DEPARTMENT OF CIVIL RIGHTS

CIVIL RIGHTS COMMISSION

ORGANIZATION, PRACTICE, AND PROCEDURE

(By authority conferred on the civil rights commission by section 29 of article V of

the state constitution of 1963 and section 601 of the Elliott-Larsen civil rights act, 1976

PA 453, MCL 37.2601)

R 37.1 Civil rights within commission jurisdiction.

Rule 1. The civil rights within the jurisdiction of the commission shall be those

guaranteed by law and the constitution including, but not limited to, the areas of equal

protection of the laws, employment, education, housing, and public accommodations.

The jurisdiction of the commission shall not be limited to the processing of complaints.

History: 1979 AC.

R 37.2 Definitions.

Rule 2. As used in these rules:

(a) “Certified complaint” means a complaint of discrimination, drafted by

department staff on an official complaint form that is prepared after a preliminary

determination of jurisdiction, and has the claimant’s signature.

(b) "Chairperson" means the duly appointed or elected chairperson or a co-

chairperson of the commission or, in the event of his or her or their absence, the acting

chairperson designated by the remaining members of the commission.

(c) "Charge" means that document or pleading authorized by the department that

initiates a contested case hearing under R 37.12.

(d) "Claimant" means any person who makes a complaint of discrimination to the

department.

(e) "Commission" means the state civil rights commission created by section 29 of

article V of the constitution.

(f) "Commissioner" means any member of the commission.

(g) “Complaint” means a communication from the claimant to the department that

alleges discrimination as set forth in R 37.4.

(h) "Constitution" means the state constitution of 1963.

(i) “Day” means a calendar day, including a Saturday, Sunday, and state holiday.

(j) "Department" means the department of civil rights established by section 475 of

the Executive organization act of 1965, 1965 PA 380, MCL 16.575.

(k) "Department investigator" means a member, agent, or employee of the

department designated or delegated by the director to conduct an investigation.

(l) "Director" means the director of the department appointed by the commission.

(m) "Hearing commissioner" means a commissioner designated by the chairperson

or the commission to conduct a hearing.

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(n) "Hearing referee" means an agent of the commission designated or delegated by

the chairperson or the director to conduct a hearing.

(o) "Party" or "parties" means the claimant or respondent, or both, and the

commission or department, or both, where appropriate.

(p) "Person" means an individual, agent, association, corporation, joint

apprenticeship committee, joint stock company, labor organization, legal representative,

mutual company, partnership, receiver, trust, trustee, trustee in bankruptcy,

unincorporated organization, this state, or a political subdivision or agency of this state,

or another legal or commercial entity.

(q) "Respondent" means person against whom the claimant has complained, or

against whom the department has issued a charge.

(r) “Summary of complaint” means a document prepared by department staff

following an intake interview that explains why a certified complaint was not taken and

outlines the timeline to request a reconsideration of that decision.

History: 1979 AC; 1985 AACS; 2023 MR 10, Eff. May 16, 2023.

R 37.3 Commission; election and tenure of officers; quorum; voting.

Rule 3. (1) The commission, each January, shall elect from its members by a

majority vote of the commission a chairperson or co-chairpersons and such other officers

as the commission shall determine, who shall serve during the balance of the calendar

year and until their successors have been duly elected and qualified.

(2) A majority of all members of the commission shall constitute a quorum. A

majority of all the members shall be required to decide matters of a nonministerial

nature, but a majority of a quorum may decide ministerial matters. A vacancy in the

commission shall not impair the right of the remaining members to exercise all the

powers of the commission.

History: 1979 AC; 1985 AACS.

R 37.4 Complaints.

Rule 4. (1) A person claiming to be aggrieved by unlawful discrimination may

personally, or through counsel or other agent, submit a complaint to the department.

(2) A commissioner, director, or agent authorized by the commission or director,

may initiate, make, sign, and file a complaint in the public’s interest.

(3) Assistance in drafting and filing a complaint must be available without charge at

all department offices.

(4) A certified complaint must be in writing, dated, and include all of the following:

(a) The full name and address of the claimant and his or her agent, if any.

(b) The full name and address of the respondent.

