attached to the
				  form.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Hearings Emergency Medical Services Personnel Licensing › Section R. 325.22363 - Proposal for decision

Current through Vol. 24-12, July 15, 2024
Rule 22363.
(1)
				Following the conclusion of a hearing, the hearing officer, if other than the
				director, shall deliver to the department the official case file and his or her
				proposal for decision. The department shall serve the proposal for decision
				upon the parties by registered or certified mail or personal service, and each
				party shall have 10 days from the date of service of the proposal for decision
				to file exceptions or present written arguments to the director.
(2) Following review of the record or the
				proposal for decision and exceptions thereto, if any, the director shall issue
				an order setting forth findings of fact, conclusions of law, and his or her
				final order or an order for further proceedings. The department shall serve
				copies of the director's order upon all parties.
(3) If no exceptions are filed, the proposal
				for decision shall become the final order of the department, unless the
				director issues his or her order within 90 days from the date of service of the
				proposal for decision.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Due Process Procedures for Special Education Hearings - Rescinded

Current through Vol. 24-12, July 15, 2024
LICENSING AND REGULATORY AFFAIRS
MICHIGAN ADMINISTRATIVE HEARING SYSTEM
DUE PROCESS PROCEDURES FOR SPECIAL EDUCATION
				HEARINGS
By authority conferred on the state office of administrative
				  hearings and rules by sections 1701 and 1703 of 1976 PA 451, MCL 380.1701 and
				  380.1703, and Executive Order 2005-1, MCL
				  445.2021
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Admin Hearings for Michigan Teaching and School Administrator Certificates - Rescinded

Current through Vol. 24-12, July 15, 2024
DEPARTMENT OF LICENSING AND REGULATORY
				AFFAIRS
MICHIGAN ADMINISTRATIVE HEARING SYSTEM
ADMINISTRATIVE HEARINGS FOR THE SUSPENSION AND REVOCATION
				OF MICHIGAN
TEACHING CERTIFICATES AND SCHOOL ADMINISTRATOR
				CERTIFICATES
By authority conferred on executive director of the Michigan
				  administrative hearing system by section 15 of 1964 PA 287, MCL 388.1015,
				  sections 1531 and 1536 of 1976 PA 451, MCL 380.1531 and MCL 380.1536 and
				  Executive Reorganization Order Nos. 2005-1 and 2011-4, MCL 445.2021 and MCL
				  445.2030
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Hearing Rules - Social Welfare Act › Section R. 400.904 - Request for hearing; timeliness

Current through Vol. 24-12, July 15, 2024
Rule 904.
(1) A
				request for a hearing shall be in writing and signed by the claimant,
				petitioner, or on his behalf by his authorized representative.
(2) The request may be filed with the state
				department office in Lansing or a local county office. When filed with the
				local county department office, it shall be forwarded immediately to the state
				department office.
(3) Freedom to
				make a request for a hearing shall not be limited or interfered with in any
				way. The agency shall assist a claimant to submit and process his
				request.
(4) A claimant shall be
				provided 90 days from the mailing of the notice in
				R
				400.902 to request a hearing.
(5) When a claimant requests a hearing within
				the timely notice period, assistance shall not be suspended, reduced,
				discontinued, or terminated until a decision is rendered after a hearing,
				unless:
(a) A determination is made at the
				hearing by the administrative law judge that the sole issue is one of state or
				federal law or policy.The administrative law judge shall inform a claimant
				promptly in writing that assistance is to be discontinued pending the final
				decision if the sole issue is one of state or federal law or policy, subject to
				this issue being reconsidered in the final decision.
(b) A subsequent change affecting a
				recipient's grant occurs while the hearing decision is pending and a recipient
				fails to request a hearing after notice of the subsequent change.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Hearing Rules - Social Welfare Act › Section R. 400.951 - Declaratory rulings

