DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS

MICHIGAN OFFICE OF ADMINISTRATIVE HEARINGS AND RULES

ADMINISTRATIVE HEARING RULES

(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. 1995-6, 1997-2, and 1998-2, MCL 324.99903,

29.451, and 29.461; 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 (Ex Sess) PA 1, MCL

421.34, and Executive Reorganization Order Nos. 1996-2 and 2003-1, MCL 445.2001 and

445.2011.

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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 445.2001 and 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. 1996-6 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)

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CONTENTS

ADMINISTRATIVE HEARING RULES

PART 1 - PART 19

PART 1: GENERAL

PART 3: DEPARTMENT OF ENVIRONMENTAL QUALITY AND DEPARTMENT OF NATURAL

RESOURCES

PART 4: PUBLIC SERVICE COMMISSION.

PRACTICE AND PROCEDURE BEFORE THE COMMISSION

SUBPART A. GENERAL PROVISIONS

SUBPART B. INTERVENTIONS

SUBPART C. HEARINGS

SUBPART D. REOPENINGS AND REHEARINGS

SUBPART E. COMPLAINTS

SUBPART F. SPECIFIC PROCEEDINGS

SUBPART G. DECLARATORY RULINGS

PART 5: DEPARTMENT OF TRANSPORTATION

SUBPART A. BUREAU OF HIGHWAY TECHNICAL SERVICES – HEARINGS ON TRAFFIC CONTROL

ORDERS

SUBPART B. BUREAU OF HIGHWAY TECHNICAL SERVICES DRIVEWAYS, BANNERS, AND

PARADES ON AND OVER HIGHWAYS HEARINGS AND APPEALS

SUBPART C. OFFICE OF HIGHWAY SAFETY RELOCATION ASSISTANCE

SUBPART D. BUREAU OF HIGHWAY TECHNICAL SERVICES ADVERTISING ADJACENT TO

HIGHWAYS – HEARINGS AND APPEALS

PART 6: DEPARTMENT INSURANCE AND FINANACIAL SERVICES

PART 7: LICENSING AND REGULATORY AFFAIRS HEALTH CODE BOARDS. DISCIPLINARY

PROCEEDINGS

PART 8: DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS

CORPORATIONS, SECURITIES & COMMERCIAL LICENSING BUREAU

PART 9: DEPARTMENT OF COMMUNITY HEALTH PROVIDERS

HEARING PROCEDURES

SUBPART A. EMERGENCY MEDICAL SERVICES PERSONNEL LICENSING

SUBPART B.MEDICAL SERVICES ADMINISTRATION

MSA PROVIDER HEARINGS

SUBPART C. LEGISLATION AND POLICY CERTIFICATE OF NEED

PART 10: DEPARTMENT OF HUMAN SERVICES & DEPARTMENT OF COMMUNITY HEALTH

SUBPART A. PUBLIC BENEFITS

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SUBPART B. DEBT ESTABLISHMENT

SUBPART C. ADOPTION SUBSIDY

SUBPART D. ADULT FOSTER CARE FACILITY LICENSING AND CHILD CARE ORGANIZATION

SUBPART E. EXPUNCTION HEARINGS

PART 11. OCCUPATIONAL SAFETY AND HEALTH

SUBPART A. GENERAL PROVISIONS

SUBPART B. CITATION & MODIFICATION OF ABATEMENT HEARINGS

SUBPART C. VARIANCE HEARINGS

PART 12: WAGE AND FRINGE BENEFIT HEARINGS

PART 13: WORKERS’ COMPENSATION HEARINGS AND APPEALS

SUBPART A. WORKERS’ COMPENSATION BOARD OF MAGISTRATES

SUBPART B. MICHIGAN COMPENSATION APPELLATE COMMISSION

PART 14: EMPLOYMENT SECURITY HEARINGS AND APPEALS

SUBPART A. GENERAL PROVISIONS

SUBPART B. APPEALS TO ADMINISTRATIVE LAW JUDGES

SUBPART C. MICHIGAN COMPENSATION APPELLATE COMMISSION

APPEALS UNEMPLOYMENT CASES

PART 15. EMPLOYMENT RELATIONS COMMISSION. GENERAL RULES

PART 16: OFFICE OF RETIREMENT SERVICES

SUBPART A. GENERAL HEARING RULES

PART 17: TEACHER CERTIFICATION

PART 18: SPECIAL EDUCATION HEARINGS

PART 19: CORRECTIONS

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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 under Executive

Reorganization Order Nos. 2005-1, 2011-4, 2011-6, 2019-1, and 2019-3, MCL 445.2021,

445.2032, 324.99923, and 125.1998.

(2) Subject to prevailing practices and procedures established by state and federal statutes

and the rules for specific types of hearings contained in parts 2, 3, and 5 to 19 of these rules, the

rules in this part apply to all administrative hearings conducted by the hearing system, except

hearings specifically exempted under Executive Reorganization Order Nos. 2005-1, 2011-4, and

2011-6, MCL 445.2021, 445.2030, and 445.2032.

(3) The rules in this part do not govern part 4 proceedings before the Michigan public

service commission, except R 792.10106(2), (3), (4), (5), (6), and (7), provisions for

disqualification and recusal of administrative law judges, and R 792.10121, provisions for

telephone and electronic hearings.

