RIS-Page 3
These rules are not specifically designed to alter behavior – however, without rule authority for electronic filings and
telephone or video-conferencing, parties may still be required to travel unnecessarily or assume the costs necessary to
transmit documents using postal services. Moreover, by eliminating the need for the coordination of in-person
participation of parties and witnesses, hearings are less likely to be adjourned. This will expedite moving the dockets
of the administrative law judges and provide quicker resolution of issues for the parties.
A. What is the rationale for changing the rules instead of leaving them as currently written?
The general purpose of the rule set is to govern the practice and procedures for all administrative hearings conducted
by MOAHR, allowing for different procedures in specific types of hearings. The purpose of the proposed changes is
to refine certain rules to clarify current practices, reflect statutory changes and department reorganizations, eliminate
duplicative or unnecessary rules, and promote greater efficiency, consistency and fairness.
8. Describe how the proposed rules protect the health, safety, and welfare of Michigan citizens while promoting a
regulatory environment in Michigan that is the least burdensome alternative for those required to comply.
The hearings conducted by MOAHR’s administrative law judges often involve protecting the health, safety and
welfare of citizens by addressing violations of licensed professionals (e.g. health professionals, hospital systems,
emergency medical personnel, builders) or assuring compliance with safety standards (e.g. MIOSHA or Bureau of
Child & Adult Licensing cases involving daycare and adult foster care facilities). In addition, MOAHR hearings often
involve regulation of services and benefits that protect the disabled, the unemployed or those suffering financial
hardships or living in poverty (e.g. unemployment appeals, Bureau of Services to Blind Persons, Department of
Human Services benefit hearings, Barrier Free Design hearings). MOAHR hearings also protect the environment and
services necessary for daily living throughout our communities (e.g. Department of Environment, Great Lakes, and
Energy, Department of Natural Resources, Public Service Commission and Department of Transportation). The
welfare of children is enhanced and protected in MOAHR hearings ( e.g. Special Education, & Department of Human
Services expunction). Financial and property concerns of individuals, workers, employers and businesses are protected
by MOAHR hearings (e.g. Tax Tribunal, Department of Insurance & Financial Services cases, Corporations,
Securities and Commercial Licensing cases, Employment Relations cases, Employment Security cases, Wage &
Fringe Benefit cases, Workers Compensation cases, Retirement Services cases). With more efficient and user-friendly
hearing procedures resulting from the proposed rules, issues involving these protections and benefits will be resolved
in a more expeditious manner.
9. Describe any rules in the affected rule set that are obsolete or unnecessary and can be rescinded.
R 792.10414 is being rescinded.
Fiscal Impact on the Agency
Fiscal impact is an increase or decrease in expenditures from the current level of expenditures, i.e. hiring additional staff,
higher contract costs, programming costs, changes in reimbursements rates, etc. over and above what is currently
expended for that function. It does not include more intangible costs for benefits, such as opportunity costs, the value of
time saved or lost, etc., unless those issues result in a measurable impact on expenditures.
10. Please provide the fiscal impact on the agency (an estimate of the cost of rule imposition or potential savings
for the agency promulgating the rule).
Although it is not possible to quantify the approximate cost savings, it can be said that the administrative hearings
process (the regulatory activity covered by this rule set) has improved from a technological standpoint with electronic
filing and remote video and telephone hearing capabilities but otherwise remains unchanged. Moreover, the adoption
of the proposed rules for electronic filings will save paper/supply costs and proposed rules increasing telephone and
video-teleconferencing hearings will save fuel costs to the state and public and eliminate room rental costs
necessitated when administrative law judges must travel across the state to hold hearings. Expansion of the remote
hearing platform will also allow for a reduction in the agency’s physical office-space footprint, which in turn will
result in realized savings from canceled lease space.
11. Describe whether or not an agency appropriation has been made or a funding source provided for any
expenditures associated with the proposed rules.
No additional expenditures are contemplated from promulgation of the proposed rules.
MCL 24.245(3)