reglab/statecodes huggingface dataset:
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 4 - PUBLIC SERVICE COMMISSION › Subpart B - INTERVENTIONS › Section R. 792.10410 - Petitions

Current through Vol. 24-12, July 15, 2024
Rule 410.
(1) A
					 person who is not a complainant, respondent, applicant, or staff, and who
					 claims an interest in a proceeding may petition for leave to intervene. Unless
					 otherwise provided in the notice of hearing, a petition for leave to intervene
					 must be filed with the commission not less than 7 days before the date set for
					 the initial hearing or prehearing conference and the petition must be served on
					 all parties to the proceeding. All parties must have an adequate opportunity to
					 file objections to, and to be heard with respect to, the petition for leave to
					 intervene. A petition for leave to intervene that is not filed in a timely
					 manner may be granted upon a showing of good cause and a showing that a grant
					 of the petition will not delay the proceeding or unduly prejudice any party to
					 the proceeding. Except for good cause, an intervenor whose petition is not
					 filed in a timely manner, but who is nevertheless granted leave to intervene,
					 is bound by the record and procedural schedules developed before the granting
					 of leave to intervene.
(2) A
					 petition for leave to intervene must set out clearly and concisely the facts
					 supporting the petitioner's alleged right or interest, the grounds of the
					 proposed intervention, and the position of the petitioner in the proceeding to
					 fully and completely advise the parties and the commission of the specific
					 issues of fact or law to be raised or controverted. If affirmative relief is
					 sought, the petition for leave to intervene must specify that relief. Requests
					 for relief may be stated in the alternative.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 4 - PUBLIC SERVICE COMMISSION › Subpart B - INTERVENTIONS › Section R. 792.10411 - Objections; answers

Current through Vol. 24-12, July 15, 2024
Rule 411. Any party may file an objection to a petition
						for leave to intervene or an answer to a request for affirmative relief
						contained in a petition for leave to intervene on or before the date set for
						the initial hearing or prehearing conference. The objection or answer shall be
						served on the person filing the petition and all parties. Any party may file an
						objection or answer to a petition that is not filed in a timely manner on or
						before the date set by the presiding officer. The objection shall set out
						clearly the supporting facts, law, and argument.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 4 - PUBLIC SERVICE COMMISSION › Subpart B - INTERVENTIONS › Section R. 792.10412 - Grant or denial

Current through Vol. 24-12, July 15, 2024
Rule 412.
(1) At
					 the initial hearing or prehearing conference or as soon as otherwise
					 practicable and appropriate, the presiding officer shall grant or deny, in
					 whole or in part, a petition for leave to intervene or, if appropriate, may
					 authorize limited participation.
(2) When 2 or more parties have substantially
					 identical interests and positions, the presiding officer may, to avoid
					 repetitive, cumulative, or redundant evidence, require coordinated
					 participation.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 4 - PUBLIC SERVICE COMMISSION › Subpart B - INTERVENTIONS › Section R. 792.10413 - Participation without intervention

Current through Vol. 24-12, July 15, 2024
Rule 413.
(1) In
					 a proceeding to fix rates or investigate conditions of service of a utility
					 subject to the jurisdiction of the commission, a person may appear without a
					 formal petition for leave to intervene. There must be a full disclosure of the
					 identity of the person and the interest of the person in the
					 proceeding.
(2) An appearance
					 pursuant to this rule entitles the person to make a statement at a time
					 provided for that purpose by the presiding officer, but the person shall not be
					 regarded as a party to the proceeding. The position to be taken must be fully
					 and fairly stated, the contentions of the person must be reasonably pertinent
					 to the issues in the proceeding, and any right to unduly broaden the issues
					 must be disclaimed. A statement must not be given under oath and must not be
					 subject to cross-examination by the parties. A statement made pursuant to this
					 rule is not considered part of the administrative record.
(3) A person participating in a case pursuant
					 to this rule is not entitled to notice of adjournment or any other notice,
					 except as otherwise provided by law, and is not entitled to be served with
					 pleadings or other documents.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 4 - PUBLIC SERVICE COMMISSION › Subpart C - HEARINGS › Section R. 792.10416 - Simplified procedure

Current through Vol. 24-12, July 15, 2024
Rule 416. When agreed to by all parties the presiding
						officer may direct that a proceeding be processed under simplified procedure if
						it appears that substantially all issues of material fact can be resolved by
						means of written submissions and that efficient disposition of the proceeding
						can be made without an oral hearing.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 4 - PUBLIC SERVICE COMMISSION › Subpart C - HEARINGS › Section R. 792.10417 - Initial notice of hearing