(4) The rules in this part do not govern proceedings before the employment relations

commission, except R 792.10106(2), (3), (4), (5), (6), and (7), provisions for disqualification and

recusal of administrative law judges, and R 792.10121, provisions for telephone and electronic

hearings.

History: 2015 AACS; 2016 AACS; 2023 MR 19, Eff. Sept. 29, 2023.

R 792.10102 Construction of rules.

Rule 102. (1) These procedural rules shall be construed to secure a fair, efficient, and

impartial determination of the issues presented in contested cases consistent with due process.

(2) These rules are not intended to displace any statutorily mandated procedure. If a statute

prescribes a procedure that conflicts with these rules, the statute governs.

(3) If an applicable rule does not exist, the 1985 Michigan rules of court and the provisions

of chapter 4 of the administrative procedures act of 1969, 1969 PA 306, MCL 24.271 to 24.287

apply.

(4) A heading or title of a part or section of these rules shall not be considered as a part of

the rules or used to construe these rules more broadly or narrowly than the text of these rules

would indicate, but shall be considered as inserted for the convenience to users of these rules.

History: 2015 AACS.

R 792.10103 Definitions.

Rule 103. As used in these rules:

(a) “Act” means the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to

24.328.

(b) “Adjournment” means a postponement of a hearing to a later date.

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(c) “Administrative law judge” means any person assigned by the hearing system to preside

over a contested case or other matter, including, but not limited to, a tribunal member, hearing

officer, presiding officer, referee, or magistrate.

(d) “Administrator” means the person, commission, or board with final decision-making

authority in a contested case, other than an administrative law judge or a tribunal member.

(e) “Agency” means a bureau, division, section, unit, board, commission, trustee, authority,

office, or organization within a state department, created by the constitution, statute, or

department action. Agency does not include an administrative unit within the legislative or

judicial branches of state government, the governor’s office, a unit having direct governing

control over an institution of higher education, the state civil service commission, or an

association of insurers or nonprofit organization of insurer members created under the insurance

code of 1956, 1956 PA 218, MCL 500.100 to 500.8302.

(f) “Authorized representative” means an individual, other than an attorney, who has been

given legal authority to represent a party in a proceeding.

(g) “Contested case” means a proceeding or evidentiary hearing in which a determination of

the legal rights, duties, or privileges of a named party is made after an opportunity for a hearing.

(h) “Continuance” means a resumption of a hearing at a later date under these rules.

(i) “Date of receipt” means the date on which the hearing system receives a filing.

(j) “Department” means the department of licensing and regulatory affairs, unless otherwise

specified as a separate constitutionally created state department.

(k) “Electronic signature” means an electronic symbol attached to or logically associated

with a document or pleading and executed or adopted by a person with the intent to sign the

document or pleading. This may be a graphic image of the signature or text designated as a

signature, such as “/s/ John Smith,” “/s/ John Smith, Attorney,” or “/s/ John Smith, Authorized

Representative”.

(l) “Hearing system” means the Michigan office of administrative hearings and rules created

under the authority of Executive Reorganization Order Nos. 2005-1 and 2019-1, MCL 445.2021

and 324.99923.

(m) “Person” means an individual, partnership, corporation, association, municipality,

agency, or any other entity.

(n) “Petitioner” means a person who files a request for a hearing.

(o) “Referring authority” means a court, state, or local political subdivision including, but not

limited to, a department, agency, bureau, tribunal, mayor, city council, township supervisor,

township board, village manager, or village board.

(p) “Respondent” means a person against whom a proceeding is commenced.

History: 2015 AACS; 2023 MR 19, Eff. Sept. 29, 2023.

R 792.10104 Computation of time.

Rule 104. (1) In computing any period of time contemplated by these rules, the time in

which an act is to be done is computed by excluding the first day, and including the last day,

unless the last day is a Saturday, Sunday, or state legal holiday, in which case the period will run

until the end of the next day following the Saturday, Sunday, or state legal holiday.

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(2) Unless otherwise specified by the administrative law judge, rule, or statute, the date of

receipt of a filing by the hearing system is the date used to determine whether a pleading or other

paper has been timely filed with the hearing system.

(3) Except where otherwise specified, a period of time in these rules means calendar days,

not business days.

(4) Unless otherwise specified by the administrative law judge, rule, or statute, the date on

which a document is considered filed is governed by R 792.10109(3).

History: 2015 AACS; 2023 MR 19, Eff. Sept. 29, 2023.

R792.10105 Motion for extension of time.

Rule 105. Requests for extensions of any time limit established in these rules shall be made

by written motion and filed with the hearing system before the expiration of the period originally

prescribed or previously extended, except as otherwise provided by law, or by stipulation of the

parties. A motion under this rule shall be granted only for good cause or on the written

stipulation of the parties, and only if the order for extension does not conflict with R 792.10102.

History: 2015 AACS.

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 when

appropriate:

(a) Conduct a full, fair, and impartial hearing.

(b) Take action to avoid unnecessary delay in the disposition of proceedings.

(c) Regulate the course of the hearing and maintain proper decorum. An administrative law

judge may exercise discretion with regard to the exclusion of parties, their attorneys, or

authorized representatives or other persons, and may adjourn hearings when necessary to avoid

undue disruption of the proceedings.