Current through Vol. 24-12, July 15, 2024
Rule 51.
(1) Upon
				receipt of a written request specifically asking that a declaratory ruling be
				issued by the department from an interested person or the agent of an
				interested person, as defined in section 5 of Act No. 306 of the Public Acts of
				1969, as amended, being S24.205 of the Michigan Compiled Laws, the department
				director or person specifically delegated by the department director may issue
				a declaratory ruling as to the applicability to an actual state of facts of a
				statute administered by the department or of a rule or order of the
				department.
(2) A request for a
				declaratory ruling shall contain all of the following information:
(a) A clear, concise, and complete statement
				of the actual state of facts upon which a requested ruling is to be
				based.
(b) The statute, rule, or
				order involved.
(c) A precise
				statement of the legal question or issue asked.
(d) The signature of the interested person
				making the request.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Political Activity Hearings › Section R. 408.22901 - Complaint; filing; content; service; response

Current through Vol. 24-12, July 15, 2024
Rule 1.
(1) An
				employee of a political subdivision of this state who believes that his or her
				employer has violated the employee's rights protected by Act No. 169 of the
				Public Acts of 1976, as amended, being S15.401 et seq. of the Michigan Compiled
				Laws, may file a complaint with the department of consumer and industry
				services, director's office, hearings office.
(2) A complaint filed pursuant to this rule
				shall contain the following:
(a) Name,
				address, and phone number of the complainant.
(b) Name, address, and phone number of the
				employer.
(c) Name and title of
				complainant's immediate supervisor.
(d) Brief narrative description of the
				alleged violation.
(e) Date, time,
				and place the alleged violation occurred.
(f) Any other information the complainant
				deems appropriate.
(g) The
				complaint shall be signed and dated by the person affected by the alleged
				violation.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Political Activity Hearings › Section R. 408.22902 - Hearings and prehearing conferences

Current through Vol. 24-12, July 15, 2024
Rule 2.
(1) Upon
				receipt of the employer's response to a complaint, the hearings office shall
				schedule a hearing date and shall conduct prehearing conferences as
				necessary.
(2) Hearings and
				prehearing conferences shall be conducted pursuant to Act No. 306 of the Public
				Acts of 1969, as amended, being S24.201 et seq. of the Michigan Compiled
				Laws.
(3) The decision of the
				hearings examiner shall be deemed to be the decision of the department of
				consumer and industry services and shall be final and appealable pursuant to
				sections 101 to 106 of Act No. 306 of the Public Acts of 1969, as amended,
				being SS24.301 to 24.306 of the Michigan Compiled Laws.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Wage and Fringe Benefit Hearings

Current through Vol. 24-12, July 15, 2024
LICENSING AND REGULATORY AFFAIRS
MICHIGAN ADMINISTRATIVE HEARING SYSTEM
WAGE AND FRINGE BENEFIT HEARINGS
By authority conferred on the executive director of the
				  Michigan administrative hearing system by section 12 of 1978 PA 390, MCL
				  408.482 and Executive Order Nos. 2005-1, 2011-4, and 2011-6, MCL 445.2021,
				  445.0230, 445.2032
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Administrative Appellate Procedure - Rescinded

Current through Vol. 24-12, July 15, 2024
LICENSING AND REGULATORY AFFAIRS
MICHIGAN ADMINISTRATIVE HEARING SYSTEM
ADMINISTRATIVE APPELLATE PROCEDURES
By authority conferred on the executive director of the
				  Michigan administrative hearing system by section 274 of 1969 PA 317, MCL
				  418.274 and Executive Reorganization Order Nos. 2003-1, 2005-1, 2011-4, and
				  2011-6, MCL 445.2011, MCL 445.2021, MCL 445.2030, and MCL
				  445.2032
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Board of Magistrates - General Rules

Current through Vol. 24-12, July 15, 2024
LICENSING AND REGULATORY AFFAIRS
MICHIGAN ADMINSTRATIVE HEARING SYSTEM
GENERAL RULES
By authority conferred on the executive director of the
				  Michigan administrative hearing system by section 213 of 1969 PA 317, MCL
				  418.213 and Executive Reorganization Orders No.1996-2, 2002-1, and 2003-1,
				  2005-1, 2011-4, and 2011-6, MCL 445.2001, MCL 445.2004, MCL 445.2011, MCL
				  445.2021, 445.2030, and 445.2032
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Employment Security Board of Review - Part 2. Appeals to Referees › Part 1 - GENERAL PROVISIONS › Section R. 421.1111 - Decisions of board and courts; subject matter index; copies