Current through Vol. 24-12, July 15, 2024
Rule 417. Except as otherwise provided by statute or the
						commission, not less than 14 days before the date set for the initial hearing,
						written notice of the hearing must be provided to all parties and other persons
						as the commission or its secretary may direct. For good cause, the commission
						or its secretary may determine a shorter or longer period for notice. The
						notice must contain all of the following information:
(a) A statement of the date, hour, place, and
					 nature of the hearing.
(b) The
					 jurisdiction under which the hearing is to be held, including reference to the
					 statutes, or sections of statutes, commission orders, or rules
					 involved.
(c) A short and plain
					 statement of the matters asserted and issues involved. The commission or its
					 secretary may prescribe the form and manner of notice to be given.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 4 - PUBLIC SERVICE COMMISSION › Subpart C - HEARINGS › Section R. 792.10418 - Participation by staff

Current through Vol. 24-12, July 15, 2024
Rule 418. Staff may enter an appearance in any proceeding
						before the commission and present testimony as to the results of its
						accounting, engineering, and economic investigations, studies, inspections,
						enforcement activities, or other technical investigations or studies, file
						briefs, cross-examine witnesses, and state its position, policy, or
						recommendations based upon the evidence.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 4 - PUBLIC SERVICE COMMISSION › Subpart C - HEARINGS › Section R. 792.10419 - Appearances; attorneys

Current through Vol. 24-12, July 15, 2024
Rule 419.
(1) In
					 any proceeding before the commission that is a contested case as defined in
					 section 3(3) of the administrative procedures act of 1969, 1969 PA 306, MCL
					 24.203(3), all parties shall be represented by licensed attorneys, except that
					 individuals who are not licensed attorneys may represent themselves or other
					 parties as permitted by law.
(2) An
					 attorney who is duly licensed to practice law in another state or in the courts
					 of the United States may be permitted to practice before the commission on the
					 same basis as in the circuit courts of this state.
(3) The presiding officer may, in his or her
					 discretion, permit law students or recent law school graduates who are members
					 of legal aid clinics or participants in organized programs of the prosecutor's
					 or city attorney's office to represent a person to the same extent as permitted
					 in the circuit courts of this state.
(4) An attorney who wishes to withdraw from a
					 proceeding shall file a motion to withdraw.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 4 - PUBLIC SERVICE COMMISSION › Subpart C - HEARINGS › Section R. 792.10420 - Initial procedures

Current through Vol. 24-12, July 15, 2024
Rule 420. An initial hearing may be either an evidentiary
						hearing or a prehearing conference, as directed by the commission in the notice
						of hearing. For good cause, the presiding officer may convert an initial
						hearing from an evidentiary hearing to a prehearing
						conference.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 4 - PUBLIC SERVICE COMMISSION › Subpart C - HEARINGS › Section R. 792.10421 - Prehearing conferences

Current through Vol. 24-12, July 15, 2024
Rule 421.
(1) A
					 prehearing conference may be held for any of the following purposes:
(a) Identifying and simplifying the factual
					 and legal issues to be resolved.
(b) Amending pleadings by agreement or by
					 prehearing order.
(c) Ruling on
					 petitions to intervene and prehearing motions.
(d) Determining the scope of the
					 hearing.
(e) Separating
					 issues.
(f) Providing for joint,
					 coordinated, or consolidated presentations by parties having substantially
					 identical interests to avoid repetitive, cumulative, or redundant
					 evidence.
(g) Disclosing the
					 number, names, and order of presentation of witnesses.
(h) Producing and exchanging proposed
					 exhibits and prepared testimony of proposed witnesses, and considering the
					 admissibility of proposed exhibits and other documents.
(i) Providing for expeditious completion of
					 discovery.
(j) Presenting and
					 considering appropriate legal authorities in support of, or in opposition to,
					 the contentions of the parties.
(k)
					 Estimating the time required for hearing and establishing a schedule.
(l) Discussing the possibility of voluntary
					 dismissal or settlement of the proceeding.
(m) Requiring production and distribution of
					 proposed exhibits and written prepared testimony reasonably in advance of the
					 hearing session at which the proposed exhibits and written testimony will be
					 offered.
(n) Considering and ruling
					 on other matters that may aid in the expeditious disposition of the
					 proceeding.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 4 - PUBLIC SERVICE COMMISSION › Subpart C - HEARINGS › Section R. 792.10422 - Adjournments