(c) The alleged discrimination and a detailed statement describing it. the particulars

thereof.

(d) The date, dates, or range of dates of the alleged discrimination and whether the

alleged discrimination is of a continuous nature.

(e) The claimant’s signature.

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(5) The complaint must be filed with the department at 1 of its offices.

(6) The complaint must be filed within 180 days after the date of the alleged

discrimination, or within 180 days after the date when the alleged discrimination was or

should have been discovered. If the alleged discrimination is of a continuous nature, the

date of the discrimination is any date after the commencement of the discrimination, up

to and including the date upon which the discrimination ceased.

(7) The complaint may be filed by personal delivery, mail, or electronic service, and

addressed or emailed to 1 of the department's offices.

(8) Complaint forms may be obtained at any of the offices of the department.

(9) A copy of the complaint filed by the claimant must be delivered or mailed to the

respondent.

(10) The department may require answers to interrogatories, order the submission of

books, papers, records, and other materials pertinent to a complaint, and require the

attendance of witnesses, administer oaths, take testimony, and compel, through court

authorization, compliance with its orders or an order of the commission.

(11) A complaint, or part of a complaint, may only be withdrawn with written

consent of the commission or department upon conditions considered proper under the

circumstances.

History: 1979 AC; 2023 MR 10, Eff. May 16, 2023.

R 37.5 Conciliation conference.

Rule 5. (1) The respondent may be invited, at any time, to participate in a

conciliation conference in a final attempt to address and eliminate the alleged

discrimination.

(2) The members of the commission and the department staff shall not disclose what

has transpired at the conciliation conference.

(3) If the conciliation conference is successful, the department shall notify the

parties of the resolution and close the case.

(4) If the conciliation conference fails, the department may do any of the following:

(a) Conduct additional investigation.

(b) Dismiss the certified complaint based on the investigation.

(c) Refer the case for final legal review with a recommendation for a charge and an

administrative hearing.

History: 1979 AC; 2023 MR 10, Eff. May 16, 2023.

R 37.6 Charge; issuance; refusal to issue.

Rule 6. (1) If, after investigation, the department determines that there are sufficient

grounds, a charge shall be issued.

(2) If the department determines that there are insufficient grounds to issue a

charge, it shall refuse to issue a charge and shall notify the parties by mail or electronic

service of the determination and the refusal, together with the reasons for refusal, and of

the claimant's right to request reconsideration by the department of the determination

within 30 days after the date of mailing, in accordance with R 37.7.

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History: 1979 AC; 2023 MR 10, Eff. May 16, 2023.

R 37.7 Reconsideration of refusal to issue charge; request; hearing.

Rule 7. (1) A claimant may request that the department reconsider a summary of

complaint or refusal to issue a charge on a certified complaint. The request must be in

writing, state specifically the grounds upon which it is based, and be filed within 30 days

after the date of mailing of the notice of disposition of which reconsideration is

requested. It must be filed at any office of the department by personal delivery or by mail.

(2) A reconsideration of a summary of complaint must review whether the request

for reconsideration is timely filed and if the allegations are jurisdictional.

(3) Reconsideration of a closed or dismissed certified complaint must be filed within

30 days of closure or dismissal and must address the following 3 criteria:

(a) Whether an adequate investigation was conducted.

(b) Whether there is new probative evidence that may change the result of the

investigation.

(c) Whether the determination was made in error.

(4) The department may authorize a hearing on the request for reconsideration at a

time and place before the hearing commissioner or commissioners or hearing referee or

referees as it or the director may determine, and notice must be given to all parties to the

proceedings by mail, electronic service, or delivery. The parties may appear in person or

by counsel, present witnesses and testimony, and examine and cross-examine witnesses.

Verbatim stenographic notes of the proceedings must be made and maintained by a

competent reporter. The hearing commissioner or commissioners or hearing referee or

referees shall report to the commission on the proceedings. The commission shall

determine whether the department shall consider the matter further, and notify all parties

by registered or certified mail, return receipt requested, and issue instructions for

appropriate action based upon such determination.

History: 1979 AC; 2023 MR 10, Eff. May 16, 2023.