(d) Administer oaths and affirmations.

(e) Provide for the taking of testimony by deposition.

(f) Rule upon offers of proof.

(g) Rule upon motions and examine witnesses.

(h) Limit repetitious testimony and time for presentations.

(i) Set the time and place for continued hearings.

(j) Fix the time for the filing and service of briefs and other documents to the hearing

system and the other parties.

(k) Direct the parties to appear or confer, or both, to consider clarification of issues,

stipulations of facts, stipulations of law, settlement, and other related matters.

(l) Require the parties to submit filings, including, but not limited to, proposed prehearing

orders and legal memoranda.

(m) Examine witnesses as deemed necessary by the administrative law judge to complete a

record or address a statutory element.

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(n) Grant applications for subpoenas and subpoena witnesses and documents to the extent

authorized by statute.

(o) Issue proposed orders, proposals for decision, and final orders and take any other

appropriate action authorized by law.

(p) On motion, or on an administrative law judge’s own initiative, adjourn hearings, except

where statutory provisions limit adjournment authority.

(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 may be recused or disqualified from 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 the 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 must

be incorporated into the hearing record.

(5) Any party seeking to disqualify an administrative law judge shall promptly move for the

disqualification after receiving notice indicating that the administrative law judge will preside or

upon discovering facts establishing grounds for disqualification, whichever is later. A motion

under this section must be made in writing and accompanied by an affidavit setting forth specific

allegations that demonstrate the facts upon which the motion 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 must be assigned to continue the case by the hearing

system director or the hearing system director's 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 subrule 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 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:

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(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, 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.

(10) The most current publication entitled "American Bar Association, A Model Code of

Judicial Conduct for State Administrative Law Judges" may be referenced, as applicable, in

proceedings conducted under these rules.

History: 2015 AACS; 2023 MR 19, Eff. Sept. 29, 2023.

R 792.10107 Attorneys and authorized representation; service; withdrawal and

substitution.

Rule 107. (1) A party may appear in person, by an attorney, or by an authorized

representative where permitted by law. To appear on behalf of a party, an attorney or authorized

representative must file a notice of appearance, unless the first appearance is made on the record

in a proceeding. A pleading, motion, or other document signed and filed by an attorney or

authorized representative on behalf of a party is a notice of appearance by the attorney or

authorized representative. After a notice of appearance has been filed or made on the record, all

papers in a proceeding must be served on the person who appeared or on the person whose name

appears on the notice of appearance or filing, at the address identified by the person or on the

appearance or filing, and is service on the represented party. Parties must notify the hearing

system of any changes in address and phone number within 7 days of the change.

(2) Upon notice, an attorney or authorized representative who has entered an appearance

may withdraw from the case. Timely notice of withdrawal or substitution must be provided to all

parties, their attorneys or authorized representatives, and the administrative law judge.

History: 2015 AACS; 2023 MR 19, Eff. Sept. 29, 2023.

R 792.10108 Correction of transcripts.

Rule 108. (1) The administrative law judge may specify corrections to an official hearing

transcript or make provisions for any party to request relevant corrections of the official hearing

transcript.

(2) If the administrative law judge specifies the corrections, the administrative law judge

shall provide 7 days notice to all parties and a reasonable time for responses in support of or in

opposition to all or part of the proposed corrections.

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(3) If a party files a request for corrections, all other parties may, within 7 days after the

filing, file a response to the proposed corrections.

(4) The administrative law judge shall specify the corrections made to the transcript, either

upon the record or by order served on all parties.

(5) Clerical mistakes in judgments, orders, or other parts of the record and errors arising

from oversight or omission may be corrected with notice to the parties.

History: 2015 AACS.

R 792.10109 Filings with the hearing system.

Rule 109. (1) Documents and pleadings may be filed in a hearing system proceeding by

mail, personal delivery, facsimile, or electronically using a hearing system-approved electronic

filing system, if available.

(2) Except as otherwise approved by the administrative law judge, all filings must be legible

with a minimum 12-point font for body text and no less than 10-point font for footnote text and,

unless filed electronically using a hearing system-approved electronic system, on 8-½ by 11-inch

paper.

(3) Documents and pleadings filed by mail, personal delivery, or facsimile and received by

the hearing system after 5 p.m. eastern standard time are considered filed on the next business

day. Documents and pleadings submitted using a hearing system-approved electronic filing

system, or by email when specifically authorized under subrule (6) of this rule, are considered

filed on the same business day if filed at or before 11:59 p.m. eastern standard time.

(4) Submission by facsimile is allowed only if the following conditions are met:

(a) A cover sheet is included that contains the following:

(i) Case name.

(ii) Case number.

(iii) Document title.

(iv) The sender’s name, telephone number, and facsimile number.

(v) The total number of pages contained in the submission, including the cover sheet.

(b) The facsimile consists of 20 pages or less.

(c) The party immediately sends a facsimile copy of the filing to all other parties when a

facsimile number is available. If a facsimile number is not available, the party must serve the

submission to all other known parties pursuant to the requirements of these rules.

(5) If a document or pleading must be signed, it must contain a handwritten signature or an

electronic signature.

(6) Documents and pleadings will not be accepted by 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

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document or physical evidence by submitting a written request stating with specificity the

information in question.