Current through Vol. 24-12, July 15, 2024
Rule 422.
(1)
					 Unless the presiding officer allows otherwise, a request for adjournment shall
					 be by motion or stipulation made orally at a hearing or in writing and shall be
					 based on good cause.
(2) A motion
					 or stipulation for adjournment shall state the party who is requesting the
					 adjournment and the reason for the adjournment.
(3) An adjournment may be granted for good
					 cause and shall be in writing or on the record.
(4) In granting an adjournment, the presiding
					 officer, administrative law manager assigned by the hearing system to the
					 commission, or commission may impose reasonable conditions.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 4 - PUBLIC SERVICE COMMISSION › Subpart C - HEARINGS › Section R. 792.10423 - Discovery

Current through Vol. 24-12, July 15, 2024
Rule 423. Discovery shall, as far as practicable, be
						conducted in the same manner as in the circuit courts of this state pursuant to
						the Michigan court rules or as otherwise provided by law. When appropriate, the
						presiding officer shall set time limitations for the conduct of discovery.
						Every party shall respond promptly and fully to requests for discovery. The
						parties shall not use discovery to harass or cause needless
						delay.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 4 - PUBLIC SERVICE COMMISSION › Subpart C - HEARINGS › Section R. 792.10424 - Subpoenas; orders to attend

Current through Vol. 24-12, July 15, 2024
Rule 424.
(1) At
					 any time in a proceeding, a commissioner or the presiding officer may issue a
					 subpoena or order for a party or witness to attend and testify orally on a date
					 and time certain until excused by the presiding officer and to produce
					 specified notes, records, documents, photographs, or other tangible
					 things.
(2) A subpoena signed by an
					 attorney of record or the secretary or a commissioner shall have the force and
					 effect of a subpoena signed by the commission.
(3) Except as otherwise provided in this rule
					 and
					 R 792.10425, the provisions of the
					 court rules or statutes governing subpoenas in civil actions in circuit court
					 apply.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 4 - PUBLIC SERVICE COMMISSION › Subpart C - HEARINGS › Section R. 792.10425 - Subpoenas; service; failure to comply with subpoenas

Current through Vol. 24-12, July 15, 2024
Rule 425. A subpoena shall be served in the manner
						prescribed by statute or court rule for subpoenas in civil actions in circuit
						court. It may be served at any place within the state. If a person fails to
						comply with a subpoena, or fails to attend or refuses to be sworn or testify,
						the presiding officer may stay further proceedings until the subpoena is
						obeyed. If the person who fails to obey the subpoena is a party to the
						proceeding or an officer, member, or employee of a party, the presiding officer
						may do any of the following:
(a)
					 Strike all or part of any pleading of that party.
(b) Refuse to allow that party to support or
					 oppose designated claims and defenses.
(c) Delay the proceeding or part of the
					 proceeding.
(d) Take such further
					 action as is appropriate under the circumstances.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 4 - PUBLIC SERVICE COMMISSION › Subpart C - HEARINGS › Section R. 792.10426 - Summary disposition

Current through Vol. 24-12, July 15, 2024
Rule 426. A party may make a motion for summary
						disposition of all or part of a proceeding. If the presiding officer determines
						that there is no genuine issue of material fact or that there has been a
						failure to state a claim for which relief can be granted, the presiding officer
						may recommend, to the commission, summary disposition of all or part of the
						proceeding. If the entire proceeding is disposed of, the presiding officer
						shall issue a proposal for decision. If only part of a proceeding is disposed
						of, the presiding officer may issue a partial proposal for
						decision.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 4 - PUBLIC SERVICE COMMISSION › Subpart C - HEARINGS › Section R. 792.10427 - Evidence generally

