Michigan Office of Administrative Hearings and Rules  
Administrative Rules Division (ARD)  
611 W. Ottawa Street  
Lansing, MI 48909  
Phone: 517-335-8658 Fax: 517-335-9512  
REQUEST FOR RULEMAKING (RFR)  
1. Department:  
Civil Rights  
2. Bureau:  
Civil Rights Commission  
3. Promulgation type:  
Full Process  
4. Title of proposed rule set:  
Organization, Practice, And Procedure  
5. Rule numbers or rule set range of numbers:  
R 37.1 - R 37.27  
6. Estimated time frame:  
3 months  
Name of person filling out RFR:  
Jerome Reide  
E-mail of person filling out RFR:  
ReideJ@michigan.gov  
Phone number of person filling out RFR:  
517-241-1223  
Address of person filling out RFR:  
MDCR, Capitol Tower, 110 Michigan Ave., Lansing, MI 48933  
7. Describe the general purpose of these rules, including any problems the changes are intended  
to address.  
Rule 37.2 Definitions  
Several new definitions are being added. They primarily address the need for more clarity in the  
complaint investigation process. Key in this regard is that the existing rules use the term  
“complaint” to apply to the legal document the department prepares and serves on respondents.  
However, when people come to us with their concerns, especially if they put them in writing, they  
believe they are filing a complaint. The result is not only confusion, but a perception that the  
department is denying someone the ability to even complain. We thus propose to call the  
allegations initially filed a complaint. If it is jurisdictional, we will “certify” it by creating the  
document now identified as a complaint and asking the claimant to sign. A certified complaint is  
one that is ready to be served on respondent to initiate an investigation.  
Also being changed are the definitions describing how to file documents with us, and the counting  
of days for determining whether the documents are timely. These definitions are modeled after the  
ones in the Michigan Court Rules and ensure that when the date something is due falls on a day  
the office is not open, the document is not due until the next day when we are. We also modernize  
MCL 24.239  
RFR-Page 2  
the way documents can be filed with us to permit electronic service.  
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.  
Rule 37.11 Answer to a charge.  
Rule 11 describes the mandatory requirement that a respondent answer the allegation(s) when an  
MCL 24.239  
RFR-Page 3  
investigation results in the department bringing a charge of discrimination, what the department  
must do upon receipt of the answer to a charge, and to permit the use of electronic service of the  
documents.  
Rule 37.12 Hearing on a charge.  
The changes here are minor. They intend to make the rule read more clearly, and to count time in  
multiples of seven days for consistency.  
Rule 37.25 Exemption from particular section of act; bona fide occupational qualification  
(BFOQ).  
While the need to use a BFOQ may change over time, the present rules provide that the exception  
be unending. Whether the changes are societal, legal, or even technological, the department  
believes a decision to let an employer do what otherwise would be illegal discrimination should be  
reviewed periodically, or even withdrawn if it is being abused.  
8. Please cite the specific promulgation authority for the rules (i.e. department director,  
commission, board, etc.).  
Michigan Civil Rights Commission, Michigan Constitution, Article V, Section 29  
Const. 1963, Art. V, § 29, Eff. Jan. 1, 1964, R 37.1 et seq. and R 37.101 of the Michigan  
Administrative Code.  
http://www.legislature.mi.gov/(S(bncxahp1lq124c0qelkeifpp))/mileg.aspx?  
page=getobject&objectname=mcl-Article-V-29&query=on&highlight=civil%20AND%20rights%  
20AND%20commission  
A. Please list all applicable statutory references (MCLs, Executive Orders, etc.).  
MCL Chapter 37. Civil Rights  
MCL 37 applies to MCDR (1976 PA 453).  
Const. 1963, Art. V, § 29, Eff. Jan. 1, 1964  
R 37.1 et seq. and R 37.101 of the Michigan Administrative Code.  
“…Following are the portions of the Revised Constitution of the State of Michigan, approved by  
the people on April 1, 1963, which pertain specifically to civil rights and to the creation of the  
Civil Rights Commission…  
“…Article V Executive Branch. The commission shall have power in accordance with the  
provisions of the constitution and of general laws governing administrative agencies, to  
promulgate rules and regulations for its own procedures, to hold hearings, administer oaths,  
through court authorization to require the attendance of witnesses and the submission of records,  
to take testimony and to issue appropriate orders. The commission shall have other powers  
provided by law to carry out its purposes. Nothing contained in this section shall be construed to  
diminish the right of any party to direct and immediate legal or equitable remedies in the courts of  
this state."  
B. Are the rules mandated by any applicable constitutional or statutory provision? If so, please  
explain.  