R 37.8 Charge; form and content.

Rule 8. The charge shall be in writing, in such form and content as the department

determines.

History: 1979 AC.

R 37.9 Charge; amendment.

Rule 9. The commission on its own motion, on motion of the department, or on

motion of the claimant may amend a charge at any time prior to issuance of an order

based on the charge.

History: 1979 AC.

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R 37.10 Charge; service.

Rule 10. Copies of the charge or amended charge must be delivered by mail or

electronic service or sent by certified or registered mail, return receipt requested, to the

parties, together with notice to the respondent to answer the charge as provided in R

37.11.

History: 1979 AC; 2023 MR 10, Eff. May 16, 2023.

R 37.11 Answer.

Rule 11. (1) The respondent shall file a written verified answer to the charge of

discrimination within 21 days after the date of service of the charge.

(2) The answer must be filed in duplicate at any office of the department. The filing

must be by personal delivery mail or electronic service, with proof of service.

(3) Upon request, the commission or director may, for good cause shown, extend the

time within which the answer may be filed.

(4) The answer must be in writing and the original must be signed and verified by

the respondent. The answer must contain the address of the respondent, and if he or she is

represented by counsel, the name and address of counsel. The answer must contain a

general or specific denial or admission or a denial of any knowledge or information

sufficient to form a belief of every allegation of the charge and a statement of any matter

constituting a defense. An allegation in the charge that is not denied or admitted in the

answer, unless the respondent states in the answer that he or she is without knowledge or

information sufficient to form a belief, is considered admitted.

(5) The respondent has the right, reasonably and fairly, to amend his or her answer.

Both of the following apply to an amended answer:

(a) The respondent's right to amend his or her answer may be exercised at any time,

without permission, up to 10 days before the first hearing. If the first hearing is in less

than 10 days, the respondent may apply, and the hearing commissioner or hearing referee

may allow the respondent to amend his or her answer.

(b) Duplicate copies of an amended answer must be filed with the department.

(6) If an answer is not filed within the time provided for in these rules, each of the

allegations in the charge are considered admitted. Upon application, the hearing

commissioner or hearing referee, for good cause shown, may set aside the admission.

(7) The department, within 7 days after the date of receiving an answer or amended

answer from the respondent, shall send a copy by mail or electronic service, with proof of

service, to the claimant’s last known address of record or to the claimant’s counsel.

History: 1979 AC; 2023 MR 10, Eff. May 16, 2023.

R 37.12 Hearing.

Rule 12. (1) Upon or after the issuance and service of a department-issued charge, the

commission or director may schedule and summon the parties to a hearing. The

commission may, at any time, schedule and conduct a hearing with respect to any matter

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that in the judgment of the commission may involve unlawful discrimination and may

warrant investigation by the commission, regardless of whether a charge or complaint has

been filed by or with the department.

(2) Notice of the time and place of the hearing must be mailed, electronically served,

or delivered to the parties not less than 21 days before the date of the hearing. Upon good

cause shown, the commission or director may order a hearing upon shorter notice.

However, notice of the time and place of a hearing upon shorter notice must be mailed,

electronically served, or delivered to the parties not less than 7 days before the date of the

hearing, unless notice is waived by each party.

(3) A hearing must be conducted by 1 or more hearing commissioners, or 1 or more

hearing referees, or any combination of hearing commissioners or hearing referees. The

hearing commissioners or hearing referees shall hear the evidence and report to the

commission.

(4) Unless waived by the hearing commissioners or hearing referees, the claimant

shall be present at the hearing. The respondent may appear at the hearing in person or by

counsel, examine and cross-examine witnesses and, if an answer has been filed, may

submit oral testimony and other evidence in support of the answer.

(5) Subject to R 37.31, hearings must be held at a place designated by the

commission or director having due regard for the convenience of the parties and

witnesses.

(6) The case in support of the charge must be presented at the hearing by the

department's counsel or by a member of the department's staff, or upon notice from the

claimant, by the claimant or his or her counsel, subject to the right of the department to

present additional evidence or arguments.