History: 2015 AACS; 2023 MR 19, Eff. Sept. 29, 2023.

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 must serve all documents and pleadings filed in a hearing system

proceeding on all other parties. Unless otherwise directed by the administrative law judge, the

parties are the persons named in the case caption. If an appearance has been filed by an attorney

or authorized representative of a party, documents and pleadings must be served on the attorney

or authorized representative.

(2) Service between the parties may be completed electronically if the parties agree to

service by email, subject to all of the following:

(a) The agreement for service by email must set forth the email addresses of the parties or

attorneys that agree to email service.

(b) Parties and attorneys that have agreed to service by email must immediately notify all

other parties if the party’s or attorney’s email address changes.

(c) Documents served by email must be in a file format that prevents alteration of the

document contents.

(d) A document served by email sent on a business day is deemed served on a party on the

same business day that the email is sent if sent at or before 11:59 p.m. eastern standard time. A

document served by email sent on a non-business day is deemed served on the next business day.

(e) The parties need not file a copy of the email service agreement, as provided by rule

2.107 of the Michigan court rules, unless a dispute arises as to service by email.

(f) The party serving a document by email must maintain an archived record of all emails

through which service was made.

(3) The hearing system may serve documents on the parties, the parties’ attorney, or the

parties’ authorized representative by mailing a copy, as that term is defined in subrule (9) of this

rule.

(4) 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) When service of any document or pleading is completed by hand, facsimile, or a hearing

system-approved electronic filing system, 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) The person or party serving documents on other parties pursuant to this rule 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 must also state the email

addresses of the sender and the recipient. Failure to file the statement of service does not affect

the validity of service.

(7) If a question concerning proper service is raised, the person or party claiming to have

effectuated proper service bears the burden of proof. When service is made by mail, a return post

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office receipt may be proof of service. When service is made by private delivery service, the

receipt showing delivery is sufficient proof of service. When service is made in any other manner

authorized by these rules, verified proof of service 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 disputes with respect to proper service.

(8) The administrative law judge assigned by the hearing system may decline to consider

any document or pleading not served pursuant to these rules.

(9) As used in this rule, "mailing a copy" 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.

History: 2015 AACS.; 2023 MR 19, Eff. Sept. 29, 2023.

R 792.10111 Notice of hearing.

Rule 111. If the notice of hearing is issued by the hearing system, the notice must contain,

at a minimum, all of the following:

(a) The address and phone number, if available, of the hearing location, or other

information, such as remote access codes, necessary to participate in the hearing.

(b) A statement of the date, hour, place, and nature of the hearing.

(c) A statement that all hearings will be conducted in a barrier-free location and in

compliance with the Americans with disabilities act, 42 USC 12101 to 12213, provisions. The

notice must inform the parties that if accessibility is requested, such as braille, large print,

electronic or audio reader, information that is to be made accessible must be submitted to the

hearing system at least 14 business days before the hearing. If the hearing system is unable to

accomplish the conversion before the date of the hearing, an adjournment must be granted. If a

party fails to provide information for conversion pursuant to this rule, the administrative law

judge may deny adjournment.

(d) A statement of the legal authority and jurisdiction under which the hearing is being held.

(e) The action intended by the agency, if any.

(f) A statement of the issues or subject of the hearing. On request, the administrative law

judge may require the agency or a party to furnish a more definite and detailed statement of the

issues.

(g) A citation to these rules.

History: 2015 AACS; 2023 MR 19, Eff. Sept. 29, 2023.

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R 792.10112 Assignment of docket number.

Rule 112. Upon receipt of a request for a hearing, the hearing system shall assign a docket

number to the proceeding.

History: 2015 AACS.

R 792.10113 Mailing address and telephone number of parties.

Rule 113. (1) All parties to a case shall keep the hearing system informed of their current

mailing addresses, telephone numbers, and facsimile numbers.

(2) Failure to keep the hearing system informed of a current mailing address, telephone

number, or facsimile number may result in the hearing proceeding in the absence of a party who

fails to appear.

History: 2015 AACS.

R 792.10114 Prehearing conferences.

Rule 114. (1) The administrative law judge may hold a prehearing conference to resolve

matters before the hearing.

(2) A prehearing conference may address matters including, but not limited to, any of the

following:

(a) Issuance of subpoenas.

(b) Factual and legal issues.

(c) Stipulations.

(d) Requests for official notice.

(e) Identification and exchange of documentary evidence.

(f) Admission of evidence.

(g) Identification and qualification of witnesses.

(h) Motions.

(i) Order of presentation.

(j) Scheduling.

(k) Alternative dispute resolution.

(l) Position statements.

(m) Settlement.

(n) Any other matter that will promote the orderly and prompt conduct of the hearing.

(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 may issue a

prehearing order 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.

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(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.

History: 2015 AACS; 2023 MR 19, Eff. Sept. 29, 2023.

R 792.10115 Motion practice.

Rule 115. (1) All requests for action addressed to the administrative law judge, other than

during a hearing, must be made in writing. Written requests for action must state specific

grounds and describe the action or order sought. A copy of all written motions or requests for

action must be served pursuant to these rules.