Current through Vol. 24-12, July 15, 2024
Rule 111. Copies of Michigan court decisions involving the
					 act where the agency is a party shall be kept on file by the agency at Cadillac
					 Place, 3024 W. Grand Blvd., Detroit, Michigan 48202. To the extent practicable,
					 the board of review shall maintain a digest, indexed by subject, of selected
					 board of review and related court decisions. The subject matter index and
					 copies of the decisions shall be available to the public for reference
					 purposes.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Employment Security Board of Review - Part 2. Appeals to Referees › Part 1 - GENERAL PROVISIONS › Section R. 421.1112 - Rescission

Current through Vol. 24-12, July 15, 2024
Rule 112. R 421.501 to R 421.561 of the Michigan
					 Administrative Code, appearing on pages 4356 to 4361 of the 1967 Annual
					 Supplement to the Code, are rescinded.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Employment Security Board of Review - Part 2. Appeals to Referees › Part 3 - APPEALS TO APPELLATE COMMISSION › Section R. 421.1303 - Board; decision based on record; notice

Current through Vol. 24-12, July 15, 2024
Rule 303.
(1) The
				  board of review often decides cases on the record made by the referee, without
				  (a) oral argument before it, (b) additional evidence, or (c) consideration of
				  written argument, unless all parties are represented or agree to written
				  argument.
(2) The record made by
				  the referee is the transcript of the referee hearing, the exhibits marked and
				  received at the referee hearing, and written argument submitted to the referee
				  if the other parties present at the hearing have been served a copy of the
				  argument and have been given an adequate opportunity to respond to
				  it.
(3) Notice of the parties'
				  rights to request oral argument, to submit additional evidence, and to file
				  written argument shall accompany the mailing of the referee hearing transcript
				  to each party.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Employment Security Board of Review - Part 2. Appeals to Referees › Part 3 - APPEALS TO APPELLATE COMMISSION › Section R. 421.1312 - Board; composition; communications; full review

Current through Vol. 24-12, July 15, 2024
Rule 312.
(1) The
				  board of review shall be composed of representatives from 3 different
				  representational sectors. One member shall be a representative of the general
				  public and shall serve as chairperson. The remaining membership of the board
				  shall be equally divided between members who are representative of employee
				  interests in the state and employer interests in the state.
(2) The members of the board may communicate
				  with employers, employees, and their agents and with representatives of the
				  public interest about issues of unemployment insurance and matters affecting
				  the administration of the act. However, board of review members shall not
				  discuss the merits of a case pending before them with a party to the case or
				  the party's duly authorized attorney or agent.
(3) The entire board of review shall conduct
				  a full review of any appeal not yet decided and mailed if full board review is
				  requested by 2 board members from different representational sectors or of any
				  panel decision if full board review is requested by 2 board members from
				  different representational sectors within 5 working days after its mailing
				  date, with notice to the parties.
(4) A person may request a board of review
				  member to request a full review.
(5) A decision of the full board of review
				  which is equally divided shall constitute an affirmance of the decision
				  initially appealed to the board of review.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 1 - GENERAL › Section R. 792.10101 - Scope

Current through Vol. 24-12, July 15, 2024
Rule 101.
(1)
				  These rules govern practice and procedure in administrative hearings conducted
				  by the Michigan office of administrative hearings and rules under Executive
				  Reorganization Order Nos. 2005-1, 2011-4, 2011-6, 2019-1, and 2019-3, MCL
				  445.2021,
				  445.2032,
				  324.99923, and
				  125.1998.
(2) Subject to prevailing practices and
				  procedures established by state and federal statutes and the rules for specific
				  types of hearings contained in parts 2, 3, and 5 to 19 of these rules, the
				  rules in this part apply to all administrative hearings conducted by the
				  hearing system, except hearings specifically exempted under Executive
				  Reorganization Order Nos. 2005-1, 2011-4, and 2011-6, MCL
				  445.2021,
				  445.2030, and
				  445.2032.
(3) The rules in this part do not govern part
				  4 proceedings before the Michigan public service commission, except
				  R 792.10106(2), (3), (4), (5), (6), and
				  (7), provisions for disqualification and
				  recusal of administrative law judges, and
				  R 792.10121, provisions for
				  telephone and electronic hearings.
(4) The rules in this part do not govern
				  proceedings before the employment relations commission, except
				  R 792.10106(2), (3), (4), (5), (6), and
				  (7), provisions for disqualification and
				  recusal of administrative law judges, and
				  R 792.10121, provisions for
				  telephone and electronic hearings.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 1 - GENERAL › Section R. 792.10102 - Construction of rules

