DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS
MICHIGAN
ADMINISTRATIVE HEARING SYSTEM
MICHIGAN OFFICE OF ADMINISTRATIVE HEARINGS AND RULES
ADMINISTRATIVE HEARING RULES
Filed with the secretary of state on
These rules take effect immediately upon filing with the secretary of state unless adopted under section 33, 44, or 45a(9) of the administrative procedures act of 1969, 1969 PA 306, MCL 24.233, 24.244, or 24.245a. Rules adopted under these sections become effective 7 days after filing with the secretary of state.
(By authority conferred
on the Executive Director of the Michigan Administrative Hearing System by
Executive Order Nos. 2005-1, 2011-4, and 2011-6, MCL 445.2021, 445.0230,
445.2032, sections 32 and 49 of 1973 PA 186, MCL 205.732 and 205.749, sections
2233, 12561, and 13322 of 1978 PA 368, MCL 333.2233, 333.12561 and 333.13322
and Executive Reorganization Order Nos. 1997-2 and 1998-2, MCL 29.451 and
29.461, section 57 of 1989 PA 300, MCL 281.1352, parts 31, 32, 41, 55, 63, 111,
115, and 201 of 1994 PA 451, MCL 324.101 to 324.90106, Executive Order 1995-16,
MCL 324.99903, section 7 of 1909 PA 106, MCL 460.557, section 2 of 1909 PA 300,
MCL 462.2, section 5 of 1919 PA 419, MCL 460.55, article 5, section 6 of 1933
PA 254, MCL 479.6, sections 6 and 6a of 1939 PA 6, MCL 479.6 and 479.6a,
section 675, 1949 PA 300, MCL 257.675, section 5 of 1969 PA 200, MCL 247.325,
section 23 of 1972 PA 106, MCL 252.323, section 210 of 1956 PA 218, MCL
500.210, section 614 of 1978 PA 368, MCL 333.16141, section 308 of 1980 PA
299, MCL 399.308, and Executive Reorganization Orders 1996-1 and 2003-1, MCL
445.2001, 445.2011, sections 6 and 9 of 1939 PA 280, MCL 400.6 and 400.9,
sections 2226 and 2233 of 1978 PA 368, MCL 333.2226 and 333.2233, section 6 of
1939 PA 280, MCL 400.6 and Executive Reorganization Order Nos. 2005-1 and
2011-4, MCL 445.2021 and 445.2030, section 46 of 1974 PA 154, MCL 408.1046,
section 12 of 1978 PA 390, MCL 408.482, section 213 of 1969 PA 317, MCL
418.213, and Executive Reorganization Order Nos. 1996-2, 2002-1, and 2003-1,
MCL 445.201, 445.2004, 445.2011, section 34 of 1936 PA 1, MCL 421.34, and
Executive Reorganization Order Nos. 1996-2, 2003-1, 2011-4, 2011-6, MCL
445.2001, 445.2011, 445.2030, 445.2032, sections 7, 9a and 27 of 1939 PA 176,
MCL 423.7, 423.9a, 423.27, and sections 12, 14 of 1947 PA 336, MCL 423.212 and
432.214 and Executive Reorganization Order Nos. 1996-2, 2011-4, and 2011-5, MCL
445.2001, 445.2030, 445.2031, section 2 of 1943 PA 240, MCL 38.2, section 15 of
1964 PA 287, MCL 388.1015, sections 1531, 1531i, 1535a, and 1539b of 1976 PA
451, MCL 380.1531, 380.1531i, 380.1535a, 380.1539b, and Executive
Reorganization Order Nos. 1996-1 and 1996-7, MCL 388.993 and 338.994, section
1701 and 1703 of 1976 PA 451, MCL 380.1701, 380.1703 and Executive Order
2005-1, MCL 445.2021, section 6 of 1953 PA 232, MCL 791.206.)
(By authority conferred on the executive director of the Michigan office of administrative hearings and rules by Executive Reorganization Order Nos. 2005-1, 2011-4, 2011-6, 2019-1, and 2019-3, MCL 445.2021, 445.2030, 445.2032, 324.99923, and 125.1998, and section 33 of the administrative procedures act of 1969, 1969 PA 306, MCL 24.233, as well as the following provisions applicable to specific practice areas:
Part 2: sections 32 and 49 of the tax tribunal act, 1973 PA 186, MCL 205.732 and 205.749.
Part 3: sections 2233 and 13322 of the public health code, 1978 PA 368, MCL 333.2233 and 333.13322; Executive Reorganization Order Nos. 1997-2, 1998-2, and 1995-16, MCL 29.451, 29.461, and 324.99903; and parts 31, 33, 41, 55, 63, 111, 115, and 201 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.3101 to 324.3134, 324.3301 to 324.3315, 324.4101 to 324.4113, 324.5501 to 324.5542, 324.6301 to 324.6321, 324.11101 to 324.11153, 324.11501 to 324.11554, and 324.20101 to 324.20142.
Part 4: section 7 of 1909 PA 106, MCL 460.557; section 2 of 1909 PA 300, MCL 462.2; section 5 of 1919 PA 419, MCL 460.55; sections 6 and 6a of 1939 PA 3, MCL 460.6 and 460.6a, section 6 of the motor carrier act, 1933 PA 254, MCL 479.6; and Executive Reorganization Order No. 2015-3, MCL 460.21.
Part 5: section 675 of the Michigan vehicle code, 1949 PA 300, MCL 257.675; section 5 of 1969 PA 200, MCL 247.325, and section 23 of the highway advertising act of 1972, 1972 PA 106, MCL 252.323.
Part 6: section 210 of the insurance code of 1956, 1956 PA 218, MCL 500.210.
Part 7: section 16141 of the public health code, 1978 PA 368, MCL 333.16141.
Part 8: section 308 of the occupational code, 1980 PA 299, MCL 339.308, and Executive Reorganization Order Nos. 1996-1 and 2003-1, MCL 330.3101 and 445.2011.
Part 9: sections 6 and 9 of the social welfare act, 1939 PA 280, MCL 400.6 and 400.9; and sections 2226 and 2233 of the public health code, 1978 PA 368, MCL 333.2226 and 333.2233.
Part 10: section 6 of the social welfare act, 1939 PA 280, MCL 400.6; and Executive Reorganization Order Nos. 2015-4 and 2018-6, MCL 38.1174, and 722.110.
Part 11: section 46 of the Michigan occupational safety and health act, 1974 PA 154, MCL 408.1046.
Part 12: section 12 of 1978 PA 390, MCL 408.482, and section 7 of the paid medical leave act, 2018 PA 338, MCL 408.967.
Part 13: section 213 of the worker’s disability compensation act of 1969, 1969 PA 317, MCL 418.213, and Executive Reorganization Order Nos. 1996-2, 2002-1, and 2003-1, MCL 445.2001, 445.2004, and 445.2011.
Part 14: section 34 of the Michigan employment security act, 1936 PA 1, MCL 421.34, and Executive Reorganization Order Nos. 1996-2 and 2003-1, MCL 445.2001 and 445.2011.
Part 15: sections 7, 9a, and 27 of 1939 PA 176, MCL 423.7, 423.9a, 423.27, sections 12 and 14 of 1947 PA 336, MCL 423.212 and 432.214; and Executive Reorganization Order Nos. 1996-2 and 2011-5, MCL 445.2001and 445.2031.
Part 16: section 2 of the state employees’ retirement act, 1943 PA 240, MCL 38.2.
Part 17: section 15 of 1964 PA 287, MCL 388.1015; sections 1531, 1531i, 1535a, and 1539b of the revised school code, 1976 PA 451, MCL 380.1531, 380.1531i, 380.1535a, and 380.1539b; and, Executive Reorganization Order Nos. 1996-1 and 1996-7, MCL 388.993 and 388.994.
Part 18: sections 1701 and 1703 of the revised school code, 1976 PA 451, MCL 380.1701 and 380.1703.
Part 19: section 6 of the corrections code of 1953, 1953 PA 232, MCL 791.206)
R 792.10101, R 792.10103, R 792.10104, R 792.10106, R 792.10107, R 792.10109, R 792.10110, R 792.10111, R 792.10114, R 792.10115, R 792.10119, R 792.10124, R 792.10126, R 792.10129, R 792.10131, R 792.10134, R 792.10201, R 792.10203, R 792.10205, R 792.10207, R 792.10209, R 792.10211, R 792.10213, R 792.10215, R 792.10217, R 792.10219, R 792.10221, R 792.10223, R 792.10225, R 792.10227, R 792.10229, R 792.10231, R 792.10233, R 792.10237, R 792.10239, R 792.10243, R 792.10245, R 792.10247, R 792.10249, R 792.10251, R 792.10253, R 792.10255, R 792.10257, R 792.10259, R 792.10261, R 792.10263, R 792.10265, R 792.10267, R 792.10271, R 792.10273, R 792.10275, R 792.10277, R 792.10279, R 792.10281, R 792.10283, R 792.10285, R 792.10287, R 792.10289, R 792.10402, R 792.10403, R 792.10404, R 792.10405, R 792.10406, R 792.10407, R 792.10408, R 792.10410, R 792.10413, R 792.10415, R 792.10417, R 792.10418, R 792.10421, R 792.10429, R 792.10430, R 792.10432, R 792.10433, R 792.10434, R 792.10435, R 792.10436, R 792.10439, R 792.10440, R 792.10441, R 792.10442, R 792.10443, R 792.10447, R 792.10448, R 792.11201, R 792.11202, R 792.11204, R 792.11205, and R 792.11903 of the Michigan Administrative Code are amended, R 792.10291, R 792.10293, R 792.10295, R 792.10297, and R 792.11209 are added, and R 792.10414 is rescinded, as follows:
PART 1: GENERAL
R 792.10101 Scope.
Rule 101. (1) These rules govern practice and procedure in administrative
hearings conducted by the Michigan office of administrative hearings and
rules (hereinafter the “hearing system”)administrative hearing
system under Executive Reorganization Order Nos. 2005-1, 2011-4, 2011-6,
2019-1, and 2019-3, MCL 445.2021, Executive Reorganization Order No.
2011-4, MCL 445.2030, and Executive Reorganization Order
No. 2011-6, MCL 445.2032, 324.99923, and 125.1998.
(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.
R 792.10103 Definitions.
Rule 103. For purposes of these rules As used in these rules:,
the words and phrases defined in this rule have the meanings ascribed to them.
(a) “Act” means the administrative procedures act of 1969, 1969 PA 306,
MCL 24.201 to 24.328, also known as the administrative procedures act of
1969.
(b) “Adjournment” means a postponement of a hearing to a later date.
(bc)
“Administrative law judge” means any person assigned by the hearing system to
preside over and hear a contested case or other matter assigned,
including, but not limited to, a tribunal member, hearing officer,
presiding officer, referee, and or magistrate.
(c) “Adjournment” means a postponement of a hearing to a later date.
(d) “Administrator” means the person, commission, or board with final decision-making authority in a contested case, other than an administrative law judge or a tribunal member.
(e) “Agency” means a bureau, division, section, unit, board, commission, trustee, authority, office, or organization within a state department, created by the constitution, statute, or department action. Agency does not include an administrative unit within the legislative or judicial branches of state government, the governor’s office, a unit having direct governing control over an institution of higher education, the state civil service commission, or an association of insurers or nonprofit organization of insurer members created under the insurance code of 1956, 1956 PA 218, MCL 500.100 to 500.8302.
(f) “Authorized representative” means a person, other than an attorney, who
has been given legal authority to representing a party in a
proceeding.
(g) “Contested case” means a proceeding or evidentiary hearing in which a determination of the legal rights, duties, or privileges of a named party is made after an opportunity for a hearing.
(h) “Continuance” means a resumption of a hearing at a later date under these rules.
(i) “Date of receipt” means the date on which the hearing system receives a filing.
(j) “Department” means the state department of licensing and regulatory
affairs, unless otherwise specified as a separate constitutionally created state
department.
(k) “Hearing system” means the Michigan office of administrative hearings
and rules administrative hearing system created under the authority
of Executive Reorganization Order Nos. 2005-1 and 2019-1, MCL
445.2021 and 324.99923.
(l) “Person” means an individual, partnership, corporation, association, municipality, agency, or any other entity.
(m) “Petitioner” means a person who files a request for a hearing.
(n) “Referring authority” means a court, state, or local political subdivision including, but not limited to, a department, agency, bureau, tribunal, mayor, city council, township supervisor, township board, village manager, or village board.
(o) “Respondent” means a person against whom a proceeding is commenced.
R 792.10104 Computation of time.
Rule 104. (1) In computing any period of time prescribed or allowedcontemplated
by these rules, the time in which an act is to be done shall be 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 shall be 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).
R 792.10106 Administrative law judge; authority; disqualification and recusal; substitution;
communications; conduct.
Rule 106. (1) The administrative law judge shall exercise the following authority
powers 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)
and fFix the time for the filing and service of briefs and
other documents to the hearing system and the other parties.
(j)(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.
(k)(l)
Require the parties to submit filings, including, but not limited to,
proposed prehearing orders and legal memoranda memorandum.
(l)(m)
Examine witnesses as deemed necessary by the administrative law judge to
complete a record or address a statutory element.
(m)(n)
Grant applications for subpoenas and subpoena witnesses and documents to the
extent authorized by statute.
(n)(o)
Issue proposed orders, proposals for decision, and final orders and take any
other appropriate action authorized by law.
(o)(p)
On motion, or on an administrative law judge’s own initiative, adjourn
hearings, except where statutory provisions limit adjournment authority.
(2) An administrative law judge may be recused, or disqualified, from a case based on bias, prejudice, interest, or any other cause provided for in this rule.
(3) An administrative law judge shall disclose to the parties any known
conditions listed in subdivisions (a) to (e) of this subrule and An
administrative law judge may be recused or disqualified from in
any proceeding in which the impartiality of the administrative law judge might
reasonably be questioned, including, but not limited to, instances in
which any of the following exist:
(a) The administrative law judge has a personal bias or prejudice concerning a party, a party’s authorized representative, or a party’s attorney.
(b) The administrative law judge has personal knowledge of disputed evidentiary facts concerning the proceeding.
(c) The administrative law judge served as an attorney in the matter in controversy.
(d) An attorney with whom the administrative law judge previously practiced law serves as the attorney in the matter in controversy.
(e) The administrative law judge has been a material witness concerning the matter in controversy.
(4) An administrative law judge who would otherwise be recused by the terms of
this rule may disclose on the record the basis of disqualification and may ask
the parties and their attorneys to consider, out of his or herthe
administrative law judge’s presence, whether to waive disqualification. If
following disclosure of any basis for disqualification other than personal bias
or prejudice concerning a party, the parties agree that the administrative law
judge should not be disqualified, the administrative law judge may preside over
the proceeding. The agreement shall must be incorporated into the
hearing record.
(5) Any party seeking to disqualify an administrative law judge shall promptly
move for the disqualification promptly after receipt of receiving
notice indicating that the administrative law judge will preside or upon
discovering facts establishing grounds for disqualification, whichever is
later. Such aA motion for recusal shall must be
made in writing and shall be accompanied by an affidavit setting forth definite
and specific allegations that demonstrate the facts upon which the motion for
disqualification is based.
(6) If the challenged administrative law judge denies the motion for disqualification, a party may move for the motion to be decided by a supervising administrative law judge.
(7) If an administrative law judge is disqualified, incapacitated, deceased,
otherwise removed from, or unable to continue a hearing, or to
issue a proposal for decision or final order as assigned, another
administrative law judge shall must be assigned to continue the
case by the hearing system director or his or her designee. To avoid
substantial prejudice or to enable the administrative law judge to render a
decision, the newly assigned administrative law judge may order a rehearing on
any part of the contested case. This rule applies whether the substitution
occurs before or after the administrative record is closed.
(8) Once a case has been referred to the hearing system, no person shall
may communicate with the assigned administrative law judge relating to
the merits of the case without the knowledge and consent of all other parties
to the matter, except as follows:
(a) The administrative law judge may communicate with another administrative
law judge relating to the merits of cases at any time or the hearing system
staff as provided by, sections 71 to 87 of the act, 1969 PA
306, MCL 24.271 to 24.287.
(b) The administrative law judge may, when circumstances require, communicate with parties, attorneys, or authorized representatives for scheduling, or other administrative purposes that do not deal with substantive matters or issues on the merits, provided that the administrative law judge reasonably believes that no party will gain procedural or tactical advantage as a result of the communication. The administrative law judge shall make provision to promptly notify all other parties of the substance of the communication and allow an opportunity to respond.
