Michigan Administrative Code

R 423.164 Motion to consolidate or sever. Rule 164. The commission or administrative law judge designated by the commission may, on its own motion or on a motion by any party, order that a charge and any proceeding which may have been initiated with respect thereto, be consolidat…

R 325.164 Quality assurance. Rule 4. (1) For the purpose of assuring the quality of submitted data, a provider shall allow the department to inspect the parts of a patient's medical records as necessary to verify the accuracy of submitted data. (2) A health care provider who meet…

R 460.164 Appeal review. Rule 64. The regulation officer shall thoroughly review the customer hearing appeal and, when necessary, conduct further investigation. A party may offer new evidence if the regulation officer determines that it is relevant. When further investigation is …

R 247.164 Letting of projects; performance of construction engineering. Rule 4. (1) Local agency bridge projects, funded through the local bridge program, shall be let to contract by the department under the following conditions: (a) The highway authority has secured department a…

R 325.165 Amendment, replacement, and removal of records. Rule 5. (1) To protect the integrity and accuracy of the MCIR, information contained in the MCIR may only be amended, replaced, or removed as prescribed by these rules. (2) A provider who submits health information or the …

R 247.165 Design requirements for bridge projects. Rule 5. Bridge reconstruction and replacement projects, shall be designed to meet the current American Association of State Highway and Transportation Official's (AASHTO) guidelines as included in "A Policy on Geometric Design of…

R 423.165 Motion for summary disposition. Rule 165. (1) The commission or administrative law judge designated by the commission may, on its own motion or on a motion by any party, order dismissal of a charge or issue a ruling in favor of the charging party. Such a motion, or orde…

R 460.165 Customer hearing appeal decision. Rule 65. The regulation officer shall, within 30 days after the utility files the certified record, issue a written customer hearing appeal decision affirming, modifying, or reversing the customer hearing determination. In reversing or …

R 460.166 Failure to comply with customer hearing appeal decision. Rule 66. Failure of either party to comply with the decision within 10 days after the date that decision was served by mail shall permit implementation of the action or remedy provided by the decision. History: 20…

R 325.166 Confidentiality of reports. Rule 6. (1) The department shall maintain the confidentiality of all health information submitted to the department and shall not release the reports, immunization assessments, BMI screening data, or any information that, because of name, ide…

R 247.166 Open meetings. Rule 6. (a) The local bridge advisory board and regional bridge council meetings shall be made public as required by the open meetings act, 1976 PA 267, MCL 15.261-MCL 15.275. History: 2007 AACS.

R 423.166 Motion for reopening of record. Rule 166. (1) A party to a proceeding may move for reopening of the record following the close of a hearing conducted under Part 7 of these rules. (2) The motion shall be filed with either of the following: (a) The assigned administrative…

R 460.167 Same dispute. Rule 67. The commission staff may dismiss a subsequent informal appeal that involves the same question or issue based upon the same facts without following every procedure set forth in these rules. History: 2007 AACS; 2017 AACS.

R 325.167 Scientific advisory panel; release of information for research. Rule 7. (1) A research proposal that requires the release of information which identifies individuals in the MCIR shall be reviewed by the department's scientific advisory panel as established under R 325.9…

R 460.168 Formal appeal. Rule 68. Either party may appeal before the commission the decision of the regulation officer by filing a formal hearing request pursuant to the rules of practice and procedure before the commission in R 792.10101 to R 792.11903. If a formal hearing reque…

R 325.168 Exchange of records. Rule 8. By written agreement, the department may transmit transcripts or copies of public health records or reports to state or national secure public health data systems or individuals responsible for the health care of a person if the records or r…

R 460.169 Other remedies. Rule 69. Nothing in these rules shall be construed to prevent a party at any time from pursuing appropriate legal and equitable remedies. History: 2007 AACS; 2017 AACS.

R 325.169 Acceptance of immunization record as official record. Rule 9. An immunization record obtained from the MCIR shall be accepted as the official immunization record of the person for the purposes of satisfying the requirements of sections 9208 and 9211 of the act. History:…

R 281.170 Au Sable River system boundaries. Rule 120. The boundaries of the Au Sable river natural river district shall be as described in these rules and as depicted on the certified Au Sable river natural river zoning map with an effective date of August 15, 1990. The Au Sable …

R 317.171.1 Krakow township, parts of sections 23 to 26. Rule 1. Hunting for any wild animal or wild bird with a firearm or the discharge of a firearm is prohibited in those parts of sections 23, 24, 25, and 26, town 34 north, range 7 east, Krakow township, Presque Isle county, d…

R 32.171 Definitions. Rule 1. As used in these rules: (a) "Act" means Act No. 523 of the Public Acts of 1980, being S32.1001 et seq. of the Michigan Compiled Laws. (b) "Tribunal" means the military appeals tribunal established by the act. History: 1986 AACS.