Current through Vol. 24-12, July 15, 2024
Rule 102.
(1)
				  These procedural rules shall be construed to secure a fair, efficient, and
				  impartial determination of the issues presented in contested cases consistent
				  with due process.
(2) These rules
				  are not intended to displace any statutorily mandated procedure. If a statute
				  prescribes a procedure that conflicts with these rules, the statute
				  governs.
(3) If an applicable rule
				  does not exist, the 1985 Michigan rules of court and the provisions of chapter
				  4 of the administrative procedures act of 1969, 1969 PA 306, MCL 24.271 to
				  24.287 apply.
(4) A heading or
				  title of a part or section of these rules shall not be considered as a part of
				  the rules or used to construe these rules more broadly or narrowly than the
				  text of these rules would indicate, but shall be considered as inserted for the
				  convenience to users of these rules.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 1 - GENERAL › Section R. 792.10104 - Computation of time

Current through Vol. 24-12, July 15, 2024
Rule 104.
(1) In
				  computing any period of time contemplated by these rules, the time in which an
				  act is to be done is computed by excluding the first day, and including the
				  last day, unless the last day is a Saturday, Sunday, or state legal holiday, in
				  which case the period will run until the end of the next day following the
				  Saturday, Sunday, or state legal holiday.
(2) Unless otherwise specified by the
				  administrative law judge, rule, or statute, the date of receipt of a filing by
				  the hearing system is the date used to determine whether a pleading or other
				  paper has been timely filed with the hearing system.
(3) Except where otherwise specified, a
				  period of time in these rules means calendar days, not business days.
(4) Unless otherwise specified by the
				  administrative law judge, rule, or statute, the date on which a document is
				  considered filed is governed by
				  R
				  792.10109(3).
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 1 - GENERAL › Section R. 792.10105 - Motion for extension of time

Current through Vol. 24-12, July 15, 2024
Rule 105. Requests for extensions of any time limit
					 established in these rules shall be made by written motion and filed with the
					 hearing system before the expiration of the period originally prescribed or
					 previously extended, except as otherwise provided by law, or by stipulation of
					 the parties. A motion under this rule shall be granted only for good cause or
					 on the written stipulation of the parties, and only if the order for extension
					 does not conflict with
					 R
					 792.10102.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 1 - GENERAL › Section R. 792.10106 - Administrative law judge; authority; disqualification and recusal; substitution; communications; conduct

Current through Vol. 24-12, July 15, 2024
Rule 106.
(1) The
				  administrative law judge shall exercise the following authority when
				  appropriate:
(a) Conduct a full, fair, and
				  impartial hearing.
(b) Take action
				  to avoid unnecessary delay in the disposition of proceedings.
(c) Regulate the course of the hearing and
				  maintain proper decorum. An administrative law judge may exercise discretion
				  with regard to the exclusion of parties, their attorneys, or authorized
				  representatives or other persons, and may adjourn hearings when necessary to
				  avoid undue disruption of the proceedings.
(d) Administer oaths and
				  affirmations.
(e) Provide for the
				  taking of testimony by deposition.
(f) Rule upon offers of proof.
(g) Rule upon motions and examine
				  witnesses.
(h) Limit repetitious
				  testimony and time for presentations.
(i) Set the time and place for continued
				  hearings.
(j) Fix the time for the
				  filing and service of briefs and other documents to the hearing system and the
				  other parties.
(k) Direct the
				  parties to appear or confer, or both, to consider clarification of issues,
				  stipulations of facts, stipulations of law, settlement, and other related
				  matters.
(l) Require the parties to
				  submit filings, including, but not limited to, proposed prehearing orders and
				  legal memoranda.
(m) Examine
				  witnesses as deemed necessary by the administrative law judge to complete a
				  record or address a statutory element.
(n) Grant applications for subpoenas and
				  subpoena witnesses and documents to the extent authorized by statute.
(o) Issue proposed orders, proposals for
				  decision, and final orders and take any other appropriate action authorized by
				  law.
(p) On motion, or on an
				  administrative law judge's own initiative, adjourn hearings, except where
				  statutory provisions limit adjournment authority.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 1 - GENERAL › Section R. 792.10107 - Attorneys and authorized representation; service; withdrawal and substitution