(9) If an administrative law judge receives a communication prohibited by this rule, the administrative law judge shall promptly notify all parties, attorneys, or authorized representatives of the receipt of such communication and its content.
R
792.10107 Attorneys and authorized representation; service misconduct;
withdrawal and
substitution.
Rule 107. (1) A party may appear in person, by an attorney, or by an
authorized representative where permitted by statute or rule law.
To appear on behalf of a party, an attorney or authorized representative shall
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 client party is deemed the a notice of appearance
by the attorney or authorized representative. of the attorney or
authorized representative. An appearance by an attorney or
authorized representative is an appearance by his or her firm or office. After a notice
of appearance has been filed or after an appearance is made on the
record, service of all papers in a proceeding shall must
be made upon served on the person who appeared or on the
person whose name appears on the notice of appearance or filing, at
the address indicated identified by the person or on the appearance
or filing notice of hearing, and is shall be effective
as service on the party 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, Aan attorney or authorized representative
who has entered an appearance may withdraw from the case. , or be
substituted for another attorney, only by order of the administrative law
judge. Timely notice of withdrawal or substitution shall must
be provided to all parties, their attorneys or authorized representatives, and
the administrative law judge.
R 792.10109 Filings with the hearing system.
Rule 109. (1) Unless authorized to be filed electronically using an
electronic filing system, all filings shall be on 8 ½ x 11 inch paper.
(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 8-½ by 11-inch paper.
(2)(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 following business day. Documents
and pleadings submitted by email or by using a hearing system-approved
electronic filing system are considered filed on the same business day if filed
at or before 11:59 p.m. eastern standard time.
(3)(4)
Submission by facsimile may be is allowed only if the
following conditions are met , under all of the following provisions:
(a) A cover sheet is included that contains includes the
following information should accompany every transmission:
(i) Case name.
(ii) Case number.
(iii) Document title.
(iv)
The sender’s nName, telephone number, and facsimile number of
sender.
(v) The total number of pages contained in the submission, including the cover sheet.
(b) A The facsimile consistsing of more than
20 pages or less will not be accepted.
(c) When a party files by facsimile, tThe party shall then
immediately sends a facsimile copy of the filing to all other parties named
in the case caption, when a facsimile number is available. If a
facsimile number is not available, tThe party shall then must
serve the submission notice to all other known parties pursuant
to the notice requirements of these rules.
(5) If a document or pleading must be signed, it must contain a handwritten signature or an electronic signature.
(a) An electronic signature may be an electronic symbol attached to or logically associated with a document or pleading and executed or adopted by a person with the intent to sign the document or pleading. This may be a graphic image of the signature or text designated as a signature, such as “/s/ John Smith,” “/s/ John Smith, Attorney,” or “/s/ John Smith, Authorized Representative.”
(4)(6) Filings Documents
and pleadings shall will not be accepted by e-mail email
unless specifically authorized by the administrative law judge, administrative
law manager, or pursuant to an order issued by the executive director of
the hearing system.
(7) The responsibility for excluding or redacting personal identifying information from all documents or physical evidence used at hearing, filed with or offered to the hearing system, rests solely with the parties and their attorneys. The hearing system is not responsible for or required to review, redact, or screen documents at the time of filing for personal identifying information, protected or otherwise, whether filed electronically or on paper. A party may request that the hearing system redact its personal identifying information contained in a previously filed document or physical evidence by submitting a written request stating with specificity the information in question.
R 792.10110 Service of documents and other pleadings; manner of service; date of service;
statement or proof of service.
Rule 110. (1) A party shall must serve all documents and
pleadings filed in a hearing system proceeding on all other parties. Unless
otherwise directed by the administrative law judge, “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 shall must be
served on the attorney of record or authorized representative.
(2)
Service on a party may be completed electronically on request of, or with
permission of, the party receiving the documents. 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 e-email must set forth the e-email addresses of the parties or attorneys that agree to email service.
(b) Parties and attorneys who 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.
(3) Service, other than electronic, may be completed by mail, facsimile, or
commercial delivery service or by leaving a copy of the document at the
residence, principal office, or place of business of the person or agency
required to be served. The hearing system may serve documents on the
parties, the parties’ attorney, or the parties’ authorized representative by
“mailing a copy” as defined in subrule (4) of this rule.
(4) When service of any document or pleading is completed by mail or
commercial delivery service, the date of service is the date of deposit with
the United States post office, inter-departmental mail delivery system, or
other carrier. “Mailing a copy” as used in this rule means 1 or more of
the following:
(a) Enclosing documents in a sealed envelope addressed to the person to be served and placing the envelope into an intra-departmental mail delivery system or depositing it with first-class postage fully prepaid in the United States mail or other commercial delivery service.
(b) Emailing the documents to the parties, parties’ attorney, or the parties’ authorized representative at the email address on file with the hearing system.
(c) Sending the documents by facsimile to a facsimile number on file with the hearing system.
(d) Leaving a copy of the document at the residence, principal office, or place of business of the person or agency.
(5) When service of any document or pleading is completed by United States mail, commercial delivery service, or inter-departmental mail, the date of service is the date of deposit with the United States post office, other carrier, or inter-departmental mail delivery system.
(5)(6) When service of any document or pleading is completed by
hand, electronically, facsimile, or a hearing system-approved
electronic filing system, by any other method authorized by these rules,
the date of service is the date of receipt as indicated by a date stamp or
other verifiable date on the document or pleading.
(6)(7) The person or party serving documents on other parties
pursuant to this rule shall must file with the hearing system a
written statement of service stating the method or manner of service, the
identity of the server, the names of the parties served, and the date and place
of service. When service is completed electronically, the statement of service shall
must also state the e-mail email addresses of the sender
and the recipient. Failure to timely file the statement of service will
does not affect the validity of service.
(7)(8) If a question concerning proper service is raised, the
person or party claiming to have effectuated proper service bears the burden
of proof serving the documents shall submit a proof of service. When
service is made by mail, the a return post office receipt shall
may be proof of service. When service is made by private delivery
service, the receipt showing delivery shall be is sufficient
proof of service. When service is made in any other manner authorized by these
rules, verified proof of service shall must be made by filing an
affidavit of the person or party serving the documents. The administrative
law judge assigned to the matter shall resolve Ddisputes with
respect to proper service will be resolved by the administrative law judge
assigned to the matter.
(8)(9) The administrative law judge assigned by the hearing
system may decline to consider any document or pleading not served pursuant to
these rules.
(9) Mailing a copy under this rule means enclosing it in a sealed envelope
addressed to the person to be served and placing it into an intra-departmental
mail delivery system or depositing the sealed envelope with first class postage
fully prepaid in the United States mail or other commercial delivery service.
R 792.10111 Notice of hearing.
Rule 111. If the notice of hearing is issued by the hearing system, the notice
shall 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 shall 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 states the following“If if accessibility is requested,
such as (i.e. braille, large print, electronic or audio reader),
information which 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 prior to before
the date of the hearing, an adjournment shall be granted. If a party
fails to provide information for conversion pursuant to this rule, the
administrative law judge has discretion to 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 the these rules Michigan administrative
hearing system administrative hearing rules.
R 792.10114 Prehearing conferences.
Rule 114. (1) The administrative law judge may hold a prehearing conference to
resolve matters prior to before the hearing.
(2) A prehearing conference may be convened to 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.
(3) At the discretion of the administrative law judge, all or part of a prehearing conference may be recorded.
(4) Prehearing conferences may be conducted in person, by telephone, by videoconference, or other electronic means at the discretion of the administrative law judge.
(5) When a prehearing conference has been held, the administrative law judge shall
may issue a prehearing order which that states the actions
taken or to be taken with regard to any matter addressed at the prehearing
conference.
(6) If a prehearing conference is not held, the administrative law judge may issue a prehearing order to regulate the conduct of proceedings.
(7) If a party fails to appear for a prehearing conference after proper notice, the administrative law judge may proceed with the conference in the absence of that party.
(8) A party who fails to attend a prehearing conference is subject to any procedural agreement reached, and any order issued, with respect to matters addressed at the conference.
R 792.10115 Motion practice.
Rule 115. (1) All requests for action addressed to the administrative law
judge, other than during a hearing, shall must be made in
writing. Written requests for action shall must state specific
grounds and describe the action or order sought. A copy of all written motions
or requests for action shall must be served pursuant to these
rules.
(2) Except as otherwise approved by the administrative law judge, aAll
motions shall must be filed at least 14 days prior to before
the date set for hearing unless other scheduling provisions prevent
compliance with this timeline or the need for the motion could was not
reasonably have been foreseen foreseeable 14 days prior to
before the hearing.
(3) A response to a motion may be filed within 7 days after service of the written motion unless otherwise ordered by the administrative law judge or unless other scheduling provisions prevent compliance with this timeline. Either party may request an expedited ruling.
(4) All motions and responses shall must include citations of
to supporting authority and, if germane, supporting affidavits or
citations to evidentiary materials of record.
(5) The administrative law judge has discretion to may require
oral argument on a motion or allow or deny oral argument based on a request
from a party.
(6) A request for oral argument on a motion shall must be made in
writing.
(7) Notice of oral argument on a motion shall must be given prior
to before the date set for hearing. At the discretion of the
administrative law judge, a hearing on a motion may be conducted in whole or in
part by telephone or other electronic means. The administrative law
judge shall must rule upon motions within a reasonable time.
or hold the motion in abeyance.
(8) Multiple motions may be consolidated for oral argument.
(9) A party may withdraw a motion for oral argument at any time.
(10) Any relief granted by the administrative law judge in response to a motion
should must be incorporated in a written order, the proposal for
decision, or the final order.
R 792.10119 Location.
Rule 119. (1) The hearing system may schedule a hearing at any location or by remote means, including telephone, teleconference, or other platform, unless location is dictated by statute or controlling rules.
(2) A party may file a motion asserting good cause for request a change
of venue or means of access, including, but not limited to, in person,
telephonic, or video. For good cause shown, the request may be granted
at the discretion of the administrative law judge.
R 792.10124 Presentation.
Rule 124. (1) A party may make or waive a closing statement. If a party elects to make a closing statement, the administrative law judge may order closing arguments to be submitted in writing and may require written proposed findings of fact and conclusions of law.
(2) Unless otherwise directed by the administrative law judge, the party having the burden of proof shall go forward first with presentation of evidence. A party may submit rebuttal evidence.
(3) Except as otherwise provided for by statute or rule, the complaining party has the burden of proving, by a preponderance of the evidence, the basis for the requested relief or action.
R 792.10126 Evidence to be entered on record; documentary evidence.
Rule 126. (1) Evidence in a proceeding shall must be offered and
made a part of the record if admitted by the administrative law judge. Other
factual information shall must not be used as the basis of the
decision of the administrative law judge, unless parties are provided notice.
Documentary evidence may be received in the form of a copy or excerpt, if the
original is not readily available. Unless otherwise allowed by the
administrative law judge, a party offering documentary evidence must ensure
that it is received by the administrative law judge, with a copy sent to the
opposing party, not later than 7 days before the hearing except where the
notice of hearing is issued less than 30 days before the hearing. If the
notice of hearing is issued less than 30 days before the hearing, documentary
evidence must be received by the administrative law judge and a copy provided
to the opposing party no later than 1 business day before the scheduled
hearing, unless the administrative law judge allows otherwise for good cause
shown. Upon timely request, a party shall must be given an
opportunity to compare a copy with the original, when available. Documentary
evidence may be incorporated by reference if the materials are available for
examination by the parties.
(2)
If materials and exhibits offered, but not admitted, are made part of the
record for purposes of appeal, they shall must be clearly marked
by the administrative law judge as “rejected”.
(3) Exhibits that are rejected as duplicates of material already contained in
the file or record, shall must be returned to the party offering
the exhibits, and shall must not be included in the record on
appeal.
(4) Exhibits introduced into evidence, but later withdrawn, shall are
not be considered part of the record on appeal.
R 792.10129 Summary disposition.
Rule 129. (1) A party may move for dismissal of or judgment make a
motion for summary disposition of all or part of a proceeding. When an
administrative law judge does not have final decision authority, he or she may
issue a proposal for decision granting summary disposition on all or part
of a proceeding. The motion may be based on 1 or more of the following
grounds if he or she determines that that any of the following exists:
(a) There is no No genuine issue of material fact.
(b) There is a A failure to state a claim for which relief may be
granted.
(c) There is a A lack of jurisdiction or standing.
(2) If the administrative law judge has final decision authority, he or she
may determine the motion for summary disposition may be determined without first
issuing a proposal for decision.
(2)(3) If an
administrative law judge does not have final decision authority, the judge may
issue an order denying the motion without first issuing a proposal for decision
or may issue a proposal for decision granting the motion.
(3)(4)
If the motion for summary disposition is denied, or if the decision on the
motion does not dispose of the entire action, then the action shall must
proceed to hearing.
(4)(5) In hearings held
under the occupational code, 1980 PA 299 229, MCL 339.101 to 339.2919339.2677,
the administrative law judge shall may not issue an order of
summary disposition.
(5)
In hearings held under the worker’s disability compensation act of 1969, 1969
PA 317, MCL 418.101 to 418.941, the administrative law judge or magistrate
shall not issue an order of summary disposition pursuant to subrule (1)(a) of
this rule.
R 792.10131 Proposals for decision.
Rule 131. (1) In the absence of authority conferred by statute, administrative rule, or delegation to issue a final decision, the administrative law judge who conducted the hearing or who has read the complete record shall issue a proposal for decision.
(1)
(2) When the final decision is made by a person who did not conduct the
hearing or review the record, the decision, if adverse to a party other than
the agency itself, shall not be made until a proposal for decision is served on
the parties and an opportunity is given to each party adversely affected to
file exceptions and present written arguments to the person who will make the
final decision. On review of a proposal for decision, the final decision
authority shall have all of the powers which that it would have
if it had presided at the hearing.
(2)
(3) The proposal for decision shall be issued prepared by the
administrative law judge a person who conducted the hearing or who
has read the complete record. A proposal for decision and shall
contain findings of fact and conclusions of law, and including
an analysis or rationale for conclusions reached.
(3)
(4) A proposal for decision shall becomes a final
decision in the absence of the timely filing of exceptions or
review by an entity agency with final decision authority.
R 792.10134 Default judgments.
Rule 134. (1) If a party fails to attend or participate in a scheduled
proceeding after a properly served notice, the administrative law judge may
conduct the proceedings without participation of the absent party. If
a party fails to participate in a proceeding, Tthe
administrative law judge may issue a default order or other dispositive order which
shall state the grounds for the order.
(2) Within 7 days after service of a default order, the party against whom it was entered may file a written motion requesting the order be vacated. If the party demonstrates good cause for failing to attend a hearing or failing to comply with an order, the administrative law judge may reschedule, rehear, or otherwise reconsider the matter as required to serve the interests of justice and the orderly and prompt conduct of proceedings.
DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS
MICHIGAN OFFICE OF ADMINISTRATIVE HEARINGS AND RULES
TAX
TRIBUNAL RULES OF PRACTICE AND PROCEDURE
Filed
with the Secretary of State on
These rules become
effective immediately upon filing with the Secretary of State unless adopted
under section 33, 44, or 45a(6) of 1969 PA 306. Rules adopted under these
sections become effective 7 days after filing with the Secretary of State.
(By authority conferred on the Director of the Department of
Licensing and Regulatory Affairs under Executive Order 2011-4, MCL 445.2030,
and the Tribunal under MCL 205.732 and 205.749, as amended.)
R 792.10201, R 792.10203, R 792.10205, R 792.10207, R
792.10209, R 792.10211, R 792.10213, R 792.10215, R 792.10217, R 792.10219, R
792.10221, R 792.10223, R 792.10225, R 792.10227, R 792.10229, R 792.10231, R
792.10233, R 792.10237, R 792.10239, R 792.10243, R 792.10245, R 792.10247, R
792.10249, R 792.10251, R 792.10253, R 792.10255, R 792.10257, R 792.10259, R
792.10261, R 792.10263, R 792.10265, R 792.10267, R 792.10271, R 792.10273, R
792.10275, R 792.10277, R 792.10279, R 792.10281, R 792.10283, R 792.10285, R
792.10287, and R 792.10289 of the Michigan Administrative Code are amended and
R 792.10210, R 792.10291, R 792.10293, R 792.10295, and R 792.10297 are added
to the Michigan Administrative Code.
PART 2. TAX TRIBUNAL
SUBPART A. GENERAL PROVISIONS.
