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 the chairperson or co-

chairperson’s 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 that 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.

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

(l) "Hearing officer" means a commissioner or commissioners designated by the

chairperson or the commission to conduct a hearing or an agent of the commission

designated or delegated by the chairperson or the director to conduct a hearing.

Page 1

Courtesy of Michigan Administrative Rules

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

commission or department, or both, where appropriate.

(n) "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.

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

or against whom the department has filed a charge.

(p) “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 AACS; 2026 MR 6, Eff. March 12, 2026.

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; certified 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) The department may receive a complaint by personal delivery, mail, or

electronic service, addressed or emailed to 1 of the department offices.

(4) The department shall evaluate a complaint to determine if it will proceed

with a certified complaint. If the department decides not to proceed with a certified

complaint, the claimant shall be notified of the decision and instructed on how to

proceed.

(5) If the department proceeds with a certified complaint, the department shall

draft the certified complaint for filing, without charge.

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

following:

Page 2

Courtesy of Michigan Administrative Rules

(a) The full name and address of the claimant and their legal agent, if any.

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

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

(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.

(f) An acknowledgment as set forth in subrule (11) of this rule.

(7) The certified complaint must be filed with the department 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 that

the discrimination ceased, subject to or consistent with prevailing law.

(8) The department shall mail a copy of the certified complaint filed by the

claimant to the respondent.

(9) The department may require answers to interrogatories, order the

submission of books, papers, records, and other materials pertinent to a certified

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.

(10) A certified complaint, or part of a certified complaint, may only be

withdrawn with written consent of the commission or department on conditions

considered proper under the circumstances.

(11) Every complaint or certified complaint must include a statement

acknowledging both of the following:

(a)Whether other proceedings, administrative, civil, or criminal, based upon

the same facts, occurrences, or transactions as alleged in the complaint or certified

complaint, are pending before a state or federal court or state or federal

administrative agency.

(b) The status or disposition of the matter.

(12) If another proceeding is pending, the commission or department may, in

its discretion, stay or dismiss the complaint or certified complaint.

History: 1979 AC; 2023 AACS; 2026 MR 6, Eff. March 12, 2026.

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 conciliation conference is a confidential proceeding. Commissioners

and department staff shall not disclose what transpired at the 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 does not result in a settlement agreement

between the parties, the department may do any of the following:

(a) Conduct additional investigation.

Page 3

Courtesy of Michigan Administrative Rules

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

(c) Refer the case for legal review to evaluate whether the department will file

a charge to initiate an administrative hearing.

(d) Enter into a consent agreement with respondent to address the alleged

discrimination or retaliation, or both, as it relates to the public interest.

History: 1979 AC; 2023 AACS; 2026 MR 6, Eff. March 12, 2026.

R 37.6 Charge; filing charge; refusal to file charge.

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

sufficient grounds for discrimination or retaliation, or both, a charge must be filed.

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

charge, the department shall refuse to file 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.

History: 1979 AC; 2023 AACS; 2026 MR 6, Eff. March 12, 2026.

R 37.7 Reconsideration of refusal to draft a certified complaint or file a

charge;

request; hearing.

Rule 7. (1) A claimant may request that the department reconsider its refusal

to draft a certified complaint or its refusal to file a charge. The request must be in

writing, state specifically the grounds that it is based on, and be filed within 30 days

after the date of mailing of the summary of complaint or notice of disposition. The

request must be filed at any office of the department by personal delivery, email,

or by mail.

(2) Reconsideration of a refusal to draft a certified complaint must address all

of the following:

(a) Whether the request for reconsideration is timely filed.

(b) Whether the allegations are jurisdictional.

(c) Whether there is relevant evidence.

(3) Reconsideration of a refusal to file a charge must address the following

criteria:

(a) Whether the request for reconsideration is timely filed.

(b)Whether an adequate investigation was conducted.

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

the investigation.

(d) Whether the determination was made in error.

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

reconsideration or its refusal to file a charge at a time and place before the hearing

officer as the department or the director may determine, and notice must be given

Page 4

Courtesy of Michigan Administrative Rules

to all parties to the proceedings by mail, electronic service, or by other means as

is reasonably calculated to give actual notice.

(5) 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 officer shall report to the commission on the proceedings. The

commission shall determine whether the department shall consider the matter

further, and notify all parties mail or electronic service, or by other means as is

reasonably calculated to give actual notice, and issue instructions for appropriate

action based the determination.

History: 1979 AC; 2023 AACS; 2026 MR 6, Eff. March 12, 2026.

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 a

final order based on the charge.

History: 1979 AC; 2026 MR 6, Eff. March 12, 2026.

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,

or by other means as are reasonably calculated to give actual notice to the parties,

together with notice to the respondent to answer the charge as provided in R 37.11.

History: 1979 AC; 2023 AACS; 2026 MR 6, Eff. March 12, 2026.

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) On request, the commission or director may, for good cause shown,

extend the time that the answer may be filed.

(4) The answer must be in writing and include all of the following:

(a) The respondent’s signature.

