Michigan Administrative Code

R 460.20429 Permanent field repair of leaks. Rule 429. In addition to the requirements set forth in 49 C.F.R.§192.717, which is adopted by reference in R 460.20606, an operator of pipeline facilities used in the transportation of sour gas shall perform a permanent field repair of…

R 460.20431 Valve maintenance; sour gas pipelines. Rule 431. In addition to the requirements set forth in 49 C.F.R.§192.745, which is adopted by reference in R 460.20606, an operator of pipeline facilities used in the transportation of sour gas shall inspect and partially operate…

R 460.20501 Records. Rule 501. (1) An operator shall maintain the information generated by any recordkeeping requirement in these rules within the state at the operating headquarters office of each service area and shall make the information available to the commission and its st…

R 400.20501 Notice of financial award. Rule 501. (1) The office, within 30 days after commission action to approve a grant or contract, shall issue a grant or contract instrument as a 2-party agreement for obligating funds. (2) The grant or contract instrument shall constitute th…

R 400.20502 Modification of approved grants or contracts. Rule 502. (1) A grantee or contractor of the state agency shall submit a request and gain approval of the commission for any change which modifies the grant or contract agreement in any of the following ways: (a) Changes t…

R 460.20502 Construction filings and reports. Rule 502. (1) In addition to the requirements contained in 49 C.F.R. § 191.22, which is adopted by reference in R 460.20606, an operator or other person proposing to construct a gas pipeline or gas pipeline facility shall notify the c…

R 460.20504 Reports. Rule 504. (1) An operator shall concurrently submit a written report that is required to be filed with any federal agency by 49 CFR part 191, which is adopted by reference in R 460.20606, to the commission at P.O. Box 30221, Lansing, Michigan 48909 - 0221 or …

R 400.20504 Audits. Rule 504. A financial audit of grantee records shall be made not less than biennially. Audits are to be conducted in accordance with standards established by the American institute of certified public accountants and requirements issued by the director of the …

R 400.20505 Audit disallowances. Rule 505. A grantee shall be responsible for any costs disallowed as a result of any of its contractors. Resolution of audit disallowances shall be achieved between the grantee and the contractor of record. History: 1983 AACS. R 400.20506 Determin…

R 400.20507 Means test to deny or limit services; failure to contribute to costs. Rule 507. (1) A grantee or contractor shall not use a means test to deny or limit a service to older persons unless specifically required by state law or federal regulation. (2) A grantee or contrac…

R 400.20508 Program income. Rule 508. (1) A grantee and contractor shall maintain a record of all income derived through the provision of a nutrition or supportive service. The office shall issue procedures for recording program income in accordance with R 400.20301. (2) Program …

R 400.20509 Fees for services. Rule 509. (1) A grantee or contractor shall do both of the following: (a) Assess a service fee to persons who are not older persons unless they are volunteers in providing a nutrition service. (b) Record fees for services as program income. (2) A gr…

R 400.20510 Payments to grantees or contractors. Rule 510. (1) The office shall only make payments for those authorized costs made in conformance with a fully executed grant or contract instrument. (2) A grantee or contractor shall not receive payment for costs incurred until aut…

R 400.20511 Withholding of payment; basis. Rule 511. Payments may be withheld by the office under any of the following circumstances: (a) Failure to submit reports as provided by R 400.20104. (b) Costs of audits fail to comply with R 400.20504. (c) Conditions of suspension or ter…

R 400.20512 Purchase of equipment or property; permission required. Rule 512. A grantee or contractor shall not use funds made available through the office for the purpose of purchasing equipment or property, unless specifically authorized by the act or the OAA and approved by th…

R 400.20601 Notice of right to appeal; right to appeals hearing. Rule 601. (1) The state agency director shall provide written notice to each affected party of those commission actions which are subject to appeal. The following actions are subject to appeal: (a) Commission action…

R 460.20601 Adoption by reference. Rule 601. (1) The publications listed in R 460.20603 to R 460.20606 are adopted by reference and are a part of these rules, except where they are inconsistent with these rules. Publications identified as published by a specific organization are …

R 460.20602 Names, addresses, and phone numbers of organizations. Rule 602. The names, addresses, and phone numbers of organizations that sponsor or publish documents that have been adopted by reference in these rules are as follows: (a) American Petroleum Institute (API), 200 Ma…

R 400.20602 Request for hearing; timeliness. Rule 602. (1) A written notice of appeal and request for an appeals hearing shall be made to the director. Requests made by public or private agencies shall certify that the request is officially endorsed by the agency's governing body…

R 400.20603 Denial or dismissal of request for hearing. Rule 603. (1) The director shall deny or dismiss the request for an appeals hearing under any of the following circumstances: (a) A request was not submitted within the 30 days provided. (b) A request is withdrawn by an aggr…

R 400.20604 Hearings; place and notice. Rule 604. (1) A hearing shall be conducted at a reasonable time, date, and place which will normally be in state facilities at Lansing. (2) A notice of hearing shall be mailed to the aggrieved party or its representative of record not less …

R 400.20605 Hearings officer. Rule 605. A hearing for each appeal of a state agency or commission action shall be conducted by a hearings officer. A hearings officer assigned to preside shall not have been involved in the initial determination of the action in question. As a gene…

R 400.20606 Powers of hearings officer. Rule 606. A presiding hearings officer may do all of the following: (a) Administer oaths or affirmations. (b) Sign and issue subpoenas in the name of the agency, requiring the attendance and giving of testimony by witnesses or the productio…

