Michigan Administrative Code

R 400.333 Permit duration; renewal process. Rule 333. (1) A permit shall be renewed before August 1 of each even numbered calendar year unless otherwise specified on the permit. (2) An initial permit issued after the effective date of these rules is good for 2 years unless otherw…

R 400.334 Nurse aide training program; permitting system; requirements. Rule 334. The department shall maintain a nurse aide training program permitting system that includes all the following: (a) Name of program. (b) Owner of program. (c) Address of program. (d) Permit number fo…

R 400.335 Program requirements. Rule 335. (1) Once issued a permit, a nurse aide training program shall do all of the following: (a) Provide sufficient permitted nurse aide trainers to meet the needs of the nurse aide candidates during classroom, laboratory, and clinical hours. (…

R 400.337 Inspection and evaluation process. Rule 337. (1) A pre-permit inspection must be scheduled and announced. All other permit inspections may be unannounced. (2) An inspection may be conducted by the department during any hours of operation of the permitted nurse aide trai…

R 400.339 Plan of correction. Rule 339. (1) If a deficient practice is identified by the department, either through an inspection and evaluation or a complaint investigation, the training program has 10 days to submit a plan of correction and identify specific dates to correct de…

R 400.341 Complaint filed with department regarding a nurse aide; procedure. Rule 341. (1) Any individual or entity may file an allegation against a certified nurse aide who is listed on the registry for a violation of abuse, neglect, or misappropriation of patient property. (2) …

R 259.344 Aircraft lights. Rule 344. (1) An aircraft in flight shall display position lights between the hours of official sunset and sunrise. (2) An aircraft parked, moored, or otherwise stationed within any area of an airport used, or available, for night flight operations shal…

R 400.345 Complaint filed against a nurse aide trainer or training program. Rule 345. (1) A complaint filed against a nurse aide trainer or nurse aide training program may be filed directly with the applicable nurse aide training program or the department. (2) A nurse aide traini…

R 400.347 Complaint filed with department; procedure. Rule 347. (1) A complaint filed with the department must be filed within 12 months after the alleged violation. If it is not filed within 12 months after the alleged violation, the department may investigate the complaint if t…

R 400.349 Investigation by department. Rule 349. (1) The department shall investigate a nurse aide training program, nurse aide trainer, or both, for a complaint that alleges violation of the act or these rules. (2) An investigation may include, but is not limited to, both of the…

R 18.351 Definitions. Rule 1. (1) As used in these rules: (a) "Accomplice" means any person who knowingly aids or assists another person in the commission of a crime, either before, during, or after the crime. (b) "Act" means 1976 PA 223, MCL 18.351 to 18.368. (c) "Civil infracti…

R 285.351 Definitions. Rule 1. (1) As used in these rules: (a) "Act" means sections 1 and 2 of 2000 PA322, MCL 285.301 and 285.302. (b) "Applicant" means any 1 of the following entities that does, or applies to do, value- added agricultural processing or related agricultural prod…

R 400.352 Authority; hearings. Rule 352. (1) Pursuant to section 21923(1) of the act, MCL 333.21923, the department shall investigate and take enforcement action for violations of the act or these rules. Page 16 Courtesy of Michigan Administrative Rules (2) The department shall i…

R 285.352 Application, submittal, election criteria, scoring, and decision process. Rule 2.(1) The department may conduct a grant program using monies from the agricultural development fund pursuant to the purposes and provisions of the act and may utilize up to 5% of the fund fo…

R 18.352 Attorney fees. Rule 2. (1) Attorney fees shall only be paid when the board makes an award to the claimant for medical expenses that the claimant has paid or for loss of earnings or loss of support, or both, payable to the claimant. The attorney shall not receive from the…

R 18.353 Application for compensation. Rule 3. An application for compensation shall be made on a form provided by the board. A copy of these rules shall be provided to any applicant upon request. History: 1983 AACS. 18.354 Claim filing time. Rule 4. (1) A claim is subject to the…

R 400.353 Notice of intent. Rule 353. (1) Except as provided in R 400.354, the department shall provide the certified nurse aide or permitted program or trainer with written notice, by certified mail or personal service to the address of record, of the facts or conduct that warra…

R 285.353 Eligibility and documentation required. Rule 3. (1) An applicant for funding shall complete an application containing all of the following: Page 5 Courtesy of www.michigan.gov/orr (a) A clear description of a proposed project or projects stating how the project is desig…

R 285.354 Contractual agreements. Rule 4. A contractual agreement between the department and the grantee is required for all projects authorized under the act. This agreement will detail the terms and conditions of the approved project between the department and the grantee. Hist…