(7) Hearing commissioners or hearing referees have full authority to control the

procedure of the hearing, admit or exclude testimony or other evidence without regard to

strict rules of evidence, and rule upon all motions and objections, and may do any of the

following:

(a) By motion or at the request of a party, order witnesses excluded so that they

cannot hear the testimony of other witnesses. The hearing commissioners or hearing

referees shall not exclude a party, an individual designated by a party as its

representative, or a person whose presence is shown by a party to be essential to the

party's presentation of his or her position.

(b) Examine witnesses and direct the production of papers or other evidence.

(c) Hear oral testimony. Oral testimony must be given under oath or affirmation and

verbatim stenographic notes of the hearing must be made and maintained by a competent

reporter. Transcripts must be maintained and, before the issuance of a final order, be

available to the hearing commissioners or hearing referees. Parties may obtain transcripts

by making arrangements with the reporters, and the department is not responsible for

providing transcripts to the parties before the issuance of final orders.

(8) If hearings are conducted by 3 or more commissioners or referees, all rulings and

determinations are made by majority rule.

(9) Evidence of the department's endeavors at conciliation is not admissible at the

hearing.

(10) Hearing commissioners or hearing referees or a party may request a prehearing

conference that the hearing commissioner or hearing referee may schedule, subject to

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objection by any party. A prehearing conference may be held to obtain admissions,

stipulations as to fact and law, agreement on the issues, and to determine the authenticity

of documents. A prehearing conference may be held in-person, by telephone,

videoconference, or other electronic means. Written stipulations may be introduced in

evidence if signed by each person sought to be bound, or by his or her counsel. Oral

stipulations may be made on the record at open hearing.

(11) Hearing commissioners or hearing referees may continue a hearing from day to

day or adjourn it to a later date or to a different place by an announcement at the hearing

or by appropriate notice to all parties.

(12) Hearing commissioners or hearing referees shall allow the parties, their

counsel, or the member of the department's staff presenting the case in support of the

charge, and may allow interveners, to argue orally before them and to file briefs within

the time limits the hearing commissioners or hearing referees determine.

(13) Hearing commissioners or hearing referees may exclude any person who

engages in improper conduct before them from the hearing room or from further

participation in the proceeding, except a party, his or her counsel, or a witness engaged in

testifying, each of whom are subject to appropriate disciplinary action by the

commission.

(14) Hearings must be open to the public, unless the hearing commissioners or

hearing referees determine otherwise.

(15) Any motion filed by a party after the issuance of a charge and before the

hearing must be referred to the hearing commissioners or hearing referees for decision.

The hearing commissioners or hearing referees may request briefs and schedule oral

arguments, as they consider necessary, and, where appropriate, they may reserve their

ruling until the conclusion of the hearing. All rulings upon motions must be included in

the report of the hearing commissioners or hearing referees to the commission.

(16) A party may submit, or the hearing commissioners or hearing referees may

request, proposed findings of fact, proposed conclusions of law, and proposed orders at

the conclusion of the hearing. All proposals must be submitted to the commission with

the report of the hearing commissioners or hearing referees.

History: 1979 AC; 2023 MR 10, Eff. May 16, 2023.

R 37.13 Service of documents upon counsel.

Rule 13. If counsel has appeared in writing on behalf of a party, a copy of any

notice, pleading, or other document required to be sent to a party under these rules shall

be mailed to counsel instead of the party, unless there is a written request from the party

or counsel that a copy be mailed to the party also.

History: 1979 AC.

R 37.14 Orders to submit pertinent material and require attendance of

witnesses; other powers; cost of service; witness and mileage fees.

Rule 14. (1) At the instance of a party or on its own behalf, the commission or

the department may order the submission of books, papers, records, and other pertinent

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material, and require the attendance of witnesses, administer oaths, take testimony

and receive evidence, and compel, through court authorization, compliance with its

orders.

(2) Where an order is issued at the instance of a party to the inquiry or proceedings,

other than the commission or a member thereof, or the department, the cost of service

and witness and mileage fees shall be borne by the party at whose instance it has been

requested and issued. When an order is issued at the instance of the commission, or a

member thereof, or the department, the cost of such service and witness and mileage

fees shall be borne by the commission or department. Such witness and mileage fees

shall be the same as are paid to witnesses in the circuit courts of the state of Michigan.