R 400.20607 Hearing considerations. Rule 607. A hearing shall include consideration of all of the following: (a) The manner by which the issue under appeal was guided by federal regulation, state law, the act, or rule. (b) The timeliness by which the office or commission acted on…

R 400.20608 Rights of parties. Rule 608. A party to a hearing or its authorized representative shall have the opportunity to do all of the following: (a) Examine the contents of its file and all documents and records to be used by the office at the hearing at a reasonable time be…

R 400.20609 Evidence; oath. Rule 609. (1) A witness or party testifying shall be put under oath or affirmation. (2) Insofar as practical, the hearings officer shall follow the rules of evidence as applied in a nonjury civil case in circuit court. If necessary, evidence not admiss…

R 400.20610 Adjournments; continuances. Rule 610. An adjournment or continuance may be granted by a hearings officer for good cause. Good cause includes the absence of material witnesses and necessary evidence. History: 1983 AACS.

R 400.20611 Hearings officer's opinion. Rule 611. A hearings officer's opinion shall be prepared in writing subsequent to the hearing and shall contain his or her findings of fact, conclusions of law, and a recommendation to the director as to the proper decision, based exclusive…

R 400.20612 Decisions. Rule 612. (1) A decision, to be issued by the director, shall be based exclusively on the hearings officer's opinion, evidence, and other material introduced at the hearing. (2) The record shall consist of an official report containing the substance of what…

R 400.20613 Retroactivity. Rule 613. When a hearing decision is favorable to the aggrieved party the office shall make corrective retroactive actions in accordance with the requirements of state or federal regulation, rule, or law. History: 1983 AACS.

R 400.20614 Rehearing following decision. Rule 614. A hearing decision adverse to the aggrieved party is not subject to a rehearing upon the same issue, unless newly discovered, relevant evidence is to be presented. History: 1983 AACS.

R 400.20615 Appeal of decisions. Rule 615. Decisions made pursuant to R 400.20612 may be appealed as follows: (a) To the U.S. commissioner on aging for those applicable matters related to the OAA and applicable federal regulations. (b) To the circuit court of Ingham county. Histo…

R 432.21101 Definitions. Rule 101. (1) As used in the act: (a) "Bona fide member" means a member, according to an organization's established membership criteria, who participates in the organization to further its lawful purposes. (b) "Charitable purpose" means 1 or more of the f…

R 432.21102 Principal officer responsibilities. Rule 102. The principal officer of a qualified organization shall be responsible for all of the following: (a) Ensuring that there is full accountability for all gaming assets including, but not limited to, cash, prizes, bingo cards…

R 432.21103 Compliance with other laws, regulations, and ordinances. Rule 103. A licensee or lessor shall comply with public policy of the state of Michigan and any other local, state, or federal law or regulation. History: 2000 AACS.

R 432.21104 Permanent dissolution; utilization of assets; report. Rule 104. Upon permanent dissolution of a qualified organization, all assets, real property, and personal property shall be utilized for the lawful purposes as stated in the qualified organization's bylaws, constit…

R 432.21105 Restricted use of profits. Rule 105. Profits from the licensed gaming event shall not be used for the benefit of any individual, member, or shareholder of the qualified organization except to directly further the lawful purposes of the qualified organization. History:…

R 432.21106 Violation notice. Rule 106. (1) The bureau, at its discretion, may issue a violation notice to a licensee for failure to maintain compliance with the act, these rules, terms of probation, directives of the bureau, public policy of the state of Michigan, or any other l…

R 432.21107 Informal meeting. Rule 107. (1) The bureau, at its discretion, may require the principal officer of the qualified organization, or the owner or top officer of the licensed supplier, licensed Page 5 Courtesy of Michigan Administrative Rules manufacturer, licensed hall,…

R 432.21108 Probation. Rule 108. (1) The commissioner may place a licensee on probation or may condition the renewal of a license with terms of probation when the licensee has violated the act, these rules, terms of probation, directives of the bureau, public policy of the state …

R 432.21109 License denial. Rule 109. (1) If the bureau determines that an applicant, who does not hold a license for which the applicant is applying, is not in compliance with the act, these rules, terms of probation for another license, directives of the bureau, public policy o…

R 432.21110 Suspension or revocation of a license; refusal to renew license. Rule 110. (1) If the commissioner determines that a licensee or lessor is not in compliance with the requirements of the act, these rules, terms of probation, directives of the bureau, public policy of t…

R 432.21111 Summary suspension proceedings. Rule 111. (1) To advance the public policy of prohibition against all gambling activities not conducted in strict conformance with expressed legislative exceptions, including the regulatory framework established by the act, the commissi…

R 432.21112 Compliance meeting. Rule 112. (1) A compliance meeting notice shall be issued in accordance with section 92 of the Administrative Procedures Act. The compliance meeting allows the licensee or lessor to show compliance before the conduct of a contested case hearing. (2…

R 432.21113 Contested case hearing. Rule 113. (1) A contested case hearing notice shall be issued in accordance with section 71 of the Administrative Procedures Act. (2) The bureau may establish procedures for the conduct of contested case hearings, including the submission of ev…

R 432.21199 Rescission. Rule 199. (1) R 432.101 to R 432.118 of the Michigan Administrative Code, and appearing on pages 4468 and 4469 of the 1979 Michigan Administrative Code, page 426 of the 1980 Annual Supplement to the Code, and pages 478 to 489 of the 1984 Annual Supplement …

R 432.21201 Definitions. Rule 201. (1) As used in this part, "bona fide," when referring to an organization, means a nonprofit organization that meets all of the requirements of the act and these rules and is organized and operated to accomplish the purposes stated in the act for…