Current through Vol. 24-12, July 15, 2024
Rule 427.
(1)
					 The rules of evidence as applied in nonjury civil cases in circuit court shall
					 be followed as far as practicable, but the commission may admit and give
					 probative effect to evidence of a type commonly relied upon by reasonably
					 prudent persons in the conduct of their affairs. Objections to offers of
					 evidence may be made and shall be noted in the record.
(2) Evidence, including records and documents
					 in the possession of the commission, that a party desires or intends to rely on
					 shall be offered and made a part of the record in the proceeding and other
					 factual information or evidence shall not be considered in the determination of
					 the case, except as otherwise permitted by law. Documentary evidence may be
					 received in the form of copies or excerpts. Upon timely request, a party shall
					 be given an opportunity to compare the copy with the original. If the original
					 is so voluminous as to make its entry in evidence impracticable, the evidence
					 may be incorporated by reference if the materials to be incorporated are made
					 available for examination by the parties at a time and place designated by
					 stipulation of the parties or as directed by the presiding officer. The
					 evidence shall not be admitted where a party has failed, upon timely request,
					 to provide other parties with reasonable access to the original document
					 referred to or excerpted.
(3) A
					 party shall have the right of cross-examination and shall have the right to
					 submit rebuttal evidence. Some surrebuttal evidence may be permitted at the
					 discretion of the presiding officer or the commission.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 4 - PUBLIC SERVICE COMMISSION › Subpart C - HEARINGS › Section R. 792.10428 - Evidence; official notice

Current through Vol. 24-12, July 15, 2024
Rule 428. Except as otherwise provided by law, the
						commission and the presiding officer may take official notice of judicially
						cognizable facts and may take notice of general, technical, or scientific facts
						within the commission's specialized knowledge. The commission or the presiding
						officer shall notify the parties at the earliest practicable time of any
						noticed fact that pertains to a materially disputed issue that is being
						adjudicated and, on timely request, the parties shall be given an opportunity
						before the final decision to dispute the fact or its materiality. The
						commission may use its experience, technical competence, and specialized
						knowledge in the evaluation of evidence presented to it.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 4 - PUBLIC SERVICE COMMISSION › Subpart C - HEARINGS › Section R. 792.10429 - Evidence; documents and exhibits

Current through Vol. 24-12, July 15, 2024
Rule 429.
(1)
					 When the evidence consists of technical matters or figures so numerous as to
					 make oral presentation difficult to follow, it must be presented in exhibit
					 form, supplemented and explained, but not duplicated by testimony.
(2) Documentary exhibits must be on 1 side
					 only, on paper not exceeding 8-1/2 by 11 inches, and have a sufficient margin
					 for binding, preferably a margin of 1 1/2 inches on the left side of each
					 sheet. A larger exhibit must be folded to not more than 8-1/2 by 11 inches, if
					 practicable. An exhibit of 2 or more sheets must be stapled together and a
					 notation made at the top of the first sheet as to the number of sheets
					 contained in the exhibit. Each page of the exhibit must be numbered. An exhibit
					 must show, at the top right-hand corner, the docket number of the proceeding
					 and provide space for the name of the witness and the number and date of the
					 exhibit. Except as otherwise directed by the commission or the presiding
					 officer, all exhibits offered in a proceeding must be numbered sequentially
					 regardless of the identity of the party offering them. The number of the
					 exhibit must be preceded with a letter indicating the identity of the party
					 offering it; for example, "A" for applicant, "I" for intervenor, "R" for
					 respondent, and 's" for the staff.
(3) A party introducing an exhibit shall
					 furnish copies to all parties and such additional copies as the presiding
					 officer may direct.
(4) Nothing in
					 this rule prohibits the use by a witness of charts, graphs, pictures, or other
					 means of visual demonstration that are large enough to be viewed by the
					 presiding officer and all persons in the hearing room; however, when charts,
					 graphs, pictures, or other means of visual demonstration are used, copies
					 conforming to the requirements of subrule (2) of this rule must be provided to
					 all parties and the presiding officer, together with such additional copies as
					 the presiding officer may direct, unless the provision of copies would, in the
					 judgment of the presiding officer, be impracticable.
(5) Documentary evidence may be submitted
					 after the close of the record by stipulation of the parties and with the
					 approval of the presiding officer or the commission.
(6) Written or printed documents, maps,
					 charts, graphs, pictures, or other means of visual demonstration that are
					 received in evidence shall not be returned to the parties, except upon approval
					 of the commission.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 4 - PUBLIC SERVICE COMMISSION › Subpart C - HEARINGS › Section R. 792.10430 - Evidence; testimony in written form