Page 5

Courtesy of Michigan Administrative Rules

(b) The respondent’s address, and if represented by counsel, the name and

address of counsel.

(c) 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 is considered admitted, unless the

respondent states in the answer insufficient knowledge or information to form a

belief.

(5) The respondent has the right, reasonably and fairly, to amend their

answer. Both of the following apply to an amended answer:

(a) The respondent's right to amend the 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 officer may

allow the respondent to amend their 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 this rule, each of the

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

officer, 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 AACS; 2026 MR 6, Eff. March 12, 2026.

R 37.12 Hearing.

Rule 12. (1) On or after the filing and service of a charge, the commission or

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

also authorized, at any time, to schedule and conduct a hearing with respect to

any matter that in the judgment of the commission may involve unlawful

discrimination or retaliation, or both, and may warrant investigation by the

commission, regardless of whether a charge was filed or a certified complaint was

filed.

(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. On 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 a hearing officer. The hearing officer shall

hear the evidence and report to the commission.

(4) 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.

Page 6

Courtesy of Michigan Administrative Rules

The hearing officer 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 mail, or electronic service, or by other means as is

reasonably calculated to give actual notice, and issue instructions for appropriate

action based on the determination.

(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 on notice from

the claimant, by the claimant or the claimant’s counsel, subject to the right of the

department to present additional evidence or arguments.

(7) The hearing officer has 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 on 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

the witnesses cannot hear the testimony of other witnesses. The hearing officer

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 presentation

of that party’s 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 officer. Parties may obtain

transcripts by making arrangements with the reporter, 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 hearing officers, all rulings and

determinations are made by majority rule.

(9) The information disclosed at conciliation is not admissible at the hearing.

(10) The hearing officer or a party may request a prehearing conference that

the hearing officer may schedule, subject to 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 their counsel. Oral stipulations

may be made on the record at open hearing.

(11) The hearing officer 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) The hearing officer shall allow the parties, their counsel, or the member

of the department's staff presenting the case in support of the charge, and may

Page 7

Courtesy of Michigan Administrative Rules

allow interveners, to argue orally before them and to file briefs within the time limits

the hearing officer determines.

(13) The hearing officer may exclude any person that engages in improper

conduct before them from the hearing room or from further participation in the

proceeding, except a party, the party’s 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 officer

determines otherwise.

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

hearing must be referred to the hearing officer for decision. The hearing officer

may request briefs and schedule oral arguments, as considered necessary, and,

if appropriate, may reserve ruling until the conclusion of the hearing. All rulings on

motions must be included in the report from the hearing officer to the commission.

(16) A party may submit, or the hearing officer 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 officer.

History: 1979 AC; 2023 AACS; 2026 MR 6, Eff. March 12, 2026.

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 request of a party or on its own behalf, the commission or

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

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

testimony and receive evidence, and compel, through court authorization,

compliance with its orders.

(2) If an order is issued at the request 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 must be borne by the party at whose

instance it has been requested and issued. If an order is issued at the request of

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

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

The witness and mileage fees must be the same as are paid to witnesses in the

circuit courts of this state.

History: 1979 AC; 2026 MR 6, Eff. March 12, 2026.

Page 8

Courtesy of Michigan Administrative Rules

R 37.15 Depositions.

Rule 15. In accordance with the general court rules of this state, the

commission, or a commissioner, 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 outside this state.

History: 1979 AC; 2026 MR 6, Eff. March 12, 2026.

R 37.16 Order issued after hearing.

Rule 16. (1) An order of the commission issued after hearing must 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 officer and give parties an opportunity to

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

may allow oral argument before its final decision.

(2) If based on the evidence at the hearing the commission finds that a

respondent has engaged in unlawful discrimination, the commission shall state

its findings of fact and may issue an order requiring the respondent to cease

and desist from unlawful discriminatory act or acts and to take affirmative action

as the commission determines appropriate, which may include reporting from time

to time the manner and extent of compliance. If based on the evidence the

commission finds that a respondent has not engaged in unlawful discrimination,

the commission shall state its findings of fact and issue an order dismissing the

charge as to the respondent.

(3) Copies of orders must be served upon the parties, interveners, and

counsel by registered or certified mail, return receipt requested, or by other means

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

statutory right to judicial appeal.

(4) All orders issued after a hearing must be filed with the director. The orders

must be made available to the public in accordance with state law and the

department may make the orders electronically available to the public at no cost.

(5) If necessary to safeguard the public interest and to prevent injustice, the

commission may at any time before a charge is filed, issue an order or the

commission or the department may apply to an appropriate court to issue an order

directed to or against any person or persons enjoining or prohibiting any conduct

or threat that violates or jeopardizes the rights of any person or persons

guaranteed by law or the constitution.

History: 1979 AC; 2026 MR 6, Eff. March 12, 2026.

R 37.17 Reopening of proceedings.

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

intervener, whenever justice so requires, may reopen any closed proceeding with

Page 9

Courtesy of Michigan Administrative Rules

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

closed by the department in the same manner.

History: 1979 AC; 2026 MR 6, Eff. March 12, 2026.