Current through Vol. 24-12, July 15, 2024
Rule 107.
(1) A
				  party may appear in person, by an attorney, or by an authorized representative
				  where permitted by law. To appear on behalf of a party, an attorney or
				  authorized representative must file a notice of appearance, unless the first
				  appearance is made on the record in a proceeding. A pleading, motion, or other
				  document signed and filed by an attorney or authorized representative on behalf
				  of a party is a notice of appearance by the attorney or authorized
				  representative. After a notice of appearance has been filed or made on the
				  record, all papers in a proceeding must be served on the person who appeared or
				  on the person whose name appears on the notice of appearance or filing, at the
				  address identified by the person or on the appearance or filing, and is service
				  on the represented party. Parties must notify the hearing system of any changes
				  in address and phone number within 7 days of the change.
(2) Upon notice, an attorney or authorized
				  representative who has entered an appearance may withdraw from the case. Timely
				  notice of withdrawal or substitution must be provided to all parties, their
				  attorneys or authorized representatives, and the administrative law
				  judge.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 1 - GENERAL › Section R. 792.10108 - Correction of transcripts

Current through Vol. 24-12, July 15, 2024
Rule 108.
(1) The
				  administrative law judge may specify corrections to an official hearing
				  transcript or make provisions for any party to request relevant corrections of
				  the official hearing transcript.
(2) If the administrative law judge specifies
				  the corrections, the administrative law judge shall provide 7 days notice to
				  all parties and a reasonable time for responses in support of or in opposition
				  to all or part of the proposed corrections.
(3) If a party files a request for
				  corrections, all other parties may, within 7 days after the filing, file a
				  response to the proposed corrections.
(4) The administrative law judge shall
				  specify the corrections made to the transcript, either upon the record or by
				  order served on all parties.
(5)
				  Clerical mistakes in judgments, orders, or other parts of the record and errors
				  arising from oversight or omission may be corrected with notice to the
				  parties.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 1 - GENERAL › Section R. 792.10109 - Filings with the hearing system

Current through Vol. 24-12, July 15, 2024
Rule 109.
(1)
				  Documents and pleadings may be filed in a hearing system proceeding by mail,
				  personal delivery, facsimile, or electronically using a hearing system-approved
				  electronic filing system, if available.
(2) Except as otherwise approved by the
				  administrative law judge, all filings must be legible with a minimum 12-point
				  font for body text and no less than 10-point font for footnote text and, unless
				  filed electronically using a hearing system-approved electronic system, on 8-"
				  by 11-inch paper.
(3) Documents and
				  pleadings filed by mail, personal delivery, or facsimile and received by the
				  hearing system after 5 p.m. eastern standard time are considered filed on the
				  next business day. Documents and pleadings submitted using a hearing
				  system-approved electronic filing system, or by email when specifically
				  authorized under subrule (6) of this rule, are considered filed on the same
				  business day if filed at or before 11:59 p.m. eastern standard time.
(4) Submission by facsimile is allowed only
				  if the following conditions are met:
(a) A
				  cover sheet is included that contains the following:
(i) Case name.
(ii) Case number.
(iii) Document title.
(iv) The sender's name, telephone number, and
				  facsimile number.
(v) The total
				  number of pages contained in the submission, including the cover
				  sheet.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 1 - GENERAL › Section R. 792.10110 - Service of documents and other pleadings; manner of service; date of service; statement or proof of service