Current through Vol. 24-12, July 15, 2024
Rule 430.
(1)
					 Testimony of a witness under oath shall be offered in written form, except as
					 otherwise provided by the commission or the presiding officer. Unless otherwise
					 ordered by the presiding officer, the testimony must be electronically filed
					 with the commission and a copy electronically served on each party and the
					 presiding officer not less than 7 days in advance of the session of the
					 proceeding at which it is to be offered. If all parties in attendance on the
					 day on which the testimony is offered agree, any part of the 7 days may be
					 waived. In the absence of agreement, the presiding officer may permit the
					 offering of the testimony after providing all parties who are present not less
					 than 24 hours to examine it, unless, for good cause, the presiding officer
					 finds a shorter time to be reasonable.
(2) The presiding officer may authorize any
					 witness to present oral direct testimony.
(3) In any proceeding, a witness whose
					 testimony is submitted in written form must be made personally available for
					 cross-examination at the time directed by the presiding officer, unless all
					 parties in attendance on that day waive cross-examination of the witness. If
					 the witness whose testimony is submitted in written or exhibit form is not made
					 available for cross-examination, the testimony shall not be received in
					 evidence, except by stipulation of all parties in attendance on the day the
					 testimony is submitted and with the approval of the presiding officer or as
					 otherwise provided by law.
(4) All
					 testimony in written form must include page and line numbers and be in question
					 and answer form.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 4 - PUBLIC SERVICE COMMISSION › Subpart C - HEARINGS › Section R. 792.10431 - Settlements

Current through Vol. 24-12, July 15, 2024
Rule 431.
(1)
					 All parties to proceedings before the commission are encouraged to enter into
					 settlements when possible and the provisions of these rules shall not be
					 construed in any way to prohibit settlements.
(2) The parties to a proceeding may agree
					 upon some or all of the facts. The agreement shall be evidenced by a written
					 stipulation filed with the commission or entered upon the record. The
					 stipulation shall be regarded and used as evidence in the proceeding.
(3) When a written settlement agreement is
					 proposed by some of the parties, it shall be served on all parties to the
					 proceeding. Each party shall file and serve on all parties, within 14 days
					 after being served, its agreement, objection, or nonobjection to the settlement
					 agreement. Failure to respond in writing within 14 days, unless a different
					 time is set by the presiding officer for good cause, shall constitute
					 nonobjection to the settlement agreement. A party who objects to a settlement
					 agreement shall state those objections with particularity and shall specify how
					 it would be adversely affected by the settlement agreement.
(4) In every proceeding, the parties to the
					 settlement agreement shall, upon request, submit a proposed order to the
					 presiding officer.
(5) The
					 commission may approve a settlement agreement if all of the following
					 conditions are met:
(a) Any party that has
					 not agreed to the settlement has signed a statement of nonobjection or has
					 failed to object within the 14 days provided in subrule (3) of this rule, or
					 such other time established by the presiding officer, or the objecting party or
					 parties under subrule (3) of this rule have been given a reasonable opportunity
					 to present evidence and arguments in opposition to the settlement
					 agreement.
(b) The commission finds
					 that the public interest is adequately represented by the parties who entered
					 into the settlement agreement.
(c)
					 The commission finds that the settlement agreement is in the public interest,
					 represents a fair and reasonable resolution of the proceeding, and, if the
					 settlement is contested, is supported by substantial evidence on the record as
					 a whole.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 4 - PUBLIC SERVICE COMMISSION › Subpart C - HEARINGS › Section R. 792.10432 - Motion practice

Current through Vol. 24-12, July 15, 2024
Rule 432.
(1) In
					 a pending proceeding, a request to the commission or presiding officer for a
					 ruling or order, other than a final order, must be by motion. Unless made
					 during a hearing, a motion must comply with all of the following provisions:
(a) Be in writing.
(b) State with particularity the grounds and
					 authority on which the motion is based.
(c) State the relief or order
					 sought.
(d) Be signed or
					 electronically signed by the party or the party's attorney.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 4 - PUBLIC SERVICE COMMISSION › Subpart C - HEARINGS › Section R. 792.10433 - Appeals to commission from rulings of presiding officers

Current through Vol. 24-12, July 15, 2024
Rule 433.
(1)
					 During the course of a proceeding, a party may appeal a ruling of the presiding
					 officer by filing an application for leave to appeal the ruling to the
					 commission. Unless otherwise provided by the presiding officer, the application
					 shall be filed within 14 days after an oral ruling or service of a written
					 ruling and any response shall be filed within 14 days after service of the
					 application.
(2) The commission
					 shall grant an application and review the presiding officer's ruling if any of
					 the following provisions apply:
(a) A decision
					 on the ruling before submission of the full case to the commission for final
					 decision will materially advance a timely resolution of the
					 proceeding.
(b) A decision on the
					 ruling before submission of the full case to the commission for final decision
					 will prevent substantial harm to the appellant or the
					 public-at-large.
(c) A decision on
					 the ruling before submission of the full case to the commission for final
					 decision is consistent with other criteria that the commission may establish by
					 order.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 4 - PUBLIC SERVICE COMMISSION › Subpart C - HEARINGS › Section R. 792.10434 - Oral arguments and briefs