Rule 201. (1) The
rules in parts Parts 1 and 2 of these rules govern practice
and procedure in all contested cases before the tribunal. To the extent there
is a conflict between the rules in parts 1 and 2, the rules in part 2 shall
govern.
(2) The rules in
part 2 shall be are known and shall be referred to as the
“tax tribunal rules” and may be cited as “TTR.”
R 792.10203 Definitions.
Rule 203. As
used in these rulesthis part:
(a) “Tax
tribunal act” means 1973 PA 186, MCL 205.701 to 205.779.
(b) “Clerk”
means the chief clerk or a deputy clerk of the tribunal “Costs”
means costs incurred in litigating a contested case before the tribunal
including attorney fees. See R 792.10209.
(b) “Default hearing” means a hearing at which the defaulted party is precluded from presenting any testimony, offering any evidence, and examining the other party’s witnesses. See R 792.10231.
(c) “Entire tribunal” means the hearing division of the tribunal other than the small claims division.
(d) “Non-property
tax appeal” means any contested case, other than a property tax appeal, over
which the tribunal has jurisdiction MCL” means the Michigan Complied
Laws.
(e) “MCR” means the Michigan Court Rules of 1985.
(f) “Mediation” means a process in which a mediator facilitates communication between parties, assists in identifying issues, and helps explore solutions to promote a mutually acceptable settlement. See R 792.10291 to R 792.10297.
(g) “MRE” means the Michigan Rules of Evidence.
(h) “Personal identifying information” means date of birth, social security number or national identification number, driver’s license number or state-issued personal identification card number, passport number, and financial account numbers.
(i) “Pleading” means the petition and the answer. See R 792.10227, R 792.10229, R 792.10277, and R 792.10279.
(j)
“Property tax appeal” means any contested case relating to real and personal
property assessments, valuations, rates, special assessments, refunds,
allocation, or equalization, or any other contested case brought
before the tribunal under the state’s property tax laws, and special
assessments.
(k) “Rebuttal evidence” means evidence limited to refuting, contradicting, or explaining evidence submitted by an opposing party or parties.
(l) “Referee” means a contractual small claims hearing referee whose powers are limited to those provided by the tribunal.
(m) “Small claims division” means the residential property and small claims division created by section 61 of the tax tribunal act, MCL 205.761.
(n) “Tax tribunal act” means the tax tribunal act, 1973 PA 186, MCL 205.701 to 205.779.
(o) “Tribunal” means the Michigan tax tribunal.
(p) “Valuation disclosure” means documentary or other tangible evidence in a property tax contested case that a party relies upon in support of the party’s contention as to the true cash value of the subject property or any portion thereof and contains the party’s value conclusions and data, valuation methodology, analysis, or reasoning.
(q) The terms defined in and determined under the tax tribunal act and in the general property tax act, 1893 PA 206, MCL 211.1 to 211.155, have the same meanings when used in these rules.
R 792.10205
Payment of fees or charges; waiver of fees; refund of fees.
Rule 205. (1)
Tribunal fees or charges shall must be paid separately for each
contested case in cash or by check, money order, or other draft payable to the
order of “State of Michigan.” Payments shall must be mailed or
delivered to the clerk of the tribunal at the tribunal’s office.
Tribunal fees or charges may be paid separately for each proceeding by
credit card through the tribunal’s e-filing system when a petition or motion is
e-filed, if provided for by the tribunal.
(2) If a party shows by written request that they are receiving any form of means-tested public assistance, the payment of fees by that party is waived. For purposes of this subrule, “means-tested public assistance” includes any of the following:
(a) Food Assistance Program through this state.
(b) Medicaid.
(c) Financial Independence Program through this state.
(d) Women, Infants, and Children benefits.
(e) Supplemental Security Income through the federal government.
(f) Any other federal, state, or locally administered means-tested income or benefit.
(3) If a party shows by written request that they are represented by a legal services program that is a grantee of the federal Legal Services Corporation or the Michigan State Bar Foundation, or by a law school clinic that provides services based on indigence, the payment of fees by that party is waived.
(4) If a party shows by written request that they are unable because of indigence to pay fees, the payment of fees by that party is waived. For purposes of this subrule, “indigence” is defined as living in a household whose gross household income is under 125% of the federal poverty level.
(5) The tribunal shall promptly enter an order either granting or denying a request to waive fees indicating the reason for the granting or denying of the request. If the request is denied, the order must include a statement that the party shall, if they wish to preserve the filing date of a petition, pay the fees required for the filing of the petition within 21 days after the entry of the order or as otherwise ordered by the tribunal.
(6) The tribunal may, upon written request, refund fees paid to the tribunal that were not required to be paid when the petition or motion that is the subject of the request was filed.
(7) Requests to waive fees or refund fees must be submitted on a form made available by the tribunal or in a written form that is in substantial compliance with the tribunal’s form. There is no fee for the filing of either request.
R 792.10207 Records;
removal; public access; Signatures and electronic signatures.
Rule 207. (1) The
original paper record for each contested case, including all pleadings and
documents filed and exhibits offered in the contested case, shall not be taken
from a hearing room or the tribunal’s office except as authorized by the
tribunal If a document is required to be signed by these rules, the
document must be signed by the filing party or, if the party is represented by
an attorney or authorized representative, by the party or the party’s attorney
or authorized representative.
(2) The printed
copy of any pleading, motion, document, or exhibit submitted through the
tribunal’s e-filing system shall be a paper representation of that electronic
pleading, motion, document, or exhibit, and shall be included in the original
paper record for that contested case, in the order in which the
electronic pleading, motion, document, or exhibit was received through the
tribunal’s e-filing system, as provided in section 7 of 2000 PA 305, MCL
450.837 As used in these rules, “signed” means that a document contains
a written signature or electronic signature placed on or applied to the
document. For purposes of this subrule, an electronic signature includes
a typewritten signature or a graphic representation of a written signature.
(3) After the
time for appeal has expired, the clerk shall make a party’s paper exhibits
available for return to the party. If a paper exhibit is not claimed within 90
days after the paper exhibit is made available for return, then the clerk may
dispose of the paper exhibit at his or her discretion.
(4) Except
upon order of the tribunal for good cause shown or as otherwise provided by
law, all public records of the tribunal are available for inspection. Copies
may be obtained from the clerk upon payment of the charge provided in R
792.10217 and R 792.10267.
(5) Pleadings
and documents submitted through the tribunal’s e-filing system shall be
“signed” by typing “/s/ John Smith Attorney,” “/s/ John Smith Authorized
Representative,” or “/s/ John Smith,” if a party is appearing on his or her own
behalf on the signature line of the pleading or document, or by applying a
graphic representation of the signature to the pleading or document The
signature of a party, attorney, or authorized representative constitutes
certification by the signer that all of the following apply:
(a) The signer has read the document.
(b) That to the best of the signer’s knowledge, information, and belief formed after reasonable inquiry, the document is well grounded in fact and is warranted by existing law or a good-faith argument for the extension, modification, or reversal of existing law.
(c) The document is not interposed for any improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation.
R 792.10209 Costs.
Rule 209. (1) The tribunal may, upon motion or its own initiative, award costs in a contested case, as provided by section 52 of the tax tribunal act, MCL 205.752. For further information, see R 792.10203(a).
(2) If costs are
awarded, a bill of costs shall must be filed with the tribunal
and served on the opposing parties within 21 days of the entry of the
order awarding costs, unless otherwise provided as ordered by the
tribunal. A party may file a response objecting to the bill of costs or any
item in the bill within 14 days after service of the copy of the bill,
unless otherwise provided the time period ordered by the tribunal.
Failure to file an objection to the bill of costs within the applicable time
period constitutes a waiver of waives any right to object to the
bill.
(3) The bill of
costs shall must state separately each item claimed and the
amount claimed, and shall be verified by affidavit of the party or the
party’s attorney or authorized representative. The affidavit shall must
state that each item is correct and was necessarily incurred.
R 792.10211 Service of decisions, orders, and notices.
Rule 211. Service
of decisions, orders, and notices entered in a contested case shall
must be made on each party at that party’s last known mailing or e-mail
email address, unless an attorney or authorized representative is
appearing on behalf of that party. If an attorney or authorized representative
is appearing on behalf of that party, then service shall must be
made on the attorney or authorized representative at his or her their
last known mailing or e-mail email address, as provided in section
52 of the tax tribunal act, MCL 205.752. Service by mail or e-mail email
on an attorney or authorized representative shall constitute constitutes
service on his or her their office.
R 792.10213 Appeals.
Rule 213. An
appeal from a decision of the tribunal shall must be taken in
accordance with section 53 of the tax tribunal act, MCL 205.753. If an appeal
is taken to the court of appeals, then the appellant shall file a copy of the
claim of appeal or application for leave to appeal with the clerk of the tribunal
together with the appropriate filing fee, as provided in R 792.10217 and R
792.10267.
SUBPART B. MATTERS BEFORE ENTIRE
TRIBUNAL.
R 792.10215 Scope.
Rule 215. The
rules in subparts a A and B of this part in this
subpart govern practice and procedure in all contested cases pending in the
entire tribunal and shall be are known as the entire tribunal
rules. If an applicable entire tribunal rule does not exist, the 1995
Michigan rules of court, as amended, MCR 1.101 et seq and sections
71 to 87 and 121 to 128 of the administrative procedures act (apa)act,
MCL 24.271 to 24.287, and sections 121 to 128 of the apa, MCL 24.321
to 24.328, shall govern.
R 792.10217 Fees and charges.
Rule 217. The following fees Fees
shall must be paid to the clerk in all entire tribunal
proceedings upon for the filing of all petitions and motions in
each contested case. If a petition or motion is filed by mail, delivery, or
through the tribunal’s e-filing system, the fee must be paid upon filing. If a
motion is filed by email, the fee must be paid within 14
days after the date of the emailed filing. For
purposes of this rule, a motion includes a stipulation for entry of a consent
judgment.
The fees are, unless otherwise provided ordered
by the tribunal, as follows:
(a) The fee for filing property tax appeal petitions: Filing fee
(i) Allocation, apportionment, and equalization appeals contested
cases....$250.00.
(ii) Valuation appeals contested cases.
Value in contention Amount in dispute* Filing
fee**
$100,000 or less.............................................................................................$250.00.
$100,000.01 to $500,000................................................................................$400.00.
More than $500,000…..................................................................................$600.00.
*Value in contention “Amount in dispute” means is
the difference between the assessed value as established by the board of
review and the state equalized value contended by the petitioner or the
difference between the taxable value as established by the board of review and
the taxable value contended by the petitioner, whichever is greater.
**The filing fee for multiple,
contiguous parcels owned by the same person is the filing fee for the parcel
that has the largest value in contention amount in dispute, plus
$25.00 for each additional parcel, not to exceed a total filing fee of
$2,000.00. For purposes of this subrule,
the contiguous parcels must be located in a single assessing unit.
(b) The fee for filing a motion to amend a property tax appeal petition to add a subsequent year assessment is equal to 50% of the fee provided in subdivision (a)(ii) of this rule for the assessment to be added.
(c) The fee for filing a property tax appeal petition contesting a special assessment or a non-property tax appeal petition is $250.00.
(d) The fee for filing a property tax appeal petition contesting the classification of property is $150.00.
(e) The fee for filing a stipulation for entry of consent
judgment instead of a property tax appeal or non-property tax appeal petition
is $50.00.
(f) If a petition has been filed, the fee for filing a
stipulation for entry of consent judgment is $50.00.
(g)(e) The fee for filing a motion for immediate
consideration or a motion for summary disposition or partial summary
disposition is $100.00.
(h)(f) The fee for filing a motion to withdraw a
petition or motions requesting a telephonic, video conference, or in-person
prehearing conference or status conference or video conference or in-person
hearing for the moving party or parties is $0.00.
(i)(g) The fee for the filing of a
stipulation or motion by an attorney or authorized representative who has
entered an appearance in a proceeding to withdraw from or be substituted for in
that proceeding is $0.00.
(h) The fee for the filing of a stipulation agreeing to participate in mediation is $0.00.
(j)(i) The fee for the filing of all other
motions is $50.00.
(k)(j) The fee for the filing of multiple
motions in a single document is the largest fee that would have been be
charged if each motion had been is filed separately.
(l) The fee for the certification of the record on appeal to
the court of appeals is $100.00.
(m) The fee for copies of pleadings and other
documents is $ .50/page.
R 792.10219 Commencement of contested cases; motions to amend to add a subsequent tax year; election of small claims division and entire tribunal; other filings; notice of no action.
Rule 219. (1) A
contested case is commenced by mailing, or delivering, or
submitting through the tribunal’s e-filing system a petition to the
tribunal with the appropriate filing fee within the time periods period
prescribed by statute. A contested case may also be commenced with the
tribunal by electronic submission of a petition within the time periods
prescribed by statute, if provided for by the tribunal.
(2) A motion to
amend a property tax appeal petition to include an assessment in a subsequent
tax year is considered to be filed within the time periods period
prescribed by statute if it has been mailed, delivered, or submitted electronically
through the tribunal’s e-filing system to the tribunal with the
appropriate filing fee on or before the expiration of the applicable time
period, unless otherwise provided by the tribunal. See R
792.10221(3).
(3) A If
a petitioner, who files a defective petition and the tribunal is
unable to determine the division of the tribunal in which the petitioner
intended to file the contested case is being filed, the
petitioner will be is presumed to have elected to have the
matter heard in the small claims division. If a motion to transfer is filed
after the scheduling of the hearing and the motion is granted by the tribunal,
the petitioner moving party shall pay all entire tribunal
filing fees and any reasonable costs that the tribunal determines may
be incurred by the respondent opposing party or parties as a direct
result of the transfer, unless otherwise provided by the tribunal.
(4) Pleadings,
motions, and documents, and exhibits are considered filed upon
mailing or delivery, as provided by rule 2.107 of the Michigan court rules.
Pleadings, motions, and documents, and exhibits may also be
submitted through the tribunal’s e-filing system, if provided for by the
tribunal. Pleadings, motions, and documents, and exhibits
submitted through the tribunal’s e-filing system are considered filed upon
successful submission of the pleading, motion, and document, or
exhibit. Unsuccessful submissions through the tribunal’s e-filing system
due to a system-wide outage are considered timely if filed on the following
business day. Motions other than a motion to amend a property tax
appeal petition to include an assessment in a subsequent tax year, documents, and exhibits may be submitted by email
to the email address designated by the tribunal. Motions, documents, and
exhibits submitted by email to the email address designated by the tribunal are
considered filed when the email is received by the tribunal.
(5) Submissions
A submission by mail are is considered filed on the
date indicated by the U.S. United States Postal Service postal
service postmark on the envelope containing the submissions submission.
A submission without a postmark or with an illegible postmark is considered
filed on the date the submission is received by the tribunal. Submissions
A submission by commercial delivery service are is
considered filed on the date the submissions were submission is
given to the commercial service for delivery to the tribunal as indicated by
the receipt date on the package containing the submissions submission.
Submissions A submission by personal service are is
considered filed on the date the submissions were submission is
received. Submissions A submission through the tribunal’s
e-filing system by 11:59 p.m. on a business day are is considered
filed on that business day. A submission by email to the email address
designated by the tribunal by 11:59 p.m. on a business day is considered filed
on that business day. Submissions A submission on a Saturday,
a Sunday, or a holiday are is considered filed on the following
business day, as provided by section 35a of the tax tribunal act, MCL 205.735a.
(7) If a motion or document, other than a petition, is not accompanied by a required proof of service, the tribunal shall issue a notice of no action. If the required proof of service is filed within 14 days after the issuance of the notice of no action, action shall be taken on the motion or document based on the date the motion or document was originally submitted to the tribunal. If the required proof of service is not filed within 14 days after the issuance of the notice of no action, no action shall be taken on the motion or document.
(8) If a motion and brief or response and brief does not comply with the written motion practice requirements indicated in R 792.10225(5), the tribunal shall issue a notice of no action. If a notice of no action is issued because a motion and brief does not comply with the written motion practice requirements and a motion and brief complying with those requirements is not filed within 14 days after the issuance of the notice of no action, no action shall be taken on the motion. If a notice of no action is issued because a response and brief does not comply with the written motion practice requirements and a response and brief complying with those requirements is not filed within 14 days after the issuance of the notice of no action, action shall be taken on the motion based on the motion and brief only.
R 792.10221 Pleadings;
amended and supplemented Amended pleadings; content of
pleadings, motions, and documents; service of pleadings, motions, and documents.