(2) Except as otherwise approved by the administrative law judge, all motions must be filed

at least 14 days before the date set for hearing unless other scheduling provisions prevent

compliance with this timeline or the need for the motion was not reasonably foreseeable 14 days

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 must include citations to supporting authority and, if

germane, supporting affidavits or citations to evidentiary materials of record.

(5) The administrative law judge 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 must be made in writing.

(7) Notice of oral argument on a motion must be given 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 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 must be

incorporated in a written order, the proposal for decision, or the final order.

History: 2015 AACS; 2023 MR 19, Eff. Sept. 29, 2023.

R 792.10116 Stipulations.

Rule 116. (1) The parties may agree upon facts, or any portion of facts, in controversy by

written stipulation or by a statement entered into the record.

(2) Stipulations shall be used as evidence at the hearing or subsequent proceedings.

(3) Stipulations are binding on the parties that have acknowledged acceptance of the

stipulations.

History: 2015 AACS.

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R 792.10117 Discovery.

Rule 117. Except as otherwise provided for by statute or rule or by leave of the

administrative law judge, discovery in a contested case shall not be allowed.

History: 2015 AACS.

R 792.10118 Joint hearing; consolidation of proceedings; other orders.

Rule 118. When separate pending cases involve a substantial and controlling common

question of fact or law, the administrative law judge may take any of the following actions:

(a) Order a joint hearing on any or all of the issues noticed for hearing.

(b) Order consolidation of the cases.

(c) Issue additional orders that expedite proceedings in a cost effective manner.

History: 2015 AACS.

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 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.

History: 2015 AACS; 2023 MR 19, Eff. Sept. 29, 2023.

R 792.10120 Record.

Rule 120. (1) The hearing system shall maintain an official record of each case or

proceeding.

(2) The record shall include all of the following:

(a) Notice of hearings and orders of adjournment.

(b) Prehearing orders.

(c) Motions, pleadings, briefs, petitions, requests, agency rulings and intermediate written

rulings.

(d) Evidence presented.

(e) A statement of matters officially noticed.

(f) Offers of proof, objections, and rulings.

(g) An official recording of the proceeding prepared by the administrative law judge.

(h) Transcripts, if ordered by the administrative law judge or submitted by a party prior to

issuance of a final decision.

(i) Final orders or orders on reconsideration.

(j) Written notation of any ex parte communications referred to on the record.

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(3) The administrative law judge may authorize the use of tape recorders, cell phones, and

other mechanical, electronic, or video recording devices. The administrative law judge may

prohibit devices for any of the following reasons:

(a) The device is obtrusive or disruptive.

(b) The device may cause intimidation of witnesses.

(c) The device may disclose the identity of witnesses or parties entitled to privacy.

(d) The device may intrude on attorney-client communication.

(4) Recordings, other than the official recording prepared by the administrative law judge or

court reporter hired by the hearing system, shall not be accepted to challenge the official record

unless adopted by the administrative law judge.

History: 2015 AACS.

R 792.10121 Telephone and electronic hearings.

Rule 121. (1) The administrative law judge may conduct all or part of a hearing by

telephone, video-conference, or other electronic means.

(2) All substantive and procedural rights apply to all hearings under this rule.

History: 2015 AACS.

R 792.10122 Initial procedures; converting to prehearing.

Rule 122. An initial hearing may be either an evidentiary hearing or a prehearing

conference. For good cause, the administrative law judge may convert an initial hearing from an

evidentiary hearing to a prehearing conference.

History: 2015 AACS.

R 792.10123 Hearing by brief.

Rule 123. (1)When it appears to the administrative law judge that a material issue of fact

does not exist, and the questions to be resolved are solely questions of law, the administrative

law judge may direct that the hearing be conducted by submission of briefs.

(2) After consulting with the parties, the administrative law judge shall prescribe the time

limits for submission of briefs and provide direction on whether filings are to be either

simultaneous or successive.

History: 2015 AACS.

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.

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(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.

History: 2015 AACS; 2023 MR 19, Eff. Sept. 29, 2023.

R 792.10125 Evidence; admissibility; objections; submission in written form.

Rule 125. (1) The Michigan rules of evidence, as applied in a civil case in circuit court shall

be followed in all proceedings as far as practicable, but an administrative law judge may admit

and give probative effect to evidence of a type commonly relied upon by reasonably prudent

persons in the conduct of their affairs.

(2) Irrelevant, immaterial, or unduly repetitious evidence may be excluded.

(3) Effect shall be given to the rules of privilege recognized by law.

(4) Objections to offers of evidence may be made and shall be noted in the record.

(5) For the purpose of expediting a hearing, and when the interests of the parties will not be

substantially prejudiced, the administrative law judge may require submission of all or part of the

evidence in written form.

History: 2015 AACS.

R 792.10126 Evidence to be entered on record; documentary evidence.

Rule 126. (1) Evidence in a proceeding must be offered and made a part of the record if

admitted by the administrative law judge. Other factual information 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 each

opposing party, not less 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 each 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 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 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,

must be returned to the party offering the exhibits, and must not be included in the record on

appeal.

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(4) Exhibits introduced into evidence, but later withdrawn, are not part of the record on

appeal.

History: 2015 AACS; 2023 MR 19, Eff. Sept. 29, 2023.

R 792.10127 Official notice of facts; evaluation of evidence.