Current through Vol. 24-12, July 15, 2024
Rule 434.
(1)
					 Oral arguments may be made before the commission or the presiding officer at
					 the discretion of the commission or the presiding officer, respectively. Oral
					 arguments before the presiding officer must be requested before the close of
					 the record. Oral arguments before the commission must be requested not later
					 than the date for filing of exceptions.
(2) Initial briefs and reply briefs may be
					 filed at the discretion of the parties unless the commission or presiding
					 officer requires the filing of briefs and reply briefs by all parties. Unless
					 otherwise provided, initial briefs must be filed within 21 days after the date
					 of the filing of the last volume of the transcript, and reply briefs must be
					 filed within 14 days after the date for filing initial briefs.
(3) Briefs containing factual allegations
					 claimed to be established by the evidence must include a reference to the
					 specific portions of the record where the evidence may be found. Materials
					 incorporated by reference must be attached. Any factual or legal issue that is
					 not addressed in a party's initial brief shall not be addressed by that party
					 in a reply brief, except in response to another party's brief. Reply briefs
					 must be confined to rebuttal of the arguments contained in other parties"
					 initial briefs. The presiding officer may strike any brief that does not comply
					 with this rule.
(4) Proposed
					 findings of fact, if any, must be filed not later than the date for filing
					 initial briefs. Each proposed finding of fact must be numbered, stated clearly,
					 and limited to a single proposed fact.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 4 - PUBLIC SERVICE COMMISSION › Subpart C - HEARINGS › Section R. 792.10435 - Exceptions to proposals for decision

Current through Vol. 24-12, July 15, 2024
Rule 435.
(1)
					 Unless otherwise provided, exceptions to a proposal for decision must be filed
					 and served on all parties and the director of the regulatory affairs division
					 within 21 days after service of the proposal for decision. Replies to
					 exceptions, if provided for, must be filed and served on all parties and the
					 director of the regulatory affairs division within 14 days after the date for
					 filing exceptions.
(2) If a party
					 does not file exceptions to a proposal for decision within the time permitted
					 by this rule, any objection to the proposal for decision is waived. If a party
					 does not object to a part of a proposal for decision, any objection by the
					 party to that part of the proposal for decision is waived.
(3) Exceptions and replies to exceptions must
					 be supported by reasoned discussion of the evidence and the law. Exceptions and
					 replies to exceptions containing factual allegations claimed to be established
					 by the evidence must include a reference to the specific portions of the record
					 where the evidence may be found. Materials incorporated by reference must be
					 attached.
(4) Exceptions must
					 clearly and concisely recite the specific findings of fact and conclusions of
					 law to which exception is taken or the omission of, or imprecision in, specific
					 findings of fact and conclusions of law to which the party takes
					 exception.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 4 - PUBLIC SERVICE COMMISSION › Subpart D - REOPENINGS AND REHEARINGS › Section R. 792.10436 - Reopening of proceedings

Current through Vol. 24-12, July 15, 2024
Rule 436.
(1) A
					 proceeding may be reopened for the purpose of receiving further evidence when a
					 reopening is necessary for the development of a full and complete record or
					 there has been a change in conditions of fact or law such that the public
					 interest requires the reopening of the proceeding.
(2) After providing due notice and an
					 opportunity for the parties to be heard, the presiding officer, upon his or her
					 own motion or upon motion of any party, may reopen the proceeding at any time
					 before the date for the filing of exceptions to a proposal for decision or, if
					 provided for, replies to exceptions. After the date for filing exceptions or
					 replies to exceptions and until the expiration of the statutory time period for
					 filing a petition for rehearing, the commission may reopen a proceeding. The
					 commission may reopen a proceeding after the time period for filing a petition
					 for rehearing for good cause.
(3)
					 Within 21 days after service of a motion to reopen a proceeding, any party may
					 file an answer. Any party failing to do so is considered to have waived
					 objection to the granting of the motion. As soon as practicable after the time
					 for filing answers to a motion to reopen, the presiding officer or the
					 commission shall, in writing, grant or deny the motion. The presiding officer
					 or the commission may provide for hearing and oral argument on a motion to
					 reopen.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 4 - PUBLIC SERVICE COMMISSION › Subpart D - REOPENINGS AND REHEARINGS › Section R. 792.10437 - Rehearings