Current through Vol. 24-12, July 15, 2024
Rule 110.
(1) A
				  party must serve all documents and pleadings filed in a hearing system
				  proceeding on all other parties. Unless otherwise directed by the
				  administrative law judge, the parties are the persons named in the case
				  caption. If an appearance has been filed by an attorney or authorized
				  representative of a party, documents and pleadings must be served on the
				  attorney or authorized representative.
(2) Service between the parties may be
				  completed electronically if the parties agree to service by email, subject to
				  all of the following:
(a) The agreement for
				  service by email must set forth the email addresses of the parties or attorneys
				  that agree to email service.
(b)
				  Parties and attorneys that have agreed to service by email must immediately
				  notify all other parties if the party's or attorney's email address
				  changes.
(c) Documents served by
				  email must be in a file format that prevents alteration of the document
				  contents.
(d) A document served by
				  email sent on a business day is deemed served on a party on the same business
				  day that the email is sent if sent at or before 11:59 p.m. eastern standard
				  time. A document served by email sent on a non-business day is deemed served on
				  the next business day.
(e) The
				  parties need not file a copy of the email service agreement, as provided by
				  rule 2.107 of the Michigan court rules, unless a dispute arises as to service
				  by email.
(f) The party serving a
				  document by email must maintain an archived record of all emails through which
				  service was made.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 1 - GENERAL › Section R. 792.10111 - Notice of hearing

Current through Vol. 24-12, July 15, 2024
Rule 111. If the notice of hearing is issued by the hearing
					 system, the notice must contain, at a minimum, all of the following:
(a) The address and phone number, if
				  available, of the hearing location, or other information, such as remote access
				  codes, necessary to participate in the hearing.
(b) A statement of the date, hour, place, and
				  nature of the hearing.
(c) A
				  statement that all hearings will be conducted in a barrier-free location and in
				  compliance with the Americans with disabilities act,
				  42 USC
				  12101 to
				  12213, provisions. The notice must
				  inform the parties that if accessibility is requested, such as braille, large
				  print, electronic or audio reader, information that is to be made accessible
				  must be submitted to the hearing system at least 14 business days before the
				  hearing. If the hearing system is unable to accomplish the conversion before
				  the date of the hearing, an adjournment must be granted. If a party fails to
				  provide information for conversion pursuant to this rule, the administrative
				  law judge may deny adjournment.
(d)
				  A statement of the legal authority and jurisdiction under which the hearing is
				  being held.
(e) The action intended
				  by the agency, if any.
(f) A
				  statement of the issues or subject of the hearing. On request, the
				  administrative law judge may require the agency or a party to furnish a more
				  definite and detailed statement of the issues.
(g) A citation to these rules.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 1 - GENERAL › Section R. 792.10112 - Assignment of docket number

Current through Vol. 24-12, July 15, 2024
Rule 112. Upon receipt of a request for a hearing, the
					 hearing system shall assign a docket number to the
					 proceeding.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 1 - GENERAL › Section R. 792.10113 - Mailing address and telephone number of parties

Current through Vol. 24-12, July 15, 2024
Rule 113.
(1) All
				  parties to a case shall keep the hearing system informed of their current
				  mailing addresses, telephone numbers, and facsimile numbers.
(2) Failure to keep the hearing system
				  informed of a current mailing address, telephone number, or facsimile number
				  may result in the hearing proceeding in the absence of a party who fails to
				  appear.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 1 - GENERAL › Section R. 792.10114 - Prehearing conferences

Current through Vol. 24-12, July 15, 2024
Rule 114.
(1) The
				  administrative law judge may hold a prehearing conference to resolve matters
				  before the hearing.
(2) A
				  prehearing conference may address matters including, but not limited to, any of
				  the following:
(a) Issuance of
				  subpoenas.
(b) Factual and legal
				  issues.
(c) Stipulations.
(d) Requests for official notice.
(e) Identification and exchange of
				  documentary evidence.
(f) Admission
				  of evidence.
(g) Identification and
				  qualification of witnesses.
(h)
				  Motions.
(i) Order of
				  presentation.
(j)
				  Scheduling.
(k) Alternative dispute
				  resolution.
(l) Position
				  statements.
(m)
				  Settlement.
(n) Any other matter
				  that will promote the orderly and prompt conduct of the hearing.