No. The MCRC's authority to promulgate rules is permissive pursuant to Mich. Comp. Laws §  
37.2101 MCL 37.2101 to 37.2804.  
1976, Act 453, Eff. Mar. 31, 1977 ;--Am. 1977, Act 162, Imd. Eff. Nov. 8, 1977  
9. Please describe the extent to which the rules conflict with or duplicate similar rules,  
compliance requirements, or other standards adopted at the state, regional, or federal level.  
MCL 24.239  
RFR-Page 4  
The rules complement and/or are "substantially equivalent" to:  
Age Discrimination in Employment Act of 1967 (ADEA)  
Americans with Disabilities Act  
Fair Housing Act  
Individuals with Disabilities Education Act PDF icon  
Rehabilitation Act of 1973  
Title II of the Civil Rights Act of 1964 (public accommodations)  
Title IV of the Civil Rights Act of 1964 (education)  
Title IX of the Education Amendments Act of 1972  
Title VI of the Civil Rights Act of 1964  
Title VII of the Civil Rights Act of 1964 (employment)  
Deaf Persons' Interpreter Act  
Division on Deaf and Hard of Hearing Act  
Dog License Fee Waiver  
H.S. Language Credit for American Sign Language  
Harassing, Assaulting, or Interfering with Hearing/Service Dog  
Persons with Disabilities Civil Rights Act  
Refusing Entry to Hearing/Service Dog, Misdemeanor  
10. Is the subject matter of the rules currently contained in any guideline, handbook, manual,  
instructional bulletin, form with instructions, or operational memoranda?  
Commission Rules: Organization, Practice and Procedureshttps://www.michigan.gov › documents  
› pamphl...PDF  
the Michigan Compiled Laws). R 37,1 Civil rights within commission jurisdiction. Rule 1. The  
civil rights within the jurisdiction of the commission shall be ...  
11. Are the rules listed on the department’s annual regulatory plan as rules to be processed  
for the current year?  
Yes. These rules were included on MDCR’s Annual Regulatory Plan for 2021.  
12. Will the proposed rules be promulgated under Section 44 of the Administrative Procedures  
Act, 1969 PA 306, MCL 24.244, or under the full rulemaking process?  
Full Process  
13. Please describe the extent to which the rules exceed similar regulations, compliance  
requirements, or other standards adopted at the state, regional, or federal level.  
The rules do not exceed similar regulations, compliance requirements, or other standards adopted  
at the state, regional, or federal level.  
14. Do the rules incorporate the recommendations received from the public regarding any  
complaints or comments regarding the rules? If yes, please explain.  
No.  
15. If amending an existing rule set, please provide the date of the last evaluation of the rules  
and the degree, if any, to which technology, economic conditions, or other factors have changed  
the regulatory activity covered by the rules since the last evaluation.  
Effective October 17, 1979.  
Rule 37.2 Definitions  
Several new definitions are being added. They primarily address the need for more clarity in the  
complaint investigation process. Key in this regard is that the existing rules use the term  
MCL 24.239  
RFR-Page 5  
“complaint” to apply to the legal document the department prepares and serves on respondents.  
However, when people come to us with their concerns, especially if they put them in writing, they  
believe they are filing a complaint. The result is not only confusion, but a perception that the  
department is denying someone the ability to even complain. We thus propose to call the  
allegations initially filed a complaint. If it is jurisdictional, we will “certify” it by creating the  
document now identified as a complaint and asking the claimant to sign. A certified complaint is  
one that is ready to be served on respondent to initiate an investigation.  
Also being changed are the definitions describing how to file documents with us, and the counting  
of days for determining whether the documents are timely. These definitions are modeled after the  
ones in the Michigan Court Rules and ensure that when the date something is due falls on a day  
the office is not open, the document is not due until the next day when we are. We also modernize  
the way documents can be filed with us to permit electronic service.  
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,  
MCL 24.239  
RFR-Page 6  
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.  
Rule 37.11 Answer to a charge.  
Rule 11 describes the mandatory requirement that a respondent answer the allegation(s) when an  
investigation results in the department bringing a charge of discrimination, what the department  
must do upon receipt of the answer to a charge, and to permit the use of electronic service of the  
documents.  
Rule 37.12 Hearing on a charge.  
The changes here are minor. They intend to make the rule read more clearly, and to count time in  
multiples of seven days for consistency.  
Rule 37.25 Exemption from particular section of act; bona fide occupational qualification  
(BFOQ).  
While the need to use a BFOQ may change over time, the present rules provide that the exception  
be unending. Whether the changes are societal, legal, or even technological, the department  
believes a decision to let an employer do what otherwise would be illegal discrimination should be  
reviewed periodically, or even withdrawn if it is being abused.  
16. Are there any changes or developments since implementation that demonstrate there is no  
continued need for the rules, or any portion of the rules?  
No.  
17. Is there an applicable decision record (as defined in MCL 24.203(6) and required by MCL  
24.239(2))? If so, please attach the decision record.  
No  
MCL 24.239  
;