R 400.354 Summary suspension. Rule 354. (1) The department may summarily suspend a certificate or permit if the department finds that the public health, safety, or welfare requires emergency action in accordance with section 92 of the administrative procedures act of 1969, 1969 P…

R 400.355 Opportunity to show compliance. Rule 355. When the department issues a notice of intent under R 400.353, a notice of compliance conference must accompany the notice of intent. The notice of compliance conference must state the date, time, and location or medium of the c…

R 400.356 Subpoena. Rule 356. (1) The department or presiding officer at an administrative hearing may issue a subpoena to do any of the following: (a) Compel the attendance of a witness to testify at an administrative hearing. (b) Produce books, papers, documents, or other items…

R 18.356 Nonreimbursable loss, damage, theft, and detriment. Rule 6. (1) Loss of, damage to, or theft of, personal property is not eligible for reimbursement. (2) Noneconomic detriment in the form of pain, suffering, inconvenience, physical impairment, or other nonpecuniary damag…

R 400.357 Notifications for neglect, abuse, misappropriation of property. Rule 357. (1) Within 10 business days after establishing neglect or abuse of a patient or misappropriation of the property of a patient, the department shall notify all of the following: (a) The nurse aide.…

R 247.357 Rehearing and appeals. Rule 157. (1) The department may order a rehearing in a contested case on its own motion or on request of a party. The decision to order a rehearing is discretionary with the department. (2) A person shall file a request for rehearing within the t…

R 247.358 Delegation of authority. Rule 158. Pursuant to section 79 of Act No. 306 of the Public Acts of 1969, as amended, being 24.279 of the Michigan Compiled Laws, the department may designate and authorize 1 or more persons to serve as hearing officers and preside in hearings…

R 18.358 Payment limitations. Rule 8. (1) When an award is ordered for funeral expenses, including burial expenses, the commission shall pay a burial benefit of not more than $2,000 for each victim for the date of injury on or before December 15, 2010 and not more than the amount…

R 18.360 Lost earnings award; permanent disability. Rule 10. When a protracted award is ordered for lost earnings and subsequent medical reports indicate permanent disability, the board shall require the claimant to file with the social security administration for disability bene…

R 18.361 Serious financial hardship determination. Rule 11. (1) In determining serious financial hardship under section 11 (7) of the act, the commission shall consider all of the financial resources of the claimant. (2) In all cases, the commission shall render a decision which …

R 18.362 Award; manner of payment; verification of treatment; claim file. Rule 12. (1) An award shall be paid in a lump sum, except for direct payments to medical care and other providers of services and for periodic payments to compensate for out-of-pocket expenses or loss of ea…

R 18.366 Conduct of hearing. Rule 16. (1) Where full board review, but not an evidentiary hearing, is requested, the board shall review the record and any additional information in support of the appeal. (2) If an evidentiary hearing is requested, one shall be held and the board …

R 18.367 Report and final decision of the board; judicial review. Rule 17. (1) After reviewing the claimant's file and record evidence, a proposed final decision containing written findings of fact setting forth the basis for decision shall be prepared by the chair. If the propos…

R 388.371 Definitions. Rule 1. As used in these rules: (a) "Act" means the state school aid act of 1979, 1979 PA 94, MCL 388.1601 to MCL 388.1897l. (b) “Center” means the center for educational performance and information as defined in the act. (c) "Department" means the departme…

R 395.371 Allowable career and technical education program expenses. Rule 141. Allowable expenses related to reimbursement for career and technical education on an added cost basis under section 61a of the state school aid act of 1979, 1979 PA 94, MCL 388.1661a, do not include mo…

R 395.372 Added cost determination. Rule 142. The distribution of added cost funding shall be determined by the department based on availability and eligibility for reimbursement under R 395.374. History: 1979 AC; 2010 AACS. Page 11 Courtesy of Michigan Administrative Rules

R 259.372 Place of business; requirements. Rule 372. (1) An applicant for an aircraft dealer's or manufacturer's license shall occupy a place of business with facilities appropriate to the conduct of business matters and the preparation and preservation of business records, inclu…

R 259.373 Sales tax license required. Rule 373. (1) An applicant for an aircraft dealer's or manufacturer's license shall possess a Michigan sales tax license at all times. The licensee shall conform to all applicable provisions of Act No. 122 of the Public Acts of 1941, as amend…

R 395.373 Eligible agencies. Rule 143. Area career and technical education centers as well as local and intermediate school districts which are not area career and technical centers but which are operating in compliance with all applicable statutory provisions and administrative …

R 395.374 Availability and eligibility for reimbursement. Rule 144. Availability of grants shall be made public by the department. An