Rule 127. An administrative law judge may take official notice of judicially cognizable

facts, and general, technical, or scientific facts within an agency’s specialized knowledge. The

administrative law judge shall notify parties at the earliest practicable time of any officially

noticed fact which pertains to a material disputed issue. On timely request before issuance of a

final decision, the parties shall be provided an opportunity to dispute the fact or its materiality.

History: 2015 AACS.

R 792.10128 Witnesses.

Rule 128. (1) The testimony of all witnesses shall be upon oath or affirmation.

(2) Witnesses may be sequestered by the administrative law judge on his or her own

initiative, or upon request of a party.

(3) Opposing parties shall be entitled to cross examine witnesses.

(4) The testimony of a witness may be taken by deposition with permission of the

administrative law judge. A party taking a deposition shall give notice to all parties.

(5) The administrative law judge may limit the number of witnesses to prevent cumulative

or irrelevant evidence, and to prevent unnecessary delay.

History: 2015 AACS.

R 792.10129 Summary disposition.

Rule 129. (1) A party may move for dismissal of or judgment. The motion may be based on

1 or more of the following grounds:

(a) No genuine issue of material fact.

(b) A failure to state a claim for which relief may be granted.

(c) A lack of jurisdiction or standing.

(2) If the administrative law judge has final decision authority, the motion may be

determined without first issuing a proposal for decision.

(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.

(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 must proceed to hearing.

(5) In hearings held under the occupational code, 1980 PA 299, MCL 339.101 to 339.2677,

the administrative law judge may not issue an order of summary disposition.

History: 2015 AACS; 2023 MR 19, Eff. Sept. 29, 2023.

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R 792.10130 Post-hearing briefs.

Rule 130. A party may request an opportunity to submit a post-hearing brief. The

administrative law judge may grant or deny the request based on the nature of the proceedings.

The administrative law judge may also require a post-hearing brief on his or her own initiative.

History: 2015 AACS.

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.

(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 that it would have if it had presided at the hearing.

(3) The proposal for decision shall be issued by the administrative law judge who conducted

the hearing or who has read the complete record and shall contain findings of fact and

conclusions of law, including rationale for conclusions reached.

(4) A proposal for decision becomes a final decision in the absence of the timely filing of

exceptions or review by an agency with final decision authority.

History: 2015 AACS; 2023 MR 19, Eff. Sept. 29, 2023.

R792.10132 Exceptions.

Rule 132. Except in occupational board cases, and cases where the administrative law judge

has final decision authority, the parties may file exceptions to a proposal for decision within 21

days after the proposal for decision is issued and entered. An opposing party may file a response

to exceptions within 14 days after exceptions are filed.

History: 2015 AACS.

R 792.10133 Final decisions and orders.

Rule 133. (1) Except where a controlling statute mandates the period for issuing final

decisions or orders, an administrative law judge with final decision authority shall issue a final

decision within a reasonable period of time. The final decision shall be in writing or stated on the

record. A written final decision shall include separate sections entitled “findings of fact” and

“conclusions of law.” Findings of fact set forth in statutory language shall include a concise

statement of the underlying supporting facts. Findings of fact shall be based exclusively on the

evidence. If a party submits proposed findings of fact that would control the decision or order,

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the decision or order shall include a ruling on each proposed finding. Each conclusion of law

shall be supported by authority or reasoned opinion.

(2) A decision or order shall be based on the record as a whole or a portion of the record. A

decision or order shall be supported by competent, material, and substantial evidence.

(3) A copy of the decision or order shall be delivered or mailed on the date it is entered and

issued to each party and any authorized representatives or attorneys of record.

History: 2015 AACS.

R 792.10134 Default judgments.

Rule 134. (1) If a party fails to participate in a scheduled proceeding after a properly served

notice, the administrative law judge may conduct the proceeding without participation of the

absent party. If a party fails to participate in a proceeding, the administrative law judge may issue

a default order or other dispositive 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 participate in a scheduled proceeding after a properly served notice 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.

History: 2015 AACS; 2023 MR 19, Eff. Sept. 29, 2023.

R 792.10135 Request for reconsideration.

Rule 135. (1) If the decision or order of an administrative law judge is final, a party may file

a request for reconsideration and the administrative law judge may grant the request for

reconsideration upon a showing of material error.

(2) A request for reconsideration shall state with specificity the material error claimed. A

request for reconsideration which presents the same issues previously ruled on, either expressly

or by reasonable implication, shall not be granted.

(3) A request for reconsideration shall be filed within 14 days after the issuance of a decision

or order, or such other time fixed by statute or rule governing specific proceedings.

History: 2015 AACS.

R 792.10136 Request for rehearing.

Rule 136. (1) Where for justifiable reasons the record of testimony made at the hearing is

found to be inadequate for purposes of judicial review, the administrative law judge on his or her

own initiative, or on request of a party, shall order a rehearing.

(2) A request for a rehearing shall be filed prior to submission of a proposal for decision to

the final decision authority or prior to issuance of a final decision by the administrative law

judge. If a request for rehearing is granted the hearing shall be noticed and conducted in the same

manner as an original hearing. The evidence received at the rehearing shall be included in the

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record for any further department, agency, or judicial review. A decision from the original

hearing may be amended or vacated after the rehearing.