Rule 221. (1) An
application for review or any other document initiating a contested case is
considered to be a petition. See also R 792.10227. A document raising an
affirmative defense or allegations in response to a petition is considered to
be an answer. The petition and answer are pleadings and no other pleadings
shall be allowed, except that an answer may be made to petitions filed by
parties who are later substituted for or joined in a contested case. With
the exception of amendments to petitions or answers that correct typographical
or transpositional errors, a A petition or answer may only be
amended or supplemented by leave of the tribunal only. With
the exception of amendments to include a prior or subsequent tax year
assessment in property tax appeal, leave Leave to amend or
supplement shall must, with the exception of motions to amend to include
a prior or subsequent tax year assessment in a property tax appeal, be
freely given when justice so requires. Amendments to include a prior or
subsequent tax assessment in a property tax appeal must be filed as
required by law. See section 35a of the tax tribunal act, MCL 205.735a,
and section 53a of the general property tax act, 1893 PA 206, MCL 211.53a.
(2) An amended petition or answer correcting only typographical or transpositional errors must be filed by the date established by the tribunal for the filing and exchange of prehearing statements with proof demonstrating the service of the amended petition or answer on the opposing parties. If the tribunal determines that an amendment addresses more than typographical or transpositional errors, the tribunal shall issue a notice of no action.
(3) A motion to amend to include a prior or subsequent tax assessment in a property tax appeal must be accompanied by an amended petition. The amended petition must address petitioner’s claim for the prior or subsequent tax assessment proposed for inclusion. See R 792.10227.
(2)(4) All pleadings and motions filed with the tribunal shall
must contain all of the following information:
(a) The caption “Michigan Tax Tribunal.”
(b) The title of the appeal.
(c) The docket number of the appeal after it is assigned by the tribunal.
(d) A designation showing the nature of the pleading or motion.
(3)(5)
All documents, other than pleadings and motions, shall must contain
both of the following:
(a) The docket number of the appeal after it is assigned by the tribunal.
(b) A designation showing the nature of the document.
(4)(6)
The Unless otherwise ordered by the tribunal, the petition shall
must note the docket number assigned by the tribunal and be served as
provided for in this rule within 45 days of after the issuance of
the notice of docket number, unless otherwise provided by the tribunal.
Failure to serve the petition with noted docket number within 45 days of the
issuance of the notice of docket number shall as required by this
subrule or a tribunal order may result in the dismissal of the contested
case, unless otherwise provided by the tribunal.
(5)(7)
The petition with noted docket number, if it is A petitioner filing
a property tax appeal petition other than a property tax petition contesting a
special assessment, shall be served by a petitioner, other than who
is not a unit of government, shall serve the petition with noted docket
number in the following manner:
(a) Mailed by certified mail or delivered by personal service to the following officials at their last known address:
(i) The certified assessor or board of assessors of the unit of government that established the assessment being appealed.
(ii) The city clerk, in the case of cities.
(iii) The township supervisor or clerk, in the case of townships.
(b) Mailed by first-class mail or delivered by personal service to the following officials at their last known address:
(i) The county equalization director for any county affected.
(ii) The county clerk for any county affected.
(iii) The secretary of the local school board.
(iv) The
treasurer of this statethe state of Michigan.
(6)(8)
The petition with noted docket number, if it is A petitioner
filing a property tax appeal petition other than a property tax appeal
petition contesting a special assessment, shall be served by a petitioner
that is who is a unit of government, shall serve the petition
with noted docket number by certified mail or by personal service on the
party or parties-in-interest with respect to the property or properties at
issue. The petition petitioner shall also serve the petition
with noted docket number be served by first-class mail or by
personal service on the following officials at their last known address:
(a) The county equalization director for any county affected.
(b) The county clerk for any county affected.
(c) The secretary of the local school board.
(d) The
treasurer of this statethe state of Michigan.
(7)(9)
The petition with noted docket number, if it is A petitioner
filing a property tax appeal petition contesting a special assessment,
shall be served serve the petition with noted docket number by
certified mail or by personal service on the clerk of the unit of
government, authority, or body levying the special assessment being appealed at
the clerk’s last known address.
(8)(10)
The petition with noted docket number, if it is A petitioner
filing a non-property tax appeal petition, shall be served serve
the petition with noted docket number by certified mail or by personal
service on either of the following officials at their last known address:
(a) The
treasurer of the state of Michiganthis state, if the tax was
levied by the department of treasury.
(b) The clerk of the local unit of government, if the tax was levied by the local unit of government.
(9)(11)
Proof of service shall must be submitted within 45 days of
after the issuance of the notice of docket number. The proof of
service must be signed and acknowledge establishing by either a written
acknowledgment the receipt of the petition with noted docket number
that is dated and also signed by the persons authorized under these
rules to receive it or by certification stating state the fact
manner of service. Failure to submit the proof of service may result
in the dismissal of the contested case. See R 792.10221(6).
(10)(12)
Answers, motions, and documents filed with the tribunal shall must
be served concurrently by first-class mail or personal service, as provided
in R 792.10211 and in rule 2.107 of the Michigan court rules on all
other parties of record unless an attorney or authorized representative has
filed an appearance on behalf of those parties and then service must be made on
the attorney or authorized representative. Answers, motions, and documents
filed with the tribunal may also be served electronically by email utilizing
the email addresses identified in the pleadings unless notification of a change
in an email address is submitted to the tribunal and all parties in advance of
the service, if provided for by the tribunal.
(11)(13)
Proof of service shall must be signed and submitted
with all answers, motions, and documents establishing by either through
a written acknowledgment receipt of the answer, motion, or document that is
dated and also signed by the person authorized under these rules to
receive it or by certification stating a written statement
indicating the facts manner of service. Failure to submit the
proof of service may result in the holding of a party or parties in default, as
provided by R 792.10231.
R 792.10223 Appearance and representation; adding and removing parties; amicus curiae.
Rule 223. (1) An attorney or authorized representative may appear on behalf of a party in a contested case by signing the petition or other document initiating the participation of that party in the contested case or by filing an appearance. The tribunal may require an attorney or authorized representative to provide a written statement of authorization signed by the party on whose behalf the attorney or authorized representative is appearing.
(2) If a
petition or other document initiating the participation of a party is signed by
an attorney or authorized representative, that petition or document shall
must state the name of the party on whose behalf the attorney or
authorized representative is appearing; the attorney or authorized
representative’s name; the name of their firm, if any; and the firm’s mailing
and e-mail email addresses and telephone number. If there is no
firm, the attorney or authorized representative shall state the attorney or
authorized representative’s mailing and e-mail email addresses
and telephone number. The attorney or authorized representative shall also
promptly inform the clerk
tribunal and all parties or their attorneys or authorized
representatives in writing of any change in that information.
(3) An
appearance filed by an attorney or authorized representative shall must
state the name of the party or parties on whose behalf the attorney
or authorized representative is appearing; the attorney or authorized
representative’s name; the name of their firm, if any; and the firm’s mailing
and e-mail email addresses and telephone number or, if there is
no firm, the attorney or authorized representative’s mailing and e-mail email
addresses and telephone number. The attorney or authorized representative shall
also promptly inform the
clerk tribunal and all parties or their attorneys or authorized
representatives in writing of any change in that information.
(4) An attorney
or authorized representative may withdraw from a contested case or be
substituted for by stipulation or order of the tribunal. The stipulation shall
must be signed by the party or parties, the party’s
attorney or authorized representative, and the new attorney or authorized
representative, if any. If the stipulation is signed by a new attorney or
authorized representative, the new attorney or authorized representative shall
also submit an appearance, as provided by this rule. If the stipulation is not
signed by a new attorney or authorized representative, the stipulation shall
must indicate the mailing and e-mail email addresses for
the service of notices, orders, and decisions and the telephone number for
contacting that party.
(5) In the
absence of an appearance by an attorney or authorized representative, a party
is considered to appear for themselves himself, herself, or itself.
If a party is appearing for themselves himself, herself, or itself,
that party shall promptly inform the
clerk tribunal and all parties or their attorneys or authorized
representatives in writing of any change in that party’s mailing and e-mail email
addresses and telephone number.
(6) Parties may
be added or dropped removed by order of the tribunal on its own
initiative or on motion of any interested person at any stage of the contested
case as justice requires and according to terms that are just.
(7) The tribunal may, upon motion, order a person or, upon motion or its own initiative, order a state or local governmental unit to appear as amicus curiae or in another capacity as the tribunal considers appropriate.
R 792.10225 Motions.
Rule 225. (1)
All requests to the tribunal requiring an order in a contested case, including
stipulated requests, shall must be made by written motion that
is signed and filed with the
clerk tribunal and accompanied by the appropriate fee, unless otherwise provided
ordered by the tribunal. Motions may be amended or supplemented by
leave of the tribunal only, and leave to amend or supplement shall be
freely given when as justice so requires. See R
792.10219(6) and (7).
(2) If the
motion is not accompanied by the appropriate fee or the tribunal is unable to
determine whether the appropriate fee was paid, the tribunal shall issue a
notice of no action. If the appropriate fee is paid within 21 days of the
issuance of the notice of no action or as otherwise provided by the tribunal,
action shall be taken on the motion. If the appropriate fee is not paid within
21 days of the issuance of the notice of no action or as otherwise provided by
the tribunal, the motion shall be re-filed with appropriate
filing fee.
(3)
Motions shall must be served concurrently on all other parties of
record unless an attorney or authorized representative has filed an appearance
on behalf of those parties and then service shall must be made on
the attorney or authorized representative and proof of service shall be
filed with the clerk. See R 792.1221(13).
(4)(3)
Written opposition responses to motions, other than motions
for which a motion for immediate consideration has been filed or motions for
reconsideration, shall must be signed and filed within 21
days after service of the motion, unless otherwise provided ordered
by the tribunal.
(5)(4)
Written opposition responses to motions, for which a motion
for immediate consideration has been filed, shall must be signed
and filed within 7 days after service of the motion for immediate
consideration, if the motion for immediate consideration includes a statement
verifying that the moving party filing the motion has notified has
spoken with all other parties of regarding the filing
of the motion for immediate consideration and indicating whether the those
parties will be filing a response to the motion or motions for which the motion
of immediate consideration was is being filed. If the motion for
immediate consideration does not include that statement, written opposition to
those motions shall must be filed within 21 days after service of
the motion for immediate consideration, unless otherwise provided ordered
by the tribunal.
(6)(5) Pleading on motions shall be Written
motion practice is limited to the motion and a brief in support of the
motion and a single response to the motion and a brief in support of the
response. Except as ordered by the tribunal, the combined length of any
motion and brief or response and brief may not exceed 20 pages doubled-spaced
with 1-inch margins and 12-point type, exclusive of attachments and exhibits.
Case quotes and footnotes in a brief may be single-spaced. A brief in
support of a motion or response, if any, shall must be filed
concurrently with the motion or response.
R 792.10227 Petitions.
Rule 227. (1) A
petition shall must be signed and contain a clear and concise
statement of facts, without repetition, upon which the petitioner relies in
making its claim for relief. The statement shall must be made in
separately designated paragraphs. The contents of each paragraph shall must
be limited, as far as practicable, to a statement of a single fact. Each
claim shall must be stated separately when separation facilitates
the clear presentation of the matters set forth. See R 792.10221.
(2) A petition shall
may not cover more than 1 assessed parcel of real or personal
property, except as follows:
(a) A single petition involving real property may cover more than 1 assessed parcel of real property if the real property is contiguous and within a single assessing unit.
(b) A single petition involving personal property may cover more than 1 assessed parcel of personal property located on the same real property parcel within a single assessing unit.
(c) A single
petition involving personal property may cover personal property located on
different real property parcels if the personal property is assessed as
1 assessment assessed parcel of personal property and is located
within a single assessing unit.
(d) A single
petition may include both real and personal property, if the personal property
is located on the real property parcel or parcels at issue within a
single assessing unit.
(3) Each
petition shall must contain all of the following information:
(a) The
petitioner’s name,;legal residence or, in the case of a
corporation, its principal office or place of business,; mailing
address, if different than the address for the legal residence or principal
place of business,; e-mail email address,;
and telephone number.
(b) The name of the opposing party or parties.
(c) A
description of the matter in controversy, including the type of tax, the year
or years involved, and, in a property tax appeal, all of the
following information, if applicable:
(i) The parcel numbers of the properties being appealed; the properties’ addresses; the county in which the properties are located; whether the properties are contiguous; and, for each personal property parcel being appealed, the parcel number of the real property on which that personal property is located and whether the personal property statement was filed and, if so, when the statement was filed.
(ii) The present use of the property, the use for which the property was designed, and the classification of property.
(ii)(iii)
Whether the matter involves any of the following:
(A) True cash value.
(B) Taxable value.
(C) Uniformity.
(D) Exemption.
(E) Classification.
(F) A combination of the areas specified in subparagraphs (A) to (E) of this paragraph.
(G) Special assessment.
(H) Non-property taxes, interest, and penalties.
(iii)(iv)
For multifamily residential property, whether the property is subject to
governmental regulatory agreements and a subsidy and the type of subsidy
involved.
(d) A statement
of the amount or amounts in dispute, which shall include including
the following, as applicable:
(i) In
taxable value contested cases, a A statement indicating whether
there is a dispute relative to the value of an addition or a loss in
contested cases involving a dispute as to a property’s taxable value.
(ii) In
non-property tax appeals, a A statement of the portion of the tax
admitted to be correct, if any, in non-property tax contested cases
and a copy of the assessment or other final notice being appealed attached to
the petition.
(e)(iii) In true cash
value, taxable value, uniformity, exemption, classification, or special
assessment contested cases, a A statement as to whether the matter
in controversy has been protested and, if applicable, the date of the
protest in true cash value, taxable value, uniformity, exemption,
classification, or special assessment contested cases and, if
applicable, the date of receipt of the disputed tax bill.
(f) A clear
and concise statement of the facts upon which the petitioner relies, except for
facts that the opposing party has the burden of proving.
(g)(e)
The relief sought.
(h) The
signature of the petitioner or petitioner’s attorney or authorized
representative.
(4) In
equalization, allocation, and apportionment contested cases, the The
petition shall must be sworn to and be in compliance comply
with applicable statutes in equalization, allocation, and apportionment
contested cases.
R 792.10229 Answers.
Rule 229. (1)
The respondent shall have file an answer or responsive motion within
28 days from after the date of service of the petition to file
an answer or responsive motion with noted docket number. Failure to
file an answer or responsive motion within 28 days may result in the holding of
the respondent in default and may, if the respondent fails to timely cure
the default, result in the conducting of a default hearing, as
provided in R 792.10231.
(2) The answer shall
must be written to fully signed and advise the petitioner
and the tribunal of the nature of the defense defenses. The answer must
also and shall contain a specific admission or denial of each
material allegation in the petition. If the respondent is without knowledge or
information sufficient to form a belief as to the truth of an allegation, then
the answer shall must so state and the statement shall have has
the effect of a denial. If the respondent intends to qualify or deny only a
part of an allegation, then the answer shall must specify so much
of the allegation as is true and shall qualify or deny only the
remainder. In addition, the answer shall must contain a clear and
concise statement of every ground on which the respondent relies and has the
burden of proof. Paragraphs of the answer shall must be
designated to correspond to paragraphs of the petition to which they relate.
(3) An answer
may assert as many defenses as the respondent may have against the claims
raised by the a petitioner. A defense is not waived by being joined
with 1 or more other defenses. All defenses not asserted in either the answer
or by appropriate motion are waived, except for either of the following
defenses:
(a) Lack of jurisdiction.
(b) Failure to state a claim upon which relief may be granted.
(4) In a For
special assessment contested case cases, the answer shall must
specify the statutory authority under which the special assessment district
was created and a copy of the resolution confirming the special assessment
roll must be submitted concurrently with the answer.
(5) For non-property tax contested cases, a copy of the final assessment or order being appealed must be submitted concurrently with the answer.
(6) For contested tax bill contested cases, the answer must specify the date the contested tax bill was mailed.
R 792.10231
Defaults; “default hearing” defined; dismissals failure to appear;
withdrawals;
transfers.
Rule 231. (1) If
a party has failed to plead, appear, or otherwise proceed as provided by
these rules or the a tribunal order, the tribunal may,
upon motion or its own initiative, hold that party in default. A party held in
default shall cure the default as provided by the order holding the party in
default and, if required, file a motion to set aside the default accompanied
by the appropriate fee within 14 days of the entry of the order holding the
party in default or as otherwise provided by the tribunal. Failure to cure
the comply with an order of default may result in the dismissal of
the contested case or may result in the conducting of a default hearing
as provided in this rule.