History: 1979 AC.

R 37.15 Depositions.

Rule 15. In accordance with the Michigan general court rules, the commission,

or any member thereof, or the director, on its own motion or on the application of 1 of

the parties, may take or cause to be taken depositions of witnesses residing within or

without the state.

History: 1979 AC.

R 37.16 Order issued after hearing.

Rule 16. (1) An order of the commission issued after hearing shall set forth the

findings of fact and the basis for its decision. Following a hearing conducted under R

37.12, and prior to a final order, the commission shall transmit to the parties a copy

of the report of the hearing commissioners or referees and shall give parties an

opportunity to file exceptions and present written arguments to the commission. The

commission may permit oral argument prior to its final decision.

(2) If upon the evidence at the hearing the commission shall find that a respondent

has engaged in any unlawful discrimination, the commission shall state its findings of

fact and may issue an order requiring such respondent to cease and desist from such

unlawful discriminatory act and to take such affirmative action as the commission may

deem appropriate, which may include reporting from time to time the manner and

extent of compliance. If upon the evidence the commission shall find that a

respondent has not engaged in unlawful discrimination, the commission shall state its

findings of fact and shall issue an order dismissing the charge as to such respondent.

(3) Copies of orders shall be served upon parties, interveners, and their counsel

by registered or certified mail, return receipt requested, or by such other means as are

reasonably calculated to give actual notice, accompanied by a notice of the statutory right

to judicial appeal.

(4) All orders issued after a hearing shall be filed with the director. Such orders

shall be open to public inspection during regular office hours of the department.

(5) When deemed by the commission necessary to safeguard the interest of persons

concerned and to prevent injustice, the commission at any time prior to or subsequent

to the issuance of a charge may issue its own order or the commission or the department

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may apply to an appropriate court for the issuance of an order directed to or against any

person or persons enjoining or prohibiting any conduct or threat thereof which violates

or jeopardizes any of the rights of any person or persons guaranteed by law or the

constitution.

History: 1979 AC.

R 37.17 Reopening of proceedings.

Rule 17. The commission upon its own motion, or upon request of any party or

intervener, whenever justice so requires, may at any time reopen any closed proceeding

upon notice to all parties and interveners. The department may reopen any proceeding

closed by the department in the same manner.

History: 1979 AC.

R 37.18 Appeals from order of commission.

Rule 18. Any party claiming to be aggrieved by a final order of the commission

or the department, including without limitation a refusal to issue a charge, may appeal

to the circuit court of the state of Michigan having jurisdiction provided by law within

30 days of the date of service of an appealable order.

History: 1979 AC.

R 37.19 Modification or setting aside of orders.

Rule 19. Until an appeal shall have been filed in a court, as provided in R 37.18,

the commission may, at any time, upon reasonable notice and in such manner as it shall

deem proper, modify or set aside, in whole or in part, any findings or order made by it.

History: 1979 AC.

R 37.20 Declaratory ruling.

Rule 20. (1) The commission, on petition of an interested person, may issue a

declaratory ruling as to the applicability of a statute, regulation, or rule to an actual

state of facts upon submission to the commission of each of the following:

(a) A clear and concise statement of the facts.

(b) A legal brief, memorandum, or other reference to legal authorities relied upon.

(2) The commission, if it determines it shall issue a declaratory ruling, shall

furnish the person with a statement to that effect and set forth the time in which the

commission shall issue the ruling. The commission shall not issue a declaratory ruling

after a complaint has been filed with the department.

(3) A ruling shall contain the statement of facts upon which it is based and the legal

authority on which the commission relies. A ruling, once issued, is binding on the

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commission and the commission may not retroactively change the ruling, but nothing

in this rule shall prohibit the commission from prospectively changing a ruling.

History: 1979 AC.

R 37.21 Rules; adoption; amendment or rescission.

Rule 21. New rules may be adopted and any rule may be amended or rescinded

by the commission at a regular or special meeting, provided that not less than 5 members

are present and voting in favor of such amendment and notice thereof shall have been

given to all members of the commission not less than 10 days before the meeting at

which action it is to be taken.