Current through Vol. 24-12, July 15, 2024
Rule 437.
(1) A
					 petition for rehearing after a decision or order of the commission shall be
					 filed with the commission within 30 days after service of the decision or order
					 of the commission unless otherwise specified by statute. A petition for
					 rehearing based on a claim of error shall specify all findings of fact and
					 conclusions of law claimed to be erroneous with a brief statement of the basis
					 of the error. A petition for rehearing based on a claim of newly discovered
					 evidence, on facts or circumstances arising subsequent to the close of the
					 record, or on unintended consequences resulting from compliance with the
					 decision or order shall specifically set forth the matters relied upon. The
					 petition shall be accompanied by proof of service on all other parties to the
					 proceeding.
(2) Within 21 days
					 after service of a petition for rehearing, any party may file an answer. Any
					 party failing to do so shall be considered to have waived objection to the
					 granting of the petition.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 4 - PUBLIC SERVICE COMMISSION › Subpart D - REOPENINGS AND REHEARINGS › Section R. 792.10438 - Proceedings within 90 days after dismissal

Current through Vol. 24-12, July 15, 2024
Rule 438. When an application, petition, or complaint has
						been dismissed by the commission because the party instituting the proceeding
						failed to appear and proceed at the hearing, the commission shall refuse,
						except for good cause, to accept for filing an application, petition, or
						complaint relating to the same or substantially the same subject matter from
						the same party for a period of 90 days after the date of a commission order
						dismissing the case.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 4 - PUBLIC SERVICE COMMISSION › Subpart E - COMPLAINTS › Section R. 792.10439 - Complaints; limited matters; initiating complaint

Current through Vol. 24-12, July 15, 2024
Rule 439. A complaint must be limited to matters
						involving alleged unjust, inaccurate, or improper rates or charges or unlawful
						or unreasonable acts, practices, or omissions of a utility, including a
						violation of any commission rule, regulation, tariff filed or published by a
						utility, order, or a violation of a statute administered or enforced by the
						commission. A complaint may be either formal or informal and may be made by a
						person having an interest in the subject matter of the complaint or may be made
						by the commission on its own motion or by staff, subject to applicable
						statutory standards.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 4 - PUBLIC SERVICE COMMISSION › Subpart E - COMPLAINTS › Section R. 792.10440 - Informal complaints

Current through Vol. 24-12, July 15, 2024
Rule 440. The commission shall attempt to resolve as an
						informal complaint any matter brought to its attention by any person not
						requesting initiation of a contested case proceeding.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 4 - PUBLIC SERVICE COMMISSION › Subpart E - COMPLAINTS › Section R. 792.10441 - Formal complaints; content

Current through Vol. 24-12, July 15, 2024
Rule 441.
(1) A
					 formal complaint may be filed on paper or may be filed by email in accordance
					 with instructions on the commission's website. Formal complaints filed by
					 corporations must be electronically filed in the commission's e-docket system.
					 Complaints filed by residential customers must be processed under the
					 provisions of this subpart. Complaints filed by sole proprietors may be
					 processed under this subpart in accordance with instructions from the
					 secretary.
(2) A formal complaint
					 must set forth all of the following:
(a) The
					 name and address of the complainant and the complainant's attorney, if
					 any.
(b) The name and address of
					 the respondent.
(c) The interest of
					 the complainant in the subject matter.
(d) A concise statement of the facts on which
					 the complainant relies in requesting relief, with the specific allegations
					 necessary to reasonably inform the respondent of the nature of the claims the
					 respondent is called upon to defend, with specific reference to the section or
					 sections of all statutes, rules, regulations, orders, and tariffs upon which
					 the complainant relies in filing a complaint.
(e) A demand for a contested case
					 proceeding.
(f) A clear and concise
					 statement of the relief sought and the authority upon which the complainant
					 relies for the relief.
(g) The
					 signature of the person or persons filing the complaint.
(h) A specification regarding whether the
					 complaint will be addressed by email filing and service or by paper filing and
					 service.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 4 - PUBLIC SERVICE COMMISSION › Subpart E - COMPLAINTS › Section R. 792.10442 - Formal complaints; examination; rejection