(2) For
purposes of this rule, “default hearing” means a hearing at which the defaulted
party is precluded from presenting any testimony, submitting any evidence, and
examining the other party’s witnesses If a petitioner fails to appear
for a scheduled proceeding other than a prehearing conference or a non-property
tax scheduling conference, after a properly served notice of the proceeding,
the tribunal shall issue an order holding the petitioner in default and, if the
default is not timely cured, may dismiss the contested case. If a petitioner
fails to appear for a scheduled prehearing conference or scheduled non-property
tax scheduling conference, after a properly served notice of the conference,
the tribunal may conduct the conference without the participation of the
petitioner or issue an order holding the petitioner in default and, if the
default is not timely cured, may dismiss the contested case.
(3) If the respondent fails to appear for a scheduled proceeding other than a prehearing conference or non-property tax scheduling conference, after a properly served notice of the proceeding, the tribunal shall issue an order holding the respondent in default and, if the default is not timely cured, may conduct a default hearing. If the respondent fails to appear for a scheduled prehearing conference or scheduled non-property tax scheduling conference, after a properly served notice of the conference, the tribunal may conduct the conference without the participation of the respondent or issue an order holding the respondent in default and, if the default is not timely cured, may conduct a default hearing.
(3)(4)
A petition may be withdrawn upon a motion filed by the petitioner
before the answer or first responsive motion has been filed with the tribunal.
Once the answer or first responsive motion has been filed, a petition may be
withdrawn upon motion filed by petitioner only if the other party or parties
do not object to the withdrawal for substantive reasons. For purposes
of this subrule, a request for costs is not a substantive reason.
(4) Failure
of a party to properly prosecute the contested case, comply with these rules,
or comply with an order of the tribunal is cause for dismissal of the contested
case or the conducting of a default hearing for respondent. Upon motion made
within 21 days of the entry of the order, an order of dismissal may be set
aside by the tribunal for reasons it considers sufficient. See R 792.10225.
(5) By
stipulation of the parties or by a petitioner’s motion and notice to the
respondent, the The tribunal may, upon motion, transfer a matter
contested case pending in the entire tribunal to the small claims
division by order.
R 792.10233 Applicability of prehearing and discovery procedures to equalization,
allocation, and apportionment contested cases.
Rule 233. For
equalization, allocation, and apportionment contested cases, the The
prehearing and discovery procedures fixed by R 792.10237 to R 792.10247 do not
apply to equalization, allocation, and apportionment contested cases,
unless otherwise provided ordered by the tribunal.
R 792.10237 Valuation disclosure; witness list.
Rule 237. (1) For
purposes of this rule and R 792.10255, “valuation disclosure” means documentary
or other tangible evidence in a property tax contested case that a party relies
upon in support of the party’s contention as to the true cash value of the
subject property or any portion thereof and contains the party’s value
conclusions and data, valuation methodology, analysis, or reasoning.
(2) A party’s
valuation disclosure in a property tax contested case shall must be
filed with submitted to the tribunal and exchanged with the
opposing party parties as provided ordered by the
tribunal. However, a party may, if the party has reason to believe that the
opposing party parties may not exchange a valuation disclosure as
provided ordered by the tribunal, submit a valuation disclosure
to the tribunal together with a motion and appropriate filing fee requesting
the tribunal’s leave to withhold the valuation disclosure until the all
opposing party parties submit their exchanges a valuation disclosure
disclosures to with that party.
(3)(2)
A party shall submit to the tribunal and the other party or opposing
parties a prehearing statement, as required by R 792.10247. The prehearing
statement shall must provide the other party or opposing
parties and the tribunal with the name and address of any person who may
testify at hearing and with a general summary of the subject area
of the their testimony. A person who is not disclosed as a
witness shall is not be permitted to give testimony testify,
unless, for good cause shown, the tribunal permits the testimony to be
taken for good cause shown.
R 792.10239 Interrogatories to parties.
Rule 239. (1) A party to a contested case may serve upon all adverse parties written interrogatories to be answered by the party to whom the interrogatories are directed.
(2)
Interrogatories shall must be answered separately and fully in
writing under oath. If an interrogatory is objected to, the reasons for
objection shall must be stated in place of an answer. The answers
shall must be signed by the person making them and shall contain
information that is available to the party served or that could be obtained by
the party from its employees, agents, representatives, or persons who may
testify on the party’s behalf. The party to whom the interrogatories are
directed shall serve a copy of the answers on the party or the party’s attorney
or authorized representative submitting the interrogatories and on all other
parties or their attorneys or authorized representatives within 28 days after
service of the interrogatories.
(3) If any of the interrogatories have not been answered within the time specified under subrule (2) of this rule, then the tribunal, on motion and for good cause shown, may issue an order compelling a response.
(4) To the extent that answers are admissible as evidence before the tribunal, answers to interrogatories may be used against the party making them, and an adverse party may introduce an answer that has not been previously offered in evidence by a party.
(5) A person who answers interrogatories is not the witness of the party who submits the interrogatories.
(6) By tribunal order, interrogatories may be limited, as justice requires, to protect the answering party from annoyance, expense, embarrassment, oppression, or violation of a privilege.
(7) A party who
has given a response that was complete when made is not under a duty to
supplement the response to include information thereafter acquired, unless provided
ordered by the tribunal, except as follows:
(a) To supplement the response with respect to any question directly addressed to the identity and location of persons having knowledge of discoverable matters, or the identity of each person expected to be called as a witness at the hearing, the subject matter on which the witness is expected to testify, and the substance of the witness’s testimony.
(b) To amend a prior response that the party knows was incorrect when made based on information obtained by the party, or to amend a prior response that was correct when made, but that is no longer true and failing to amend the response is, in substance, a knowing concealment.
R 792.10243 Requests for production of documents and tangible things for inspection,
copying, or photographing; inspection of property.
Rule 243. (1) A
party to a contested case may serve upon another party a request to produce or
permit the inspection and copying or photographing, by or on behalf of the
requesting party, of any designated documents, papers, books, records,
accounts, letters, photographs, objects, or tangible things, which are not
privileged, which come within the scope of discovery permitted by rule MCR
2.302(B) of the Michigan court rules, and
which are in the party’s possession, custody, or control.
(2) A party to a contested case may serve upon another party a request to permit entry and inspection of the property under appeal by or on behalf of the requesting party.
(3) A party upon
whom a request is served under subrule (1) or (2) of this rule shall serve a
copy of the response to the request on the party or party’s attorney or
authorized representative submitting the request and on all other parties
within 28 days of after service of the request.
(4) If a party upon whom a request is served under subrule (1) or (2) of this rule does not comply with the request, then the tribunal may, upon motion or its own initiative, order the party to do either of the following:
(a) Produce or
permit the inspection and copying or photographing, by or on behalf of the
requesting party, of any designated documents, papers, books, records,
accounts, letters, photographs, objects, or tangible things, which are not
privileged and come within the scope of discovery permitted by rule MCR
2.302(B) of the Michigan court rules, and which are in the party’s
possession, custody, or control.
(b) Permit entry and inspection of the property under appeal.
(5) The order may specify the time, place, and manner of making the production or permitting the inspection and copying or photographing of any designated documents, papers, books, records, accounts, letters, photographs, objects, or tangible things or entry and inspection of the property under appeal. The order may prescribe other terms and conditions as are just.
(6) The
tribunal may order a person who has been served with a subpoena duces tecum
under R 792.10253 to produce or permit the inspection and copying or
photographing of designated documents or other tangible things relevant to the
subject matter of the pending contested case and within the scope of discovery.
(7) If
the party or person claims that the item is not in his, her, or its their
possession or control or that he, she, or it does they do not
have information calculated to lead to discovery of the item’s whereabouts,
then he, she, or it they may be ordered to submit to examination
before a the tribunal member or to other means of
discovery regarding the claim.
R 792.10245 Consequences of refusal to make discovery.
Rule 245. If a party refuses to
comply with an order issued under R 792.10239(3) or R 792.10243(4), then the
tribunal may, upon motion, hold that party in default or issue other
orders in regard to the refusal as justice requires or as provided in R
792.10231.
R 792.10247 Prehearing
conference; joint hearing and consolidation.
Rule 247. (1)
Except as provided by R 792.10233 or as otherwise provided ordered
by the tribunal, a prehearing conference shall must be held in
all contested cases before pending in the entire tribunal for
scheduling a hearing in the contested case.
(2) Not less
than 14 days before the prehearing conference or as otherwise provided by the
tribunal, each Each party shall submit file and exchange a
prehearing statement in a form determined as ordered by the
tribunal. The prehearing statement must be signed, and on a form made
available by the tribunal or in a written form that is in substantial
compliance with the tribunal’s form.
(3) The purposes of the prehearing conference are as follows:
(a) To specify, in a property tax appeal, the present use of the property, the use for which the property was designed, and the classification of the property.
(b) To specify all sums in controversy and the particular issues to which they relate.
(c) To specify the factual and legal issues to be litigated.
(d) To consider the formal amendment of all petitions and answers or their amendment by prehearing order, and, if desirable or necessary, to order that the amendments be made.
(e) To consider the consolidation of petitions for hearing, the separation of issues, and the order in which issues are to be heard.
(f) To consider all other matters that may aid in the disposition of the contested case.
(4) The
administrative law judge who conducts the prehearing conference shall prepare,
and cause to be served upon the parties or their attorneys or authorized
representatives, not less than 14 days in advance of hearing, an order
summarizing the results of the conference specifically covering each of the
items stated in this rule and R 792.10114. The summary of results order
controls the subsequent course of the contested case unless modified at or
before the hearing by the tribunal to prevent manifest injustice.
(5) When a
contested case is ready for a prehearing as determined by the
tribunal conference, the clerk shall tribunal shall schedule
the contested case for a prehearing conference at a date and time
and place to be designated by the tribunal or shall place the
contested case on a prehearing general call.
(6) Notice If
a prehearing conference is scheduled, notice of the date, and
time of the prehearing conference and place the manner for the
conducting of the prehearing conference, including, but not limited to,
shall by telephone, by video conference, or in-person, shall
must be provided to the parties not less than 28 days before the date of
the prehearing conference, unless otherwise provided ordered by
the tribunal.
(7) The clerk
shall send If a contested case is placed on a prehearing general call,
notice of the prehearing general call and scheduling order shall must
be provided to all the parties whose case is placed on the
prehearing general call not less than 28 days before the commencement of
the prehearing general call, unless otherwise ordered by the tribunal. The
notice shall must set forth the time period in which the
prehearing conference will be held and the dates for the filing and exchange
submission of valuation disclosures, prehearing statements, and the
closure of discovery.
(8) If a
party fails to comply with the order scheduling the prehearing conference or a
prehearing general call order, the prehearing conference must commence as a
show cause hearing to provide the party with an opportunity to justify their
failure to comply with the order The tribunal may direct the parties or
the parties’ attorney or authorized representative to furnish it with a
prehearing brief as to the legal issues involved in the proceeding and
designate the manner and time for filing and serving of the briefs.
(9) Failure
to appear at a duly scheduled prehearing conference may result in the dismissal
of the contested case or the scheduling of a default hearing as provided in R
792.10231(4).
(10)
Discovery shall not be conducted after completion of the prehearing conference,
unless otherwise provided by the tribunal.
R 792.10249 Stipulations.
Rule 249. (1) A consent judgment may be entered upon submission of a stipulation with appropriate fee, if the stipulation meets all of the following:
(a) It was filed after the filing of a petition and answer.
(b) It is
signed by all parties or their attorneys or authorized representatives and
the stipulation.
(c) It addresses issues over which the tribunal’s authority is properly invoked.
(d)
It is found to be acceptable to the tribunal. The stipulation shall
must be on a form made available by the tribunal or shall be in a
written form that is in substantial compliance with the tribunal’s form.
(2) If a party submits a stipulation by email, the party shall pay the fee required for the filing of the stipulation within 14 days after the date the stipulation was emailed. If a party submits the stipulation at the hearing and the hearing is conducted at a site other than the tribunal’s office, the party shall pay the fee required for the filing of the stipulation within 14 days after the hearing date. If the hearing is conducted at the tribunal’s office, the party shall pay the required filing fee upon submission of the stipulation. Failure to pay the required filing fee may result in the issuance of a notice of no action, an order holding the party in default, or the denial of the stipulation.
R 792.10251 Hearings.
Rule 251. (1)
When a contested case is ready for hearing, the clerk shall schedule the
matter for tribunal shall issue a notice of hearing. The
notice of hearing must indicate the date, time, and video link for the
conducting of a hearing by video conference or the date, time, and place
location of the hearing for the conducting of a hearing in-person, as to
be designated by the tribunal. The clerk shall tribunal shall send
the notice of the time, date, and place hearing will be sent to
the all parties or their attorneys or authorized representatives
not less than 28 days before the date of the hearing, unless otherwise provided
ordered by the tribunal.
(2) The tribunal may, on motion or its own initiative, adjourn a hearing.
R 792.10253 Subpoenas.
Rule 253. (1) On
written request of signed by a party to a contested case, the
tribunal, through the clerk, shall, as provided by section 36 of the tax
tribunal act, MCL 205.736, issue subpoenas for the attendance and testimony of
witnesses and, if appropriate, the production of evidence at hearing or
deposition, including, but not limited to, books, records, correspondence, and
documents in their possession or under their control.
(2) A party may
serve a subpoena by mailing mail or personal delivery
as provided by rule 2.105 of the Michigan court rules. However, a A
party may not serve a subpoena less than 3 business days before a scheduled
hearing or deposition, unless otherwise provided ordered
by the tribunal.
(3) Proceedings to enforce a subpoena may be commenced in the circuit court for the county in which the hearing is held. For purposes of this subrule, a video-conference hearing is considered to be held in Ingham County.
R 792.10255 Conduct of hearings.
Rule 255. (1)
All hearings before the entire tribunal shall must be recorded
either electronically or stenographically, or both, in the discretion of the tribunal.
(2) Without
leave of the tribunal, a witness may not testify as to the value of property
without submission of a valuation disclosure signed by that witness and
containing that witness’ value conclusions and the basis for those conclusions.
This requirement does not preclude an expert witness from rebutting another
party’s valuation evidence. The expert witness may not, however, testify
as to the value of the property at issue unless the expert witness submitted a
valuation disclosure signed by that expert witness.
(3) If a witness
is not testifying as to the value of property or as an expert witness, then their
his or her testimony in the form of opinions or inferences shall be
is limited to opinions or inferences that are rationally based on the
perception of the witness and that are helpful to a clear understanding of their
his or her testimony or the determination of a fact in issue, as
provided in rule MRE 701 of the Michigan rules of evidence.
R 792.10257 Rehearings or reconsideration.
Rule 257. (1)
The tribunal may order a rehearing or reconsideration of any decision or order
upon its own initiative or the motion of any party filed within
21 days of after the entry of the decision or order sought to be
reheard or reconsidered.
(2) No response
to the motion may be filed and there is no oral argument, unless otherwise provided
ordered by the tribunal.
R 792.10259 Witness fees.
Rule 259. A
witness who is summoned to a hearing, or whose deposition is taken, shall
receive the same fees and mileage as witnesses in the state’s circuit
courts of the state. A witness shall not be required to testify until
the fees and mileage provided for have been tendered to them him or
her by the party at whose instance they were he or she has been subpoenaed.
SUBPART C. MATTERS BEFORE SMALL CLAIMS DIVISION
R 792.10261 Scope.
Rule 261. The
rules in subparts A and C of this subpart govern practice
and procedure in all contested cases pending in the small claims division and shall
be are known as the small claims rules. If an applicable small
claims rule does not exist, then the entire tribunal rules govern, except for
rules that pertain to discovery, which, in the small claims division, is by
leave of the tribunal only.
R 792.10263 Jurisdiction.
Rule 263. (1) A property
tax appeal petition contesting contested case disputing a property’s
state equalized or taxable value may be heard in the small claims division if
any 1 of the following properties is exclusively involved:
(a) Real property classified as residential real property under section 34c of the general property tax act, 1893 PA 206, MCL 211.34c.
(b) Real
property that has a principal residence exemption, as provided in exempt
under section 7cc of the general property tax act, 1893 PA 206, MCL
211.7cc.
(c) Real property classified as agricultural real property under section 34c of the general property tax act, 1893 PA 206, MCL 211.34c.
(d) Real property with less than 4 rental units.
(e) Any other property where the value in contention is not more than the amount provided by section 62 of the tax tribunal act, MCL 205.762.