History: 1979 AC.

R 37.22 Rules; availability; construction.

Rule 22. (1) The rules of the commission shall be available to the public at all

offices of the department.

(2) These rules shall be liberally construed to accomplish the purposes of the

constitution and the policies of the commission.

History: 1979 AC.

R 37.23 Guidelines.

Rule 23. The commission may adopt interpretive or procedural guidelines, or both,

at a regular or special meeting, if not less than 5 members are present and are voting in

favor of such guidelines and notice thereof is given to all members of the commission

not less than 10 days before the meeting at which action is to be taken. Guidelines

may be amended or rescinded by the same procedure. The guidelines shall be available

to the public at all offices of the department.

History: 1979 AC.

R 37.24 Record making and keeping; disclosure.

Rule 24. (1) Any person who wishes, for purposes not inconsistent with the

constitution and statutes, to make any of the records prohibited by sections 206 and

402(c) of Act No. 220 of the Public Acts of 1976 and sections 206 and 402(c) of Act

No. 453 of the Public Acts of 1976, being SS37.1206, 37.1402(c), 37.2206, and

37.2402(c) of the Michigan Compiled Laws, may apply to the commission, stating the

specific purpose, method of compilation, and disposition of such information. The

commission may permit the making or keeping of such records for limited periods upon

such application.

(2) A person subject to section 206 of Act No. 453 of the Public Acts of 1976 and

section 206 of Act No. 220 of the Public Acts of 1976, being SS37.2206 and 37.1206

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of the Michigan Compiled Laws, shall, upon request of the department or commission,

disclose information covered by the above sections and shall not thereby be in violation

of those provisions. A person subject to the same sections may retain records and

information previously and lawfully obtained from prospective employees, but may not

disclose that information, except as provided in this rule.

History: 1979 AC.

R 37.25 Exemption from particular section of act; bona fide occupational

qualification (BFOQ).

Rule 25. (1) A person subject to article 2 of the Elliott-Larsen civil rights act, 1976

PA 453, MCL 37.2201 to 37.2211, may apply to the commission for exemption from

particular sections of article 2 of the Elliott-Larsen civil rights act, 1976 PA 453, MCL

37.2201 to 37.2211, on the basis that religion, national origin, age, height, weight, or sex

is a bona fide occupational qualification (BFOQ). An application for a BFOQ exemption

may be obtained from the department’s office of legal affairs or via the website at

www.michigan.gov/mdcr.

(2) The commission may direct the department to investigate any matter deemed

relevant to an application, and the applicant shall make available all records, documents,

data, or other information requested by the department or commission. Failure to provide

this information results in denial of the application.

(3) An exemption must not be granted if the same facts and circumstances are at

issue in a complaint pending before the department or commission. Upon a sufficient

showing, the commission may grant an exemption. The exemption may be later revoked

by the commission if the commission obtains other or different information, but the

revocation is prospective. Any person obtaining an exemption shall notify the

commission if and when the classification exempted is no longer utilized.

(4) An approved BFOQ exemption is effective for not more than 5 years after the

date of the order of exemption issued by the commission.

(5) Within 21 days’ after notice to the person to whom an approved BFOQ

exemption has been granted, the commission may revoke the BFOQ exemption by a

majority vote of the commission.

(6) An application to renew a BFOQ exemption may be submitted on the application

form provided by the department.

History: 1979 AC; 2023 MR 10, Eff. May 16, 2023.

R 37.26 Agreement or memorandum of understanding with local human

rights agency or commission.

Rule 26. With the approval of the commission, the department may enter into

agreements or memoranda of understanding with local human rights agencies or

commissions, where such agreements shall facilitate the purposes of the constitution

and civil rights statutes administered by the department and the commission. The

agreements may include certification for the investigation of deferred complaints.

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History: 1979 AC.

R 37.27 Voluntary plans.

Rule 27. (1) Any person requesting approval of a plan in accordance with the

provisions of sections 210 and 507 of Act No. 453 of the Public Acts of 1976, and

sections 208, 403, and 507 of Act No. 220 of the Public Acts of 1976, being SS37.2210,

37.2507, 37.1208, 37.1403, and 37.1507 of the Michigan Compiled Laws, may submit

the plan by filing it at any office of the department and requesting approval.