History: 2015 AACS.

R 792.10137 Appeals.

Rule 137. If an appeal of a final decision or order is taken to circuit court, probate court or

the court of appeals, the appellant shall file a copy of the claim or application of appeal with the

hearing system.

History: 2015 AACS.

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PART 3: DEPARTMENT OF ENVIRONMENTAL QUALITY AND DEPARTMENT

OF NATURAL RESOURCES

R 792.10301 Scope of rules; statutory procedures; absence of procedures.

Rule 301. (1) These rules govern all contested case proceedings before the department of

environment, Great Lakes, and energy and the department of natural resources and requests for

declaratory rulings.

(2) These rules do not apply to proceedings under parts 615 and 617 of the natural resources

and environmental protection act, 1994 PA 451, MCL 324.61501 to 324.61527 and MCL

324.61701 to 324.61738.

(3) If a rule does not address an issue of procedure, then chapter 4 of the act applies.

History: 2015 AACS.; 2021 AACS.

R 792.10302 Definitions.

Rule 302. As used in this part:

(a) "Department" means the department of environment, Great Lakes, and energy or the

department of natural resources.

(b) "Director" means the director of the department of environment, Great Lakes, and

energy or the department of natural resources.

(c) "Final decision maker" means the director or any other person to whom the director has

delegated final decision making authority in contested cases.

History: 2015 AACS.; 2021 AACS.

R 792.10303 Petition for contested case; required information; submission to the

hearing system; acknowledgment of receipt.

Rule 303. (1) A written petition for a contested case shall be on the form provided by the

department or other document that includes all of the following information:

(a) Facts or conduct that warrants a contested case.

(b) The identity of the persons involved and their relationship to the subject matter.

(c) Specific sections of applicable statutes and rules, if known.

(d) The specific remedies sought.

(e) A copy of the department’s decision being challenged, if made in writing.

(2) The petition shall be signed by the person requesting a contested case or the person's

authorized representative. A petition shall be mailed or delivered to the department. The date of

receipt by the department shall be the date a petition is filed. Unless otherwise stated in a

statute, a petition shall be filed within 60 days from the date of the department's decision to

be considered timely. A person shall submit a petition on a form provided by the department or

a document that complies with subrule (1) of this rule.

History: 2015 AACS.

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R 792.10304 Contested case docket; docket numbers; notice to parties of docketing a

case; commencement of contested case proceeding; no progress docket.

Rule 304. (1) The hearing system office shall maintain a docket of all pending petitions.

(2) A case docket number shall be assigned to all petitions. The number shall correspond, if

possible, to the permit, application, or document number used by the department in the matter

that is the subject of the petition. Parties shall include the docket number and petitioner's name

on the first page of all pleadings or correspondence filed in a case.

(3) The hearing system shall provide a copy of the petition to the respondent and inform all

parties of the docket number at the time of acknowledgment. The acknowledgment is considered

notice of the commencement of the contested case proceeding.

(4) A no-progress docket shall be maintained by the hearing system. Failure of a petitioner

to respond in a timely manner to any directive of the hearing system may result in placing the

case on the no progress docket.

(5) A party whose case is placed on the no-progress docket shall be given notice and time to

show cause why the case should not be dismissed for undue delay. A party shall submit the

requisite documents, or otherwise respond to unanswered requests, as part of that party’s

response to the notice. If a party fails to respond to the notice within 21 days of its date, the case

shall be dismissed with prejudice.

History: 2015 AACS.

R 792.10305 Depositions; discovery; failure to comply; order directing compliance;

effect of refusal to obey order.

Rule 305. (1) The taking and use of depositions and other discovery shall be allowed only

upon stipulation of the parties or by leave of the administrative law judge.

(2) A motion for discovery shall not be filed unless the discovery sought has been previously

requested of a party and refused. The motion shall describe the nature of the discovery sought

and the purpose of the discovery. A party against whom the discovery request is directed shall

have 14 days to respond to the motion or within a time frame specified by the administrative law

judge. If discovery is granted, it shall proceed in the same manner as in the circuit courts. A

deposition or other discovery taken pursuant to this subrule may be offered as evidence at the

discretion of the administrative law judge.

(3) If a party refuses to comply with an order issued under subrule (1) of this rule, then the

administrative law judge, on his or her own initiative or on the motion of a party, may enter

orders addressing the noncompliance, including but not limited to, any of the following:

(a) Deem that the facts sought under the original order are established for the purposes of

the proceeding in accordance with the claim of the party obtaining the order.

(b) Prohibit the noncompliant party from admitting new evidence supporting or opposing

designated claims or defenses.

(c) Order that pleadings or parts of pleadings are stricken, stay further proceedings until

compliance is established, dismiss the proceedings or part of the proceeding, or default the

noncompliant party.

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History: 2015 AACS.

R 792.10306 Application for intervention; filing; service; answers; oral argument;

rulings.

Rule 306. (1) A person who has legal standing and who seeks to intervene as a party in a

contested case shall file an application to intervene with the hearing system setting forth the legal

authority and facts supporting intervention. A person who files an application shall serve copies

on all parties known to the person at the time of application and provide proof of service at the

time of filing. The hearing system shall advise an applicant for intervention of the names and

addresses of parties not served by the applicant, who shall then serve those parties and file a

proof of service consistent with R 792.10307.