(2) A contested
case disputing a non-property tax appeal
petition matter may be heard in
the small claims division if the amount of tax in dispute is not more than the
amount provided by section 62 of the tax tribunal act, MCL 205.762, exclusive
of interest and penalty charges.
(3) A property
tax appeal petition contesting contested case disputing a special
assessment may be heard in the small claims division if the amount of the
special assessment in dispute is not more than the amount provided by section
62 of the tax tribunal act, MCL 205.762.
R 792.10265 Records.
Rule 265. (1) A
formal transcript shall may not be taken for any contested
case hearing conducted in the small claims division, unless
otherwise provided by the tribunal.
(2) An informal
transcript of a contested case hearing conducted in the small
claims division is not a record of the proceeding hearing, unless
otherwise provided ordered by the tribunal.
R 792.10267 Fees.
Rule 267. (1) There is no fee for the filing of a property tax
appeal petition, a or motion, or a stipulation for entry of
consent judgment in a small claims division proceeding contesting contested
case disputing a property’s state equalized or taxable value or
exemption from ad valorem taxation, if the property has, at the time of the
filing of the petition, a principal residence exemption of at least 50% for all
tax years at issue.
(2) There is no fee for the filing of a property tax appeal
petition, a or motion, or a stipulation for entry of consent
judgment, in a small claims division proceeding contesting contested
case disputing the denial of a poverty exemption or disabled veterans
exemption only.
(3) For all other small claims appeals contested cases,
the following fees shall must be paid to the clerk upon tribunal
for the filing of all petitions and motions in each contested case. If
a petition or motion is filed by mail, delivery, or through the tribunal’s
e-filing system, the fee must be paid upon filing. If a motion is filed by
email, the fee must be paid within 14 days after the date of the emailed
filing. For purposes of this rule, a motion includes
a stipulation for entry of a consent judgment.
The fees are, unless otherwise ordered by the tribunal, as follows:
(a) The fee for filing a property tax appeal petition contesting
a property’s state equalized or taxable value or exemption from ad valorem
taxation for property classified defined as residential real
property under section 762 of the tax tribunal act, MCL 205.762, is
50% of the filing fee provided in R 792.10217(a). If the petition contains
multiple, contiguous parcels of property owned by the same person, there shall
be is an additional $25.00 fee for each additional parcel, not to
exceed a total filing fee of $1,000.00. For purposes of this subdivision,
the contiguous parcels must be located in a single assessing unit.
(b) The fee for filing a property tax appeal petition
contesting a property’s state equalized or taxable value or exemption from
ad valorem taxation for property that is not classified defined
as residential real property under section 762 of the tax tribunal
act, MCL
205.762, is the fee provided in R 792.10217(a).
(c) The fee for filing a property tax appeal petition contesting the denial of a principal residence or qualified agricultural exemption is $25.00.
(d) The fee for filing a property tax appeal petition contesting a special assessment or a non-property tax appeal petition is $100.00.
(e) The fee for filing a property tax appeal petition contesting the classification of property is $75.00.
(f) The fee for filing a stipulation for entry of consent
judgment instead of a property tax appeal or non-property tax appeal petition
is $25.00.
(g) If a petition has been filed, the fee for filing a
stipulation for entry of consent judgment is $25.00.
(h) The fee for filing a motion for immediate consideration or a
motion for summary disposition or partial summary disposition is $50.00.
(i)(g) The fee for filing a motion to withdraw a
petition or a motion to have the hearing conducted on the file, by
telephone, by video conference, or in-person for the moving party is $0.00.
See R 792.10275.
(j)(h) The fee for the filing of a stipulation or
motion by an attorney or authorized representative who has entered an
appearance in a proceeding to withdraw from or be substituted for in that
proceeding is $0.00.
(i) The fee for the filing of a stipulation agreeing to participate in mediation is $0.00.
(j) The fee for the filing of all other motions is $25.00.
(k) The fee for the filing of multiple motions in a single
document is the largest fee that would have been be charged if
each motion had been is filed separately.
(4) The fee for the certification of the record on appeal to
the court of appeals is $100.00.
(5) The fee for copies of
pleadings and other documents is $ .50/page.
R 792.10271 Protest
to local board of review; subsequent year Subsequent tax year
assessments.
Rule 271. (1)
For an assessment dispute as to the valuation or exemption of property
classified as commercial personal property, industrial personal property, or
utility personal property, the property’s assessment shall be protested to the
local board of review unless the statement of assessable personal property is
filed, as required by section 19 of the general property tax act, 893 PA 206,
MCL 211.19, prior to the commencement of the board of review, as provided by
section 35a of the tax tribunal act, MCL 205.735a.
(2) For an assessment dispute as to the valuation or
exemption of property classified as agricultural real or personal, residential,
real or timber-cutover real, the property’s assessment shall be protested to
the local board of review, unless otherwise excused by law.
(3) The appeal for each subsequent year for which an assessment
has been established is added automatically to the petition for an assessment
dispute as to the valuation or exemption of property at the time of hearing.
For purposes of this subrule, an a subsequent tax year assessment
has been established once the board of review has conducted its statutorily
required March board of review meeting is established by April 1 of that
tax year.
(4) The tribunal may, on request and for good cause shown,
exclude subsequent years from consideration at the time of hearing, if the
subsequent years can be handled more expeditiously in a subsequent contested
case.
R 792.10273 Transfers.
Rule 273. (1) A
party may, by motion filed with the tribunal and served on notice
to the opposing party or parties, request a transfer of the
contested case from the small claims division to the entire tribunal.
(2) If the
motion is filed with the tribunal after the notice of hearing in the contested
case has been issued by the tribunal, the parties shall appear at the hearing
and be prepared to conduct the hearing, unless otherwise provided ordered
by the tribunal.
(3) If the
request is granted, the moving party shall pay all entire tribunal
filing fees and any reasonable costs that the tribunal determines may be
incurred by the opposing party or parties as a direct result of the
transfer, unless otherwise provided by the tribunal.
(4) With the permission of the petitioner, the tribunal may refer a contested case properly pending in the small claims division to the entire tribunal.
R 792.10275 Appearance and representation.
Rule 275. (1) Petitioner’s
failure to appear or be represented at a scheduled hearing may result in a
dismissal of the contested case.
(2) The
tribunal may, upon request of a party motion filed with the
tribunal and served on the opposing parties not less than 28 days
before the hearing scheduled in that a contested case, conduct a
the hearing in the absence of a on the file for the moving
party. If a hearing is conducted with a party being absent the motion
is granted, then the tribunal shall render a decision based on the
testimony provided by the opposing party or parties at the hearing,
if any, and all pleadings and written evidence properly submitted by all
parties not less than 21 days before the date of the scheduled hearing or as
otherwise provided ordered by the tribunal. under See
R 792.10287(1).
(2) The tribunal may, upon motion filed with the tribunal and served on the opposing parties not less than 28 days before the hearing scheduled in a contested case, conduct a hearing by telephone, by video conference, or in-person for the moving party.
R 792.10277 Commencement of proceedings.
Rule 277. (1)
The petition shall must be on a form made available by the
tribunal or shall be in a written form that is in substantial compliance
with the tribunal’s form.
(2) The petition
shall must be signed and set forth the a clear and
concise statement of facts upon which the petitioner relies in making
petitioner’s claim for relief.
(3) For property
tax contested cases, a copy of the notice or action taken by the local board
of review giving rise to the appeal, including, but not limited to, notice
of board of review action, notice of taxable value uncapping, or notice denying
a principal residence exemption, shall must be attached submitted
with the petition. For special assessment proceedings, a copy of the
resolution confirming the special assessment roll shall be attached. For
non-property tax proceedings contested cases, a copy of the final
assessment notice or other order being appealed shall must be attached
submitted with the petition.
(4) Any
evidence attached to or submitted with a petition shall be served on the
opposing party or parties or their attorney or authorized representative, as
required by R 792.10287(1). Evidence not served on the opposing party or
parties or their attorney or authorized representative may be excluded, as
provided by R 792.10287(1).
R 792.10279 Answers.
Rule 279. (1) An
answer to a petition shall must be filed with the tribunal and
served on the opposing party or parties within 28 days after the tribunal
serves the notice of docket number on the respondent. Failure to file and
serve the answer as required by this rule may result in the holding of
respondent in default, as provided by R 792.10231.
(2) The answer shall
must be on a form made available by the tribunal or shall be in the
form of a written response that is in substantial compliance with the
tribunal’s form.
(3) The answer shall
must be signed and set forth the a clear and concise statement
of facts upon which the respondent relies in defense of the matter.
(4) For property
tax contested cases, a copy of the notice or action taken by the local board of
review for the assessments being appealed shall be attached. For special
assessment contested cases, the answer shall must specify the
statutory authority under which the special assessment district was created and
a copy of the resolution confirming the special assessment roll shallmust
be attached submitted with the answer. For non-property tax
contested cases, a copy of the final notice of assessment or other order being
appealed shall be attached.
(5) Any
evidence attached to or submitted with the answer must be served on the
opposing party or parties or their attorney or authorized representative, as
provided by R 792.10287(1). Evidence not served on the opposing party or
parties or their attorney or authorized representative may be excluded, as
provided by R 792.10287(1).
(6) Service
of the answer and any evidence filed with the answer shall be made on the
opposing party or parties unless an attorney or authorized representative has
entered an appearance in the proceeding on behalf of that opposing party or
parties and then service shall be made on the attorney or authorized
representative.
(7) The party
who files the answer shall also file with the tribunal a statement attesting to
the service of the answer on the opposing party or parties or their attorney or
authorized representative. The statement shall specify who was served with the
answer and the date and method by which the answer was served. Failure to make
proof of service does not affect the validity of the service The tribunal
shall issue a notice to all parties upon the filing of the answer indicating
that the answer is filed and that the contested case is ready for the
scheduling of a hearing.
R 792.10281 Stipulations.
Rule 281. (1) A consent judgment may be entered upon submission of a stipulation with appropriate fee, if the stipulation meets all of the following:
(a) Has been filed after the filing of a petition and answer.
(b) is Is signed by all
parties or their attorneys or authorized representatives. and the
stipulation
(c) Addresses issues over which the tribunal’s authority has been or may be properly invoked.
(d) is Is found to be
acceptable to the tribunal. The stipulation shall must be on a
form made available by the tribunal or shall be in a written form that
is in substantial compliance with the tribunal’s form.
(2) If a party submits a stipulation by email, the party shall pay the fee required for the filing of the stipulation within 14 days after the date the stipulation is emailed. If a party submits a stipulation at the hearing and the hearing is conducted at a site other than the tribunal’s office, the party shall pay the fee required for the filing of the stipulation within 14 days after the hearing date. If the hearing is conducted at the tribunal’s office, the party shall pay the required filing fee upon submission. Failure to pay the required filing fee may result in the issuance of a notice of no action, an order holding the party in default, or the denial of the stipulation.
R 792.10283 Hearing sites; accessibility; accommodations.
Rule 283. (1)
For property tax contested cases, the hearing may be conducted telephonically,
by video conferencing, or in-person. If the hearing is in-person, the hearing shall
must be conducted in the county in which the property is located or in a
county contiguous to the county in which the property is located or at a site
agreed upon by the parties and approved by the tribunal. A An
in-person rehearing by a tribunal member shall must be at a
site to be determined by the tribunal.
(2) For
non-property tax contested cases, the hearing may be conducted telephonically,
by video conferencing, or in-person. If the hearing is in-person, the hearing shall
must be conducted at a site to be determined by the tribunal.
(3) For all
contested cases, a video conference or an in-person hearing shall
must be conducted in a location that is accessible to mobility-impaired
individuals. Accessible parking shall must also be available.
(4) A person who has a disability and who needs to be accommodated for effective participation in a hearing shall contact the tribunal in writing or telephonically not less than 7 days before the scheduled hearing date.
R 792.10285 Notice of hearing.
Rule 285. Notice shall must
be sent to the parties or their attorneys or authorized representatives of
the time and date of the hearing,; the manner for the
conducting of the hearing, including, but not limited to, by telephone, by
video conference, or in-person; if telephonic, and the time,
date, and place of the hearing, if by video conference or in-person,
the location of the hearing; not less than 45 days before the hearing,
unless otherwise ordered by the tribunal.
R 792.10287 Evidence.
Rule 287. (1) A
copy of all evidence, other than rebuttal evidence, to be offered in
support of a party’s contentions shall must be filed with the
tribunal and served upon on the opposing party or parties
not less than 21 days before the date of the scheduled hearing, unless
otherwise provided ordered by the tribunal. Failure to comply
with this subrule may result in the exclusion of the valuation disclosure or
other written evidence at the time of the hearing because the opposing party
or parties may have been denied the opportunity to adequately consider and
evaluate the valuation disclosure or other written evidence before the date of
the scheduled hearing. If a valuation disclosure or other written evidence
is excluded, the tribunal shall indicate the basis of the exclusion in the
decision.
(2) Service of
the evidence shall must be made on the opposing party or parties
unless an attorney or authorized representative has entered an appearance in
the contested case on behalf of that an opposing party or
parties and then service shall must be made on the attorney
or authorized representative for that party.
(3) If a party wishes to submit rebuttal evidence to the tribunal and the opposing parties less than 21 days before the date of a scheduled hearing, the party shall, if the hearing is in-person, bring multiple copies of that evidence to the hearing, including 1 for the presiding judge and 1 for each opposing party. If the hearing is by telephone or video conference, the party shall submit that evidence to the tribunal and the opposing parties by email in advance of the commencement of the hearing.
R 792.10289 Exceptions;
filing of exceptions; “good cause” defined; service of exceptions; location
of rehearing rehearings.
Rule 289. (1) A
party may submit exceptions to a decision by a referee or an administrative law
judge, other than a tribunal member, by filing with the tribunal and
serving on the opposing parties the exceptions with the tribunal
and serving a copy on the opposing party or parties within 20 days of
after the entry of the decision. The exceptions must be signed and
are limited to the evidence submitted prior to before or
otherwise admitted at the hearing and any matter addressed in the proposed
opinion and judgment and shall demonstrate good cause as to why the
decision should be adopted, modified, or a rehearing held. For purposes of this
subrule, “good cause” means error of law, mistake of fact, fraud, or any other
reason the tribunal considers sufficient and material.
(2) The opposing
party or parties may file with the tribunal and serve on all
other parties a response to the exceptions within 14 days of after
the service of the exceptions on those parties that party. The
response must be signed.
(3) Service of
the exceptions or response shall must be made on the opposing party
or parties unless an attorney or authorized representative has entered an
appearance in the contested case on behalf of that opposing party or parties
and then service shall must be made on the attorney or authorized
representative for those parties.
(4) The party
who files exceptions or a response shall also file with the tribunal, or
include as a part of the exceptions or response, a proof of service or
statement attesting to the service of the exceptions or response on all other the
opposing party or parties or their attorney or authorized representative.
The statement shall must specify who was served with the
exceptions or response and the date and method by which the exceptions or
response was served. If no statement attesting to the service of the
exceptions or response is filed, the tribunal shall issue a notice of no
action. If the statement is filed within the time period provided in the notice
of no action, action shall be taken on the exceptions or response. See R
792.10221(11).
(5) A rehearing, if held, shall be conducted by a tribunal member in a manner to be determined by the tribunal and may be limited to the evidence considered at the hearing.
SUBPART D. MEDIATION
R 792.10291 Scope.
Rule 291. The rules in this subpart govern mediation in all contested cases pending in the tribunal and are known as the mediation rules. If an applicable mediation rule does not exist, the rules in subparts A, B, and C and MCR 2.411 and 2.412 govern.
R 792.10293 Mediation; referral to mediation; selection of mediator.
Rule 293. A contested case may be referred to mediation by order of the tribunal if all of the following apply:
(a) The parties file a stipulation agreeing to participate in mediation.
(b) The stipulation designates a mediator selected from the list of mediators certified and published by the tribunal.
(c) The stipulation specifies that the selected mediator has disclosed any potential basis for disqualification.
(d) The stipulation specifies that the parties and the selected mediator have agreed to the compensation of the mediator and the payment of that compensation. See MCR 2.411(D)(i) and (ii).
R 792.10295 Scheduling; conduct of mediation; completion of mediation.
Rule 295. (1) The order referring a contested case to mediation must address all proceedings and deadlines previously scheduled by the tribunal in that contested case and specify the time within which the mediation is to be completed. The substitution of a mediator must not extend the time within which mediation is to be completed unless otherwise ordered by the tribunal.
(2) Mediation must be conducted as provided by MCR 2.411(C)(2).