Current through Vol. 24-12, July 15, 2024
Rule 442. An administrative law specialist assigned by
						the director of the regulatory affairs division shall review a complaint to
						determine if the complaint states a prima facie case within the commission's
						jurisdiction. If the commission finds that a complaint does not state a prima
						facie case or does not conform to these rules, it shall notify the complainant
						or the complainant's attorney that the complaint is rejected, give the reasons
						for the rejection, and return the complaint. Nothing in this rule prohibits a
						complainant whose complaint has been rejected from amending and refiling the
						complaint. Upon the filing of a formal complaint that conforms to the
						provisions of R 792.10441
						of these rules and states a prima facie case, the commission, acting through
						its staff, may commence an investigation of the matters raised in the
						complaint.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 4 - PUBLIC SERVICE COMMISSION › Subpart E - COMPLAINTS › Section R. 792.10443 - Formal complaints; service; offers of relief; answers

Current through Vol. 24-12, July 15, 2024
Rule 443.
(1) If
					 the complaint states a prima facie case and conforms to the provisions of these
					 rules, the commission shall serve upon the respondent, a notice, accompanied by
					 a copy of the complaint, requiring that the matter complained of be satisfied
					 or that the complaint be answered within 21 days after the date of service of
					 the notice or within such time as the commission may, for good cause,
					 provide.
(2) Every answer to a
					 formal complaint must specifically admit or deny each material allegation
					 contained in the complaint and also set forth any facts relied upon by the
					 respondent as constituting an affirmative defense. If the respondent lacks
					 knowledge or information sufficient to form a belief as to the truth of an
					 allegation contained in the complaint, the respondent shall indicate this lack
					 of knowledge or information in the answer, which operates as a
					 denial.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 4 - PUBLIC SERVICE COMMISSION › Subpart E - COMPLAINTS › Section R. 792.10444 - Formal complaints; motions to make more definite and certain

Current through Vol. 24-12, July 15, 2024
Rule 444. If the respondent believes that a complaint is
						so vague or ambiguous that the respondent cannot reasonably be required to
						respond to it, the respondent may file and serve, upon the complainant, a
						motion requesting that the allegations or other matters contained in the
						complaint be made more definite and certain. The motion shall specify the
						defect complained of and the details requested. The respondent shall answer
						those portions of the complaint that are not subject to the motion. If the
						motion is granted, the complainant shall have an opportunity to file an amended
						complaint within the time specified in the order granting the
						motion.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 4 - PUBLIC SERVICE COMMISSION › Subpart E - COMPLAINTS › Section R. 792.10445 - Formal complaints; motions to dismiss and defenses

Current through Vol. 24-12, July 15, 2024
Rule 445. A defense that the complainant is without
						standing to make the complaint, that the commission lacks jurisdiction over the
						subject matter of the complaint, or that the complaint fails to state a prima
						facie case or otherwise fails to conform to these rules may be raised by motion
						to dismiss or answer, at the option of the respondent. All other defenses to a
						complaint shall be raised by the answer.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 4 - PUBLIC SERVICE COMMISSION › Subpart E - COMPLAINTS › Section R. 792.10446 - Formal complaint; burden of proof

Current through Vol. 24-12, July 15, 2024
Rule 446. The complainant generally has the burden of
						proof as to matters constituting the basis for the complaint and the respondent
						has the burden of proof as to matters constituting affirmative defenses. The
						burden of proof, however, may be differently placed, or may shift, as provided
						by law or as may be appropriate under the circumstances.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 4 - PUBLIC SERVICE COMMISSION › Subpart F - SPECIFIC PROCEEDINGS › Section R. 792.10447 - Public utilities; new construction

Current through Vol. 24-12, July 15, 2024
Rule 447.
(1) An
					 entity listed in this subrule shall file an application with the commission for
					 the necessary authority to do any of the following:
(a) A gas or electric utility within the
					 meaning of the provisions of 1929 PA 69, MCL
					 460.501 to
					 460.506, that wants to construct
					 a plant, equipment, property, or facility for furnishing public utility service
					 for which a certificate of public convenience and necessity is required by
					 statute.
(b) A natural gas pipeline
					 company within the meaning of the provisions of 1929 PA 9, MCL
					 483.101 to
					 483.120, that wants to construct
					 a plant, equipment, property, or facility for furnishing public utility service
					 for which a certificate of public convenience and necessity is required by
					 statute.
(c) A corporation,
					 association, or person conducting oil pipeline operations within the meaning of
					 1929 PA 16, MCL
					 483.1 to
					 483.11, that wants to construct
					 facilities to transport crude oil or petroleum or any crude oil or petroleum
					 products as a common carrier for which approval is required by
					 statute.