R 37.18 Appeals from order of commission or department.

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. An appellant

challenging a final order of the commission shall name the commission as a party

and serve the commission. An appellant challenging a final order of the

department shall name the department as a party and serve the department. The

respondent and complainant shall be named as a party to all appeals of final orders

of the commission or department.

History: 1979 AC; 2026 MR 6, Eff. March 12, 2026.

R 37.19 Modification or setting aside of orders.

Rule 19. Until an appeal is filed in a court, as provided in R 37.18, the

commission may, on reasonable notice, modify or set aside, in whole or in part,

any findings or order made by it.

History: 1979 AC; 2026 MR 6, Eff. March 12, 2026.

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, on 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

on.

(2) If the commission decides to issue a declaratory ruling, the commission

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

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

declaratory ruling after a certified complaint has been filed with the department.

(3) A ruling must contain the statement of facts that it is based on and the

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

commission and the commission may not retroactively change the ruling, but

nothing in this rule prohibits the commission from prospectively changing a ruling.

History: 1979 AC; 2026 MR 6, Eff. March 12, 2026.

Page 10

Courtesy of Michigan Administrative Rules

R 37.21 Rules; adoption; amendment or rescission.

Rule 21. Subject to and in accordance with the administrative procedures act

of 1969, 1969 PA 306, MCL 24.201 to 24.328, new rules may be adopted and

any rule may be amended or rescinded by the commission at a regular or

special meeting, if not less than 5 members are present and voting in favor of the

amendment and notice is given to all members of the commission not less than 10

days before the meeting at which action is to be taken.

History: 1979 AC; 2026 MR 6, Eff. March 12, 2026.

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

vote in favor of the guidelines and notice 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 must be

available to the public at all offices of the department.

History: 1979 AC; 2026 MR 6, Eff. March 12, 2026.

R 37.24 Record making and keeping; disclosure.

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

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

and 402(c) of the persons with disabilities civil rights act, 1976 PA 220, MCL

37.1206 and 37.1402, and sections 206 and 402(c) of the Elliott-Larsen civil rights

act, 1976 PA 453, MCL 37.2206 and 37.2402, may apply to the commission,

stating the specific purpose, method of compilation, and disposition of the

information. The commission may allow the making or keeping of the records for

limited periods on application.

(2) A person subject to section 206 of the Elliott Larsen civil rights act, 1976

PA 453, MCL 37.2206, and section 206 of the persons with disabilities civil rights

act, 1976 PA 220, MCL 37.1206, shall, on request of the department or

commission, disclose information covered by the acts mentioned in this rule and

shall not be in violation of those provisions. A person subject to the same

sections may retain records and information previously and lawfully obtained from

Page 11

Courtesy of Michigan Administrative Rules

prospective employees, but may not disclose that information, except as provided

in this rule.

History: 1979 AC; 2026 MR 6, Eff. March 12, 2026.

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 BFOQ. An application for a BFOQ exemption may

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

www.michigan.gov/mdcr.

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

determined 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. On 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 AACS; 2026 MR 6, Eff. March 12, 2026.

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.

History: 1979 AC.

Page 12

Courtesy of Michigan Administrative Rules

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 the Elliott-Larsen civil rights act, 1976 PA

453, MCL 37.2210 and 37.2507, and sections 208, 403, and 507 of the persons

with disabilities civil rights act, 1976 PA 220, MCL 37.1208, 37.1403, and 37.1507,

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 information the

commission determines necessary to approve or disapprove a plan. The person

requesting approval shall make available all records or information requested, and

the information must be determined confidential. The information required

includes, but is not 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, before 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

the improvements are made.

History: 1979 AC; 2026 MR 6, Eff. March 12, 2026.

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 AACS.

R 37.29 Mail and electronic service.

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

sealed envelope with first class postage fully prepaid, addressed to the person to

Page 13

Courtesy of Michigan Administrative Rules

be served, and depositing the envelope and its contents in the United States mail.

Delivery by mail is determined complete upon mailing.

(2) Electronic service must be by email. If filing documents by email, all of the

following apply:

(a) The 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 determined to be

served on the next business day.

(3) 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.

(4) 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 AACS; 2026 MR 6, Eff. March 12, 2026.

R 37.30 Signature.

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

respondent’s signature on an answer means all of the following apply:

(a) The document has been read.

(b) To the best of the claimant’s or respondent’s knowledge, information, and

belief the contents are true and 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 is

retained

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

that signature.

History: 2023 AACS; 2026 MR 6, Eff. March 12, 2026.

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.

Page 14

Courtesy of Michigan Administrative Rules

(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.

(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 AACS.

R 37.32 Posting of notices.

Rule 32. The commission may require persons, groups, or organizations

within its jurisdiction to post, in a conspicuous place, notices that the commission

may publish or cause to be published, setting forth any requirements for

compliance with applicable civil rights law or other relevant information that the

commission determines necessary to explain the law.

History: 2026 MR 6, Eff. March 12, 2026.

Page 15

Courtesy of Michigan Administrative Rules