(3) Within 7 days of the completion of the mediation, the mediator shall advise the tribunal of the completion by filing a mediation status report. The report must be on a form made available by the tribunal.
(4) If a contested case is settled through mediation, the parties shall file a stipulation for entry of consent judgment with appropriate filing fee and a consent judgment may be entered if the stipulation is found to be acceptable to the tribunal. See R 792.10249 and R 792.10281.
R 792.10297 Mediators; standards of conduct; eligibility; application fee; list of mediators;
removal, rejection, and reconsideration.
Rule 297. (1) A mediator has no authoritative decision-making power to resolve a contested case before the tribunal in mediation.
(2) A mediator shall comply with the standards of conduct for mediators as provided under MCR 2.411(G).
(3) An individual desiring to be certified as a mediator shall file a mediation application with the tribunal. The application must be on a form made available by the tribunal.
(4) An individual is eligible to be a mediator if both of the following are met:
(a) The individual has 5 years of state and local tax experience, and that experience has occurred within the 7 years immediately preceding the submission of the application.
(b) The individual is qualified as a general civil mediator under MCR 2.411(F)(2) and (4).
(5) An individual that files an application and pays the application fee may be certified, if eligible, and placed on a published list of mediators for a period of 1 year at which time the individual shall reapply in the same manner as a new individual.
(6) The fee for the filing of an application to be certified as a mediator is $50.00.
(7) The tribunal shall review all applications and compile a list of certified mediators at least quarterly and publish the list of mediators on the tribunal’s website.
(8) The mediator list must include all of the following:
(a) The hourly rate charged by each certified mediator for their mediation services.
(b) The type of tax the mediator is certified to mediate.
(c) A summary of the certified mediator’s experience and training as a mediator.
(d) The forum or forums in which the mediator is certified to practice.
(9) The tribunal may remove a certified mediator from the list of mediators as provided by MCR 2.411(E)(4).
(10) If an individual that files an application and pays the application fee is not certified as a mediator or is removed from the list of mediators, that individual may file a motion seeking reconsideration of the rejection or removal. See R 792.10257. The motion must be considered by the tribunal chair.
PART 4: PUBLIC SERVICE COMMISSION
PRACTICE AND PROCEDURE BEFORE THE COMMISSION
SUBPART A. GENERAL PROVISIONS
R 792.10402 Definitions.
Rule 402. As used in this part:
(a) "Applicant" means one a person who applies,
requests, or petitions for permission, authorization, or approval.
(b) "Commission" means the Michigan public service commission.
(c) "Complainant" means one a person who files a
complaint pursuant to these rules.
(d) "Complaint" means an initial pleading filed by a complainant.
(e) “Director of the regulatory affairs division” means the commission employee assigned to manage the executive secretary and administrative law specialists advising the commission.
(f) “Document” means a record produced on paper or a digital image of a record originally produced on paper or originally created by electronic means, the output of which is readable by sight and can be printed on paper.
(g) “Electronic filing” means the process of submitting a document over the internet to the commission in accordance with the e-docket instructions available on the commission’s website.
(h) “Electronic service” means the serving of any document by email in accordance with MCR 2.107(C)(4).
(i) “Electronic signature” means an electronic sound, symbol, or process, attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record.
(j)
"Intervenor" means one a person permitted to
intervene in a proceeding pursuant to these rules.
(f)(k)
"Party" means a person by or against whom a proceeding is
commenced or a person who is permitted to intervene, a person who protests
an application for motor carrier authority, or the staff of the commission
in any proceeding in which the staff participates. Parties to a proceeding
shall designate themselves as applicants, complainants, intervenors,
respondents, protestants, or staff according to the nature of the proceeding
and the relationship of the parties.
(g)(l)
"Person" means any of the following entities:
(i) A natural person.
(ii) Corporation.
(iii) Municipal corporation.
(iv) Public corporation.
(v) Body politic.
(vi) Government agency.
(vii) Association.
(viii) Partnership.
(ix) Receiver.
(x) Joint venture.
(xi) Trustee.
(xii) Common law or statutory trust guardian.
(xiii) Executor.
(xiv) Administrator.
(xv) Fiduciary of any kind.
(xvi) Staff.
(h)(m)"Pleading"
means any of the following:
(i) An application, petition, complaint, or other document requesting initiation of a proceeding before the commission.
(ii) An answer to a document described in paragraph (i) of this subdivision.
(iii) A reply to an answer described in paragraph (ii) of this subdivision.
(iv) A petition to intervene or the staff's written appearance or notice of intention to participate.
(v) An objection to a petition to intervene.
(vi) A motion or a response to a motion.
(vii) A petition to reopen a proceeding or a response to a petition to reopen a proceeding.
(viii) A petition for rehearing or a response to a petition for rehearing.
(ix) A petition for clarification or a response to a petition for clarification.
(i)(n)
"Presiding officer" means the administrative law judge assigned
by the hearing system or other person assigned by the commission to preside
over and hear a proceeding or part of a proceeding held before the commission.
The commission or a commissioner is a presiding officer only when it or he
or she they preside over and hears a proceeding or part of a
proceeding.
(j)(o)
"Prima facie case" means a case in which, assuming all the facts
in the complaint are true, the complainant is requesting a remedy that is
within the jurisdiction of the commission to grant.
(k)(p)
"Proof of publication" means an affidavit stating the facts of
publication, including the date, publication, and manner of publication with a
copy of the publication attached.
(l)(q)
“Proof of service" means an affidavit stating the facts of service,
including the date, place, and manner of service and the parties served.
(m)
"Protestant" means a motor carrier who files a written protest to an
application for motor carrier authority pursuant to the provisions of the motor
carrier act, 1933
PA 254, MCL 475.1 to 475.49.
(n)(r)
"Respondent" means one against whom a complaint is filed or
against whom an investigation, order to show cause, or other proceeding on the commission's
own motion is commenced and a utility rendering the same kind of service within
a municipality or part of a municipality proposed to be served by another
utility in a proceeding under the provisions of R 792.10447.
(o)(s)
"Secretary" means the person designated by the commission as its executive
secretary or, in the absence of the secretary, the person designated by the
commission as its acting secretary.
(p)(t)
"Staff" means an employee or employees of the commission other
than the presiding officer and commissioners.
R 792.10403 Applicability; construction.
Rule 403. (1) These rules govern practice and procedure in all proceedings
before the commission, except as otherwise provided by statute or these rules.
In areas not addressed by these rules, the presiding officer may rely on
appropriate provisions of the currently effective Michigan court rules.
(2) These rules shall be liberally construed to secure a just, economical, and expeditious determination of the issues presented.
R 792.10404 Information, documents, and communications.
Rule 404. (1) Pleadings and other documents shall be in writing and shall
must conform to all requirements of these rules. The secretary, upon
reasonable request, shall provide advice about the form of pleadings and other
documents to be filed in a proceeding.
(2) Except for confidential documents and filings addressed under subpart E
of these rules, Ppleadings and other documents filed with the
commission shall must be printed, typewritten, or reproduced
and shall be on paper 8 1/2 inches x 11 inches in size, or folded to that size,
or shall be on forms supplied by the commission, except when specific
permission to the contrary is granted by the commission, its secretary, or the presiding
officer electronically filed, searchable, and able to be copied and
pasted.
R 792.10405 Pleadings; verification and effect; adoption by reference; signature of
attorney.
Rule 405. (1) Unless otherwise provided by these rules, statute, or commission order, a pleading need not be verified or accompanied by an affidavit.
(2) Statements in a pleading may be adopted by reference when they are clearly identified and a copy is attached.
(3) Every pleading of a party represented by an attorney shall must be
signed or electronically signed by an attorney of record. A party who is
not represented by an attorney shall sign or electronically sign the
pleading.
(4) If a pleading is not signed, it shall be is subject to
rejection by the presiding officer or the commission unless it is signed
promptly after the omission is called to the attention of the pleader.
(5) The signature or electronic signature of an attorney or party, whether or not the party is represented by an attorney, constitutes a certification by the signer of all of the following:
(a) He or she has read the pleading.
(b) To the best of his or her knowledge, information, and belief formed after reasonable inquiry, the pleading is well-grounded in fact and is warranted by existing law or a good faith argument for the extension, modification, or reversal of existing law.
(c) The pleading is not interposed for any improper purpose, such as to harass or cause unnecessary delay or needless increase in the cost of the proceeding.
(6) If an application requests ex parte relief from the commission, the application must include “ex parte” in its title.
(7) Parties to a proceeding shall designate themselves as applicants, complainants, intervenors, respondents, or staff according to the nature of the proceeding and the relationship of the parties.
R 792.10406 Filing and service of documents.
Rule 406. (1) Pleadings and other documents are filed with the commission by
filing with the secretary. Except as provided in subpart E of these rules,
Uunless otherwise provided by statute or order of the commission
or presiding officer, the filing and service of notices, pleadings, motions,
and other documents or copies required to be filed or served in a
proceeding shall must be made electronically in accordance
with the e-dockets user manual, with the exception of filings made in
residential complaint proceedings. The filing and service of notices,
pleadings, motions, and other documents required to be filed in residential
complaint proceedings shall be made by deposit with the United States
postal service for first-class mailing or by delivery in person.
(2) Unless otherwise provided by rule or statute, the date of filing is the
date the pleading or other document is received by the commission if
deposited with the United States postal service. If filed electronically,
the date of filing is the date that a complete and compliant document is
submitted in determined in accordance with the e-dockets system
user manual. The date of service is the date it is deposited with the
United States Postal Servicepostal service for first-class
mailing or courier delivery service or is delivered in person, unless
otherwise provided by the commission, if deposited with the United States
postal service. If served electronically via e-mail, the date of
service is the date the e-mail email is sent. To be
considered timely, a document must be filed and served by 11:59 p.m. on the due
date unless that time is modified by the presiding officer or the commission.
Documents filed after 11:59 p.m. or after the time designated by the presiding
officer or the commission are considered to have been filed the next business
day.
(3) In all residential complaint cases, a party shall file an original and 7
copies of each document.
(4)(3)
Confidential filings shall must be made in accordance with
the e-dockets user manual instructions on the commission’s website.
(4) Filings may be removed from the e-docket only after submission of a written formal request for removal to the executive secretary along with a detailed explanation of the reason for requesting removal. All filings are retained and destroyed in accordance with the commission’s approved record retention and disposal schedule.
(5)
Filers are advised to must consult mpsc commission guideline 2014-1
for a description of documents that may be rejected for filing.
(5)
If the required number of copies are not filed, a document shall be subject to
rejection by the presiding officer or the commission unless the party files the
additional copies promptly after the omission is called to the attention of the
party.
(6) Except for residential complaint cases addressed under R 792.10441(5), A
a party shall electronically serve on all other parties a copy of
each document that the party files with the commission. After notice of hearing
has been given in a proceeding, a party shall serve, on the assigned presiding
officer or, if a presiding officer has not been assigned, on the administrative
law manager assigned by the hearing system to the commission, a copy of each
document that the party files.
(7) When a party has appeared by attorney, service upon the attorney is service upon the party.
(8)
Service on municipalities shall must be made on supervisors of
townships and on clerks of other municipalities.
(9) Within 7 days after a document is served, the person serving the document shall file proof of service or acceptance of service by the person served or that person's attorney.
(10) Not less than 7 days prior to before the date set for
the initial prehearing, an applicant may file a request that the commission
read the record in a pending proceeding and dispense with the proposal for
decision. A copy of the request shall must be served upon the
other parties to the proceeding and upon the director of the regulatory
affairs division. Applicants are cautioned that such requests will be
granted only under extraordinary circumstances.
R 792.10407 Proceedings; location; time.
Rule
407. Meetings of the commission and hearings in all proceedings held pursuant
to any statute or these rules shall must be held at the
commission’s offices located at 7109 West Saginaw Highway in Lansing,
Michigan 48917 or such other place as the commission may direct on such
days and at such hours as the commission, the secretary, or the presiding
officer may direct.
R 792.10408 Cost of copies of decisions and transcripts.
Rule
408. A copy of the decision or order in a proceeding shall must be
furnished free of charge served electronically to each party to
the proceeding. Paper Ccopies of transcripts and additional
copies of proposals for decisions shall must be
furnished at rates consistent with current policy and statutes. Paper
copies of orders must be provided upon request.
SUBPART B. INTERVENTIONS
R 792.10410 Petitions.
Rule 410. (1) A person who is not a complainant, respondent, protestant,
applicant, or staff, as defined in these rules, 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 shall 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 shall must
be served on all parties to the proceeding. All parties shall 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, shall be is bound by the record and
procedural schedules developed before the granting of leave to intervene.
(2) A petition for leave to intervene shall 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 shall must
specify that relief. Requests for relief may be stated in the alternative.
R 792.10413 Participation without intervention.
Rule 413. (1) In a proceeding to fix rates or investigate conditions of service
of a utility or motor carrier subject to the jurisdiction of the
commission, a person may appear without a formal petition for leave to
intervene. There shall must be a full disclosure of the identity
of the person and the interest of the person in the proceeding. The position
to be taken shall be fully and fairly stated, the contentions of the person
shall be reasonably pertinent to the issues in the proceeding, and any right to
unduly broaden the issues shall be disclaimed.
(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 shall must not
be given under oath and shall 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.
R
792.10414 Motor carrier proceedings. Rescinded.
Rule 414. A motor carrier or other person desiring to participate in a motor
carrier proceeding shall comply with the provisions of the motor carrier act,
1933 PA 254 MCL, 475.1 to 479.49. When these rules conflict with the motor
carrier act or the motor carrier rules, the motor carrier act and the motor
carrier rules shall prevail.
SUBPART C. HEARINGS
R 792.10415 General provisions.
Rule 415. (1) A contested case proceeding shall must be held when
required by statute and may be held when the commission so directs.
(2) After a proceeding has been assigned to a presiding officer, the presiding officer may rule on all matters of evidence, scheduling, and motions. The presiding officer shall seek to secure a timely disposition of the proceeding, recognizing any applicable legislative directives.
(3) The presiding officer may conduct all or part of a hearing by telephone, video-conference, or other electronic means. All substantive and procedural rights apply to hearings under this subrule.
(3)(4)
An oral hearing before the commission shall must be made a matter
of record. The record of the hearing in a contested case shall must be
transcribed. In all other cases, the record of the hearing need not be
transcribed unless a request for a transcript is made by the commission, a
party, or the presiding officer. A transcript shall must be
indexed to show the location of the testimony of each witness and the
introduction and receipt into evidence or rejection of all prepared testimony
and exhibits. If offered by a party, prefiled testimony shall may be
bound into the record.
(4)(5)
The presiding officer may make provision for any Any party
may to request material and relevant corrections of the
transcript within a reasonable time after the filing of each volume of the
transcript. If the presiding officer does not provide otherwise, any party may
file with the commission, within 7 days after each volume of the transcript is
filed with the commission, a request for correction of the transcript. Within
7 days after the filing of any request, other parties may file responses in
support of, or in opposition to, all or part of the proposed corrections.
Thereafter, the presiding officer shall, either upon the record or by order
served on all parties, specify the corrections to be made to the transcript.
Further, the commission or the presiding officer may specify corrections to be
made to the transcript by providing 7 days' notice to all parties and providing
a time for responses.
(5)(6)
The commission or the presiding officer, or the administrative law manager
assigned by the hearing system in any proceeding in which a presiding officer
has not been assigned, may order proceedings consolidated for hearing on any or
all matters at issue in the proceedings or may order the severance of
proceedings or issues in a proceeding if consolidation or severance will
promote the just, economical, and expeditious determination of the issues
presented.
(6)(7)
Tape recorders and other mechanical or electronic devices are permitted at an
oral hearing if they are unobtrusive and do not cause a witness to be
intimidated or interfere with the orderly conduct of the proceeding.
R 792.10417 Initial notice of hearing.
Rule 417. (1) 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 shall must be provided to
all parties and such 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 shall 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.
(2)
Publication in the commission's bimonthly information bulletin, issued in
accordance with the provisions of article 5 and section 6 of 1933 PA 254, MCL
475.1 to 479.49, shall constitute notice to all motor carriers holding
intrastate motor carrier authority from the commission of the applications,
transfers, orders, and other business of the commission that appear in the
bulletin.
R 792.10418 Participation by staff.
Rule 418. The sStaff 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,.
The staff may enter an appearance in any proceeding and file briefs,
cross-examine witnesses, and state its position, policy, or recommendations
based upon the evidence.
R 792.10421 Prehearing conferences.