(2) The commission may direct the department to obtain such information as it

deems necessary to approve or disapprove a plan. The person requesting approval

shall make available all records or information requested, and such information shall

be deemed confidential. Information required shall include, but shall not be limited to,

all of the following:

(a) Verification that the person requesting approval is not subject to any federal or

state court order covering any of the practices involved in the plan.

(b) A statement of all court or agency enforcement actions presently pending.

(c) A statement of any voluntary plans previously filed with other state or federal

agencies.

(d) A statement of the purpose of the plan.

(3) The commission may, prior to approving or disapproving any plan, indicate to

the person requesting approval areas needing improvement in the plan, and the

commission may disapprove or refuse further consideration of any plan unless such

improvements are made.

History: 1979 AC.

R 37.28 Method for calculation of days.

Rule 28. (1) All time is measured in days unless another rule specifically provides a

different method.

(2) When counting the number of days, Saturdays, Sundays, and state holidays

must be included, subject to subrule (4) of this rule.

(3) “Day 1,” the first day for counting, is the day after the event.

(4) When counting the number of days, the last day of the counting period is

included, unless it is a Saturday, Sunday, state holiday, or other day when state offices

are closed, in which cases the last day becomes the next day state offices are open for

business.

History: 2023 MR 10, Eff. May 16, 2023.

R 37.29 Mail and electronic service.

Rule 29. (1) Mailing a copy under these rules means enclosing it in a sealed

envelope with first class postage fully prepaid, addressed to the person to be served, and

depositing the envelope and its contents in the United States mail. Service by mail is

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complete upon mailing. Electronic service must be by email. When filing documents by

email, all of the following apply:

(a) All documents must be in PDF format.

(b) The email subject line must include the case name, department case number, and

title of each document being sent.

(c) An email sent at or before 11:59 p.m. is considered served on that day. If the

email is sent on a Saturday, Sunday, or legal holiday, it is deemed to be served on the

next business day.

(2) Both mailing and electronic service require proof of service. Proof of service must

be by written acknowledgment of service, or a written statement by the individual who

served the documents.

(3) Proof of service may be satisfied in documents filed through mail or email, or

both, with the following written statement:

PROOF OF SERVICE

I, ___[name]____, certify, under penalty of perjury, that on __[date]___, I caused a

copy of the above document to be served by __[mail/email]__ on ____[other party

name]_____.

/s/ [electronic signature]

[name]

History: 2023 MR 10, Eff. May 16, 2023.

R 37.30 Signature.

Rule 30. (1) The claimant’s signature on a certified complaint form means all of the

following apply:

(a) Claimant has read the document.

(b) To the best of claimant’s knowledge, information, and belief the allegations are

grounded

in fact.

(c) The certified complaint is made in good faith and not made for any improper

purpose, including to harass or to cause unnecessary expense.

(2) Retention of a signature electronically affixed to a document that will be retained

in electronic format must not depend on the mechanism that was used to affix that

signature.

History: 2023 MR 10, Eff. May 16, 2023.

R 37.31 Manner of hearings.

Rule 31. (1) Hearings scheduled in accordance with R. 37.7 and R. 37.12 may be

held in person or remotely, or both, at the discretion of the commission and in a manner

as determined by the commission.

(2) If a remote hearing is initially scheduled for a hearing pursuant to R 37.7, the

claimant must be provided an opportunity to request an in-person hearing. A request for

an in-person hearing must be made in writing to the commission within 7 days of the

hearing notice.

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(3) If a remote hearing is initially scheduled for a hearing pursuant to R 37.12, a

party may request an in-person hearing within 7 days of the hearing notice.

(4) Requests for in-person hearings are considered on a case-by-case basis and

granted only if both of the following requirements are met:

(a) A reasonable, good cause showing of accessibility limitations, specific

evidentiary issues, or other unique circumstance.

(b) An agreement to comply with specific requirements for in-person hearings.

History: 2023 MR 10, Eff. May 16, 2023.

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