R 125.171 Land acquisition and development proposals. Rule 171. (1) The authority staff may develop proposals for the use of money in the land acquisition and development fund created by the act. A proposal may be for the following: (a) The acquisition by grant, purchase, or othe…

R 325.171 Definitions. Rule 1. (1) As used in these rules: (a) "Appropriate local health department" means the local health department that has jurisdiction where an individual who has a disease or condition that is required to be reported resides or the local health department o…

R 247.171 Definitions. Rule 1. (1) "Reference standard studded tire" means size E 78-14, 4-ply, bias construction tubeless snow tire containing 90 studs (kennametal class III (16-3-585)) fixed in 6 rows around the tire with 15 studs in each row. This reference tire was chosen bec…

R 423.171 General provisions. Rule 171. (1) A hearing for the purpose of taking evidence upon a petition or complaint and attached charge shall be conducted by the commission or administrative law judge designated by the commission. The hearing shall be public unless otherwise or…

R 281.171 Au Sable river system principal uses; natural vegetation strip. Rule 121. (1) A principal use is allowed by right, but requires the issuance of a zoning permit by the zoning administrator. A principal use includes all of the following: (a) A single-family dwelling or sh…

R 32.172 Transmittal of documents. Rule 2. (1) All pleadings and other papers required to be filed with the Military Appeals Tribunal shall be mailed or delivered to the Military Appeals Tribunal, Department of Military and Veterans Affairs, 3411 N. Martin Luther King, Jr., Blvd.…

R 325.172 Disease reporting. Rule 2. (1) The department, as required in MCL 333.5111 (1), annually reviews, maintains, and publishes a list of reportable diseases, infections, and disabilities on the department's website. (2) Physicians and laboratories shall report the unusual o…

R 247.172 Applicability. Rule 2. (1) These rules apply to all public streets and highways in this state. (2) These rules do not prevent the application of any other statute or local ordinance which is more restrictive than these rules. Traction devices shall not be used pursuant …

R 281.172 Purpose; intent; scope. Rule 2. (1) The director, on his or her own motion, to implement the intent of Natural Rivers Part 305 of 1994 PA 451, and in the absence of local zoning to protect the Upper Manistee river, a designated natural river, promulgates these rules for…

R 423.172 Duties and powers of administrative law judge or fact finder. Rule 172. (1) An administrative law judge or fact finder shall inquire fully into the facts involved in the proceeding before him or her. (2) An administrative law judge or fact finder has the power to do all…

R 38.172 Conduct of evidentiary hearing. Rule 42. (1) An administrative law judge shall conduct a hearing for the purpose of taking evidence on a claim of appeal. Page 10 Courtesy of Michigan Administrative Rules (2) A party may call, examine, and cross-examine witnesses and intr…

R 125.172 Approval and implementation of proposals. Rule 172. (1) The authority shall review a proposal and recommendation and, if it determines that the proposal meets the requirements of the act and these rules, by resolution, it may approve the proposal and authorize and direc…

R 317.173.1 Saginaw township, portion; hunting prohibited. Rule 1. Hunting with, or the discharge of, a firearm is unlawful within the following described area of Saginaw township, Saginaw county:Beginning at a point in the northeast corner of Saginaw township at the junction of …

R 317.173.2 Saginaw township; hunting with rifle unlawful. Rule 2. Hunting with, or the discharge of, a rifle is unlawful in Saginaw township, Saginaw county, except at a target range recognized and approved by the township board. History: 1979 AC.

R 317.173.3 Thomas township, portion; hunting restricted. Rule 3. Hunting with, or the discharge of, a center-fire rifle, except at shooting ranges that are registered with the township clerk, is unlawful during the firearm deer season in that part of Thomas township described as…

R 32.173 Computation of period of time. Rule 3. In computing any period of time prescribed or allowed by these rules, by order of the tribunal, or by any applicable statute, the day of the act, event, or default after which the designated period of time begins to run is not to be…

R 423.173 Oral argument at hearing and briefs. Rule 173. A party is entitled upon request to a reasonable period at the close of the hearing for oral argument, which shall be made part of the record. A party is entitled, upon request made before the close of the hearing, to file …

R 247.173 Restrictions on use. Rule 3. After March 31, 1975, a vehicle or special mobile equipment shall not be operated on the public streets or highways of this state on metal or plastic track or on tires which are equipped with metal that comes in contact with the surface of t…

R 281.173 Construction of language: severability. Rule 3. (1) All of the following rules of construction apply to the text of these rules: (a) A "building" or "structure" includes any part thereof. (b) The phrase "used for" includes "arranged for," "designed for," "intended for,"…

R 38.173 Subpoenas. Rule 43. (1) The administrative law judge shall sign and issue a subpoena to a party requesting it for a witness or documentary or physical evidence. The requesting party shall fill in the subpoena before service. (2) A subpoena must state the title of the mat…

R 325.173 Reporting and surveillance requirements. Rule 3. (1) A physician shall report each case of a serious communicable disease that is listed and maintained by the department as required in, MCL 333.5111(1), except for human immunodeficiency virus infection and acquired immu…

R 125.173 Sale or exchange of property of authority. Rule 173. (1) The authority, by resolution, may authorize and direct the sale, assignment, transfer, conveyance, lease, mortgage, or other disposal or encumbrance of real or personal property or any interest therein, or part th…

R 317.174.1 East China township, east part. Rule 1. Hunting for a wild animal or wild bird with a firearm or bow and arrow or the discharge of a firearm or bow and arrow is prohibited within the following described area of East China township, St. Clair county: Beginning on the s…

R 247.174 Use of traction devices. Rule 4. Studs or other traction devices shall not be used unless they wear either concrete or asphalt pavements, typical of those in this state, at a rate not to exceed 25% of the reference standard studded tire. History: 1979 AC.

R 38.174 Discovery. Rule 44. There may be discovery by leave of the administrative law judge or stipulation of all parties. A party shall not file a motion for discovery unless the party has Page 11 Courtesy of Michigan Administrative Rules requested the discovery unsuccessfully.…

R 32.175 Notice of appearance. Rule 5. (1) Each appellate counsel shall file a written notice of appearance in the office of the state judge advocate general and with the tribunal. (2) The filing of any pleading or other paper relative to a case in the office of the state judge a…