(2) An application under subrule (1) of this rule shall not be granted until all parties have

had an opportunity to answer the application in writing, unless the applicant is the permit holder.

An answer must be filed within 14 days after the date of service of the application or within the

period of time established by an order of the administrative law judge.

(3) The administrative law judge shall consider whether intervention would be in conflict

with R 792.10102 or prejudice the rights of the existing parties. To avoid prejudice, intervention

by a person may be denied or limited.

(4) The applicable statute and rules shall govern the issue of standing in a contested case

hearing and these rules shall not be construed to either expand or restrict the legal standing of

any person to intervene as a party in a contested case.

History: 2015 AACS.

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PART 4: PUBLIC SERVICE COMMISSION.

PRACTICE AND PROCEDURE BEFORE THE COMMISSION

SUBPART A. GENERAL PROVISIONS

R 792.10401 Scope.

Rule 401. The rules in this part apply to Michigan public service commission proceedings.

History: 2015 AACS.

R 792.10402 Definitions.

Rule 402. As used in this part:

(a) "Applicant" means a person that applies, requests, or petitions for permission,

authorization, or approval.

(b) "Commission" means the Michigan public service commission.

(c) "Complainant" means a person that 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 a person permitted to intervene in a proceeding pursuant to these

rules.

(k) "Party" means a person by or against whom a proceeding is commenced or a person that

is permitted to intervene or the staff of the commission in any proceeding in which the staff

participates.

(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.

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(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.

(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.

(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 they preside over and hear a proceeding or part of a proceeding.

(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.

(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.

(q) “Proof of service" means an affidavit stating the facts of service, including the date,

place, and manner of service and the parties served.

(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.

(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.

(t) "Staff" means an employee or employees of the commission other than the presiding

officer and commissioners.

History: 2015 AACS; 2023 MR 19, Eff. Sept. 29, 2023.

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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 Michigan court rules.

(2) These rules shall be liberally construed to secure a just, economical, and expeditious

determination of the issues presented.

History: 2015 AACS; 2023 MR 19, Eff. Sept. 29, 2023.

R 792.10404 Information, documents, and communications.

Rule 404. (1) Pleadings and other documents 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,

pleadings and other documents filed with the commission must be electronically filed,

searchable, and able to be copied and pasted.

History: 2015 AACS; 2023 MR 19, Eff. Sept. 29, 2023.

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 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 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) The signer has read the pleading.

(b) To the best of the signer's 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.

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(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.

History: 2015 AACS; 2023 MR 19, Eff. Sept. 29, 2023.

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 and except as otherwise provided by

statute or order of the commission or presiding officer, the filing and service of notices,

pleadings, motions, and other documents required to be filed or served in a proceeding must be

made electronically.

(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 filed electronically, the date of filing is the

date that a complete and compliant document is submitted in the e-dockets system. The date of

service is the date it is deposited with the United States Postal Service for first-class mailing or

courier delivery service or is delivered in-person, unless otherwise provided by the commission.

If served electronically, the date of service is the date the 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) Confidential filings must be made in accordance with the 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 must consult commission guideline 2014-1 for a description of documents that

may be rejected for filing.

(6) Except for residential complaint cases addressed under R 792.10441(5), 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 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 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

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proposal for decision. A copy of the request 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.

History: 2015 AACS; 2023 MR 19, Eff. Sept. 29, 2023.

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 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.

History: 2015 AACS; 2023 MR 19, Eff. Sept. 29, 2023.

R 792.10408 Cost of copies of decisions and transcripts.

Rule 408. A copy of the decision or order in a proceeding must be served electronically to

each party to the proceeding. Paper copies of transcripts and proposals for must be furnished at

rates consistent with current policy and statutes. Paper copies of orders must be provided upon

request.

History: 2015 AACS; 2023 MR 19, Eff. Sept. 29, 2023.

R 792.10409 Computation of time.

Rule 409. In computing any period of time prescribed or allowed by these rules, by order of

the commission or the presiding officer, or by any applicable statute, the day of the act, event, or

default after which the designated period of time begins to run is not included. The last day of

the period is included, unless it is a day on which the commission's offices are not open for

business, in which case the period shall run until the end of the next day on which the

commission's offices are open for business.

History: 2015 AACS.

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SUBPART B. INTERVENTIONS

R 792.10410 Petitions.

Rule 410. (1) A person who is not a complainant, respondent, applicant, or staff, and who

claims an interest in a proceeding may petition for leave to intervene. Unless otherwise provided

in the notice of hearing, a petition for leave to intervene must be filed with the commission not

less than 7 days before the date set for the initial hearing or prehearing conference and the

petition must be served on all parties to the proceeding. All parties must have an adequate

opportunity to file objections to, and to be heard with respect to, the petition for leave to

intervene. A petition for leave to intervene that is not filed in a timely manner may be granted

upon a showing of good cause and a showing that a grant of the petition will not delay the

proceeding or unduly prejudice any party to the proceeding. Except for good cause, an intervenor

whose petition is not filed in a timely manner, but who is nevertheless granted leave to intervene,

is bound by the record and procedural schedules developed before the granting of leave to

intervene.

(2) A petition for leave to intervene must set out clearly and concisely the facts supporting