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 authenticity 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.
(2) Notice of the time and place of any prehearing conference shall must
be given to all parties. Any person failing to attend or otherwise participate
in a prehearing conference after having been served appropriate notice of the
time and place shall, with respect to procedural matters, be bound, except for
good cause, by any agreements reached, schedules set, and any orders or
rulings made. If a transcript of the conference is not prepared, the presiding
officer shall ensure that a written summary of the conference is prepared and
served on all parties.
(3) Additional conferences may be held, as appropriate, during the course of any proceeding.
(4)
At any conference held pursuant to this rule, the presiding officer may dispose
of, by ruling, any procedural matter upon which the presiding officer is
authorized to may rule during the course of the proceeding if the
parties have had appropriate notice. All rulings made at any prehearing conference
held pursuant to this rule shall be are binding on all parties to
the proceeding unless the rulings are, for good cause, subsequently
modified or reversed by the presiding officer or the commission.
(5) After proper notice, the presiding officer may, on his or her own initiative or upon the request of a party, direct that a conference telephone or other electronic device be used for a prehearing or status conference. If a transcript of the conference is not prepared, the presiding officer shall ensure that a written summary of the conference is prepared and served on all parties.
R 792.10429 Evidence; documents and exhibits.
Rule 429. (1) When the evidence consists of technical matters or figures so
numerous as to make oral presentation difficult to follow, it shall must
be presented in exhibit form, supplemented and explained, but not
duplicated by testimony.
(2) Documentary exhibits shall must be on 1 side only, on paper
not exceeding 8-1/2 inches xby 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 shall must be folded to
not more than 8-1/2 inches x by 11 inches, if practicable.
An exhibit of 2 or more sheets shall 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 shall must be
numbered. An exhibit shall 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 shall must be numbered sequentially regardless of the
identity of the party offering them. The number of the exhibit shall must
be preceded with a letter indicating the identity of the party offering it;
for example, "A" for applicant, "I" for intervenor, "P"
for protestant, “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 shall 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 shall 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.
R 792.10430 Evidence; testimony in written form.
Rule 430. (1) Direct Testimony of a witness under oath shall be
offered in written form, except in motor carrier cases or as otherwise
provided by the commission or the presiding officer. In motor carrier cases,
the presiding officer may require that direct testimony be offered in written
form. Unless otherwise ordered by the presiding officer, the testimony shall
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
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 shall
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 shall must include page and
line numbers and shall be in question and answer form.
R 792.10432 Motion practice.
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, shall must be
by motion. Unless made during a hearing, a motion shall be must in
compliance 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.
(2) Except as provided under subrule (7) of this rule, Uunless
a different time is set by the commission or presiding officer or unless the
motion is one that may be heard ex parte, a written motion, notice of the
hearing on the motion, and any supporting brief or affidavits shall be served
as follows:
(a) Not less than 9 days before the hearing, if served electronically or
by mail or courier delivery service.
(b) Not less than 7 days before the hearing, if served electronically or by delivery to the attorney or party under Michigan court rule 2.107(c)(1) or (2).
(3) Unless a different time is set by the commission or presiding officer, any response to a motion, including a brief or an affidavit, shall be served as follows:
(a) Not less than 5 days before the hearing, if served electronically or
by mail or courier delivery service.
(b) Not less than 3 days before the hearing, if served electronically or by delivery to the attorney or party under Michigan court rule 2.107(c)(1) or (2).
(4) Motions shall must be noticed for hearing at the time
designated by the commission or presiding officer.
(5) When a motion is based on facts not appearing on the record, the commission or presiding officer may hear the motion on affidavits presented by the parties or may direct that the motion be heard wholly or partly as oral testimony or deposition.
(6) The commission or presiding officer may limit oral arguments on motions and may require the parties to file briefs in support of, and in opposition to, a motion. The commission may dispense with oral argument on matters brought before the commission.
(7) Except for good cause, a motion to extend time must be filed and served before the expiration of the period originally prescribed.
(8) A motion addressed to the commission shall be filed and served on all parties and the director of the regulatory affairs division. Any responsive pleading shall be filed and served on all parties and the director of the regulatory affairs division within 7 days after the motion is filed unless otherwise provided by these rules.
(9) In instances where the presiding officer has transmitted a case to the commission, the director of the regulatory affairs division may approve uncontested scheduling changes, stipulations, and other minor requests by parties to the proceedings without notice, a hearing, or a commission order.
R 792.10433 Appeals to commission from rulings of presiding officers.
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 will 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.
(3) An offer of proof shall must be made in connection with an
appeal of a ruling excluding evidence. The offer of proof shall must be
made on the hearing record. If the ruling excluded oral testimony, the offer of
proof shall must consist of a statement of the substance of the
evidence that the appellant contends would be established by the testimony. If
the ruling excluded written evidence or evidence that refers to documents or
records, the offer of proof shall must consist of a copy of the
evidence, documents, or records. If the ruling excluded prefiled testimony
or rebuttal testimony, the offer of proof must consist of a copy of the
testimony or rebuttal testimony.
(4) The application shall must be supported by a clear and
concise brief, pursuant to the provisions of R 792.10434, stating the basis for
the appeal and showing that it complies with the provisions of this rule. The
brief shall must be supported by specific factual allegations as
appropriate.
(5) The commission's failure to grant the application does not bar a party from asking the commission to consider the presiding officer's ruling on final disposition of the proceeding. A party's failure to file an application for leave to appeal does not constitute a waiver of the right to challenge any ruling of the presiding officer either in a brief or in exceptions to a proposal for decision.
R 792.10434 Oral arguments and briefs.
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 shall must be
requested before the close of the record. Oral arguments before the commission shall
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 shall must be filed within 21 days after the date of the
filing of the last volume of the transcript, and reply briefs shall 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 shall must include a reference to the specific portions
of the record where the evidence may be found. Materials incorporated by
reference shall 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, shall must be filed not
later than the date for filing initial briefs. Each proposed finding of fact shall
must be numbered, stated clearly, and limited to a single proposed fact.
R 792.10435 Exceptions to proposals for decision.
Rule 435. (1) Unless otherwise provided, exceptions to a proposal for decision shall
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, and replies to exceptions, if provided for, shall 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 shall 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 shall must include a reference to the specific portions
of the record where the evidence may be found. Materials incorporated by
reference shall must be attached.
(4) Exceptions shall 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 accepts takes exception.
SUBPART D. REOPENINGS AND REHEARINGS
R 792.10436 Reopening of proceedings.
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 upon its own motion or
motion of any party. 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 shall be 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.
SUBPART E. COMPLAINTS
R 792.10439 Complaints; limited matters; initiating complaint.
Rule 439. A complaint shall 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 or motor carrier,
including a violation of any commission rule, regulation, tariff filed or
published by a utility, or order, including a tariff filed or
published by a utility or motor carrier, 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 the
staff, subject to applicable statutory standards.
R 792.10440 Informal complaints.
Rule 440. The commission shall attempt to resolve as an informal complaint on
any matter brought to its attention by any person not requesting initiation of
a contested case proceeding.
R 792.10441 Formal complaints; content.
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.
(1)
(2) A formal complaint must shall be in writing and shall
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 where practicable 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.
(2)(3)
Two or more complainants may join in 1 complaint if their complaints are
against the same respondent, involve substantially the same purposes and
subjects, and are predicated upon substantially similar facts. This rule shall
not be construed to authorize class actions in proceedings before the
commission.
(4) If a complaint is found prima facie, and the complainant elects to proceed using email filing and service, the filings in the complaint proceeding will not be available to the public on the commission’s website. In addition to email service to the parties, all documents shall be emailed to the secretary in accordance with the instructions found on the commission’s website.
(5) If a complaint is found prima facie, and the complainant elects to file and serve documents on paper, the filing and service of notices, pleadings, motions, and other documents must be made by deposit with the United States Postal Service for first-class mailing, courier delivery service or by delivery in person. In all residential complaint cases to be processed on paper, a party shall file an original and 3 copies of each document or pleading.
R 792.10442 Formal complaints; examination; rejection.
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, will may commence an
investigation of the matters raised in the complaint.
R 792.10443 Formal complaints; service; offers of relief; answers.
Rule
443. (1) If the complaint does 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 shall must specifically
admit or deny each material allegation contained in the complaint and shall
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 shall operates as a denial.
SUBPART F. SPECIFIC PROCEEDINGS
R 792.10447 Public utilities; new construction.
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 483.119, 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.
(2) The application required in subrule (1) of this rule shall must set
forth, or by attached exhibits show, all of the following information:
(a) The name and address of the applicant.
(b) The city, village, or township affected.
(c) The nature of the utility service to be furnished.
(d) The municipality from which the appropriate franchise or consent has been obtained, if required, together with a true copy of the franchise or consent.
(e) A full description of the proposed new construction or extension, including the manner in which it will be constructed.
(f) The names of all utilities rendering the same type of service with which the proposed new construction or extension is likely to compete.
(g) An environmental impact assessment, or environmental impact statement if appropriate, that addresses the environmental effects of the construction or extension.
(h) Information demonstrating that the proposed construction shall comply with all applicable safety and technical standards.
(3) A utility that is classified as a respondent pursuant to R 792.10402 may participate as a party to the application proceeding without filing a petition to intervene. It may file an answer or other response to the application.
SUBPART G. DECLARATORY RULINGS
R 792.10448 Declaratory rulings.
Rule 448. (1) Any person may request a declaratory ruling as to the
applicability to an actual state of facts of a statute administered by the
commission or of a rule or order of the commission, pursuant to sections 33 and
63 of the act, MCL 24.233 24.201, MCLand 24.32824.263.
A request for a declaratory ruling shall must contain, or by
attached exhibits show, all of the following:
(a) A complete, accurate, and concise statement of the facts or situation upon which the request is based.
(b) A concise statement of the issues presented.
(c) Specific reference to all statutes, rules, and orders to which the request relates.
(d) An analysis by the person's legal counsel of the issues presented and a proposed conclusion, or the person's analysis of the issues presented and a proposed conclusion.
(2) The commission may require that notice of the request for declaratory ruling be provided and may require a contested case proceeding instead of issuing a declaratory ruling.
(3) The decision to issue a declaratory ruling is within the discretion of the commission and is binding only on the applicant and the commission.
PART 12: WAGE AND FRINGE BENEFIT HEARINGS
R 792.11201 Scope.
Rule 1201. The rules in this part govern proceedings before an administrative law judge under the act governing the payment of wages and fringe benefits, 1978 PA 390, MCL 408.471 to 408.490, or the act governing the paid medical leave act, 2018 PA 338, MCL 408.961 to 408.974.
R 792.11202 Definitions.
Rule 1202. As used in these rules this part:
(a) "Appeal" means request for review.
(b) "Appellant" means a party who files an appeal.
(c) "Department" means the Michigan
department of licensing and regulatory affairs.
(d) "Determination order" means the written determination of the merits of a complaint, including violation citations, notices of violation, penalty assessments, and exemplary damage assessments, if any, issued by the department to an employee or employer pursuant to a complaint.
(e) "Director" means the director of the department.
(f) "Party" means a person admitted to participate
in the hearing conducted pursuant to these rules. The employee, employer, and
the department shall be are parties to a proceeding before an
administrative law judge brought under the payment of wage & fringe
benefit act, 1978 PA 390, MCL 408.471 to
408.490, or the paid medical leave act, 2018 PA 338, MCL
408.961 to 408.974.
(g) "Representative" means a person authorized by a party to represent that party in a proceeding.
(h) "Wage and hour program" means the agency within
the department that is delegated the responsibility of investigating claims,
issuing determination orders, issuing notices of violation, and
representing the department in hearings held under the, 1978 PA 390, MCL
408.471 to 408.490, or the
paid medical leave act, 2018 PA 338, MCL 408.961 to 408.974.
R 792.11204 Filing of documents.
Rule 1204. (1) The filing of a document, with the exception of
an appeal, is deemed effective at the time of mailing. The mailing date
is presumed to be the postmark date appearing on the envelope if postage was
prepaid and the envelope was properly addressed.
(2) An appeal from a determination order or notice of
violation shall must be filed with the wage hour program and shall
must be received within 14 days from the date of mailing of the
determination or notice of violation.
R 792.11205 Late appeal; showing of good cause; hearing; determination order final.
Rule 1205. (1) Any appeal received by the department more than
14 days after the determination order or notice of violation is issued shall
must be immediately transmitted, along with the employee wage claim
and the determination order or notice of violation, to the hearing
system.
(2) Upon receipt of a late appeal under this rule, the
administrative law judge shall issue an order which directs directing
the appealing party to show good cause why the late appeal should not be
dismissed and the determination order or notice of violation made final.
If the administrative law judge finds good cause for the late appeal, the case shall
proceeds to hearing. Absent such a finding, the determination order shall
be is held final.
R 792.11209 Representation at hearing.
Rule 1209. A party may be represented at a hearing and before the hearing system by an attorney or authorized representative of the party’s own choosing and at the party’s own expense.
PART 19: CORRECTIONS
R 792.11903 Hearing and decisions.
Rule 1903. (1) Not less than 24 hours before a formal hearing, a prisoner shall
must receive written notice of the hearing. The notice shall must
include all of the following:
(a) Any charges of alleged violations.
(b) A description of the circumstances giving rise to the hearing.
(c) Notice of the date of hearing.
(2) A prisoner shall set forth all of the following on the notice form:
(a) Necessary witnesses the prisoner wishes to have interviewed, if any.
(b) A request for documents specifically relevant to the issue before the administrative law judge, if any.
(c) A request for assistance of a staff hearing investigator to
gather evidence or speak for the prisoner, if desired.
(3) A prisoner may verbally waive the 24-hour notice requirement when
the prisoner receives written notice or at hearing. if that waiver is in
writing and signed by the prisoner.
(4) If a prisoner fails to appear for a hearing after proper notice has been given as set forth in subrule (1) of this rule, the administrative law judge may proceed with the hearing and make a decision in the absence of the prisoner.
(5) A prisoner shall have has all of the following rights at a
formal hearing:
(a) To offer evidence, including written arguments, relevant documents, and witness statements, by making these requests to the hearing investigator at the time of the interview, or sufficiently in advance of the hearing to conduct an adequate investigation as determined by the administrative law judge.
(a)(b)
To be present and offer oral arguments evidence, including
relevant documents and oral and written arguments, on his or her the
prisoner’s own behalf.
(b)(c)
To compel disclosure of documents evidence specifically
relevant to the issue before the hearing officer administrative law
judge, unless the administrative law judge determines that disclosure
may be dangerous to a witness or disruptive of normal prison operations. The
reason for the nondisclosure shall must be entered into the
record.
(c)(d)
To present evidence from necessary, relevant, and material witnesses, when
to do so is not unduly hazardous to institutional or safety goals.
(d)(e)
To have presented to the administrative law judge the report of a hearing
investigator who interviewed and obtained statements from relevant
witnesses, secured relevant documents, and gathered other evidence, if a hearing
investigator was requested when notice of the charges was given, unless that
request is denied as set forth in subrule (7) of this rule, and if the prisoner
has reasonably cooperated with the hearing investigator.
(e)(f)
To submit written questions to the hearing investigator to be asked of
witnesses.
(f)
(6) If an administrative law judge denies a request made by a prisoner on
the notice form provided under subrule (2) of this rule, specific reasons for
the denial shall must be placed in the record. The presence of a
witness is not necessary if the witness's testimony is repetitious or if the
witness is able to provide the administrative law judge or hearing investigator
with a complete written statement.
(67)
A staff hearing investigator shall must be
available, when necessary, to gather and present factual evidence orally or in
writing at the request of either the prisoner or the administrative law judge.
If the administrative law judge determines that a prisoner appears to be
incapable of speaking effectively for himself or herself, the hearing
officer administrative law judge shall request a staff hearing
investigator to appear and present arguments on the prisoner's behalf. The
failure of a staff hearing investigator to present requested
documents or statements is justified if to do so would be unduly hazardous to
institution or safety goals or if the information is irrelevant or unnecessary
to the particular case. The specific reason for such failure shall must
be placed in the record.
(78)
The administrative law judge shall render a written decision or
recommendation in every case. The written decision or recommendation
shall must include all of the following:
(a) The reasons for the denial of a prisoner's requests, if any.
(b) A statement of the facts found.
(c) The evidence relied on in support of the decision or recommendation.
(d) A disposition of property, if applicable, in accordance with department of corrections policy.
(d)(e)
Any sanctions or orders imposed by the administrative law judge. A copy of
the decision shall must be furnished to the prisoner.