Agency Report to JCAR-Page 2
We add a definition for signature in order to notify parties that by signing they are attesting to the
truthfulness of the document. This also allows us to eliminate the present requirement for claimants
to have their complaints notarized. This process may have worked well when all complaints were
filed in person, but it currently creates an unnecessary barrier for many claimants who must find, and
often pay, a notary.
Finally, we add a definition for summary of complaint. This document is provided to claimants when
their complaint is not within the department’s jurisdiction or is untimely. It is presently called a
“statement of concern” which sounds like an affirmative action, when it is really a denial of a request
to certify a complaint.
Rule 37.4 Complaints
These changes again relate to distinguishing between the “complaint” that is filed with the
department and the “certified complaint” that is prepared and served by the department. It also
clarifies that the department will assist someone wishing to file a complaint, but it is the department
that will prepare the certified complaint for a claimant’s signature.
They also provide for the use of electronic means for serving documents.
Rule 37.5 Conciliation conference.
This rule is being revised to provide a clearer understanding of a conciliation conference, which is a
last attempt to settle a matter to the satisfaction of the parties who otherwise face the commitment of
time and resources necessary if it goes to hearing. It also explains what happens if a conciliation
conference fails (the Department may conduct additional investigation, dismiss the Certified
Complaint based on the investigation or refer the Certified Complaint for legal review with a
recommendation for a Charge and an administrative hearing).
Rule 37.6 Charge; issuance; refusal to issue.
This rule was minimally revised to include the new definitions of “mail and “electronic service”.
Rule 37.7 Reconsideration of refusal to issue charge; request; hearing.
This section has been significantly changed to describe the reconsideration process more clearly, and
to inform parties of the criteria being used. Reconsideration is a process much like an appeal, though
it stays within the department as the actual appeal would be filed in circuit court. It is an opportunity
for the department to make certain we can support a decision to close a case if an appeal is filed.
Rule 37.10 Charge; service.
Language updated to reflect the opportunity to serve documents electronically.
MCL 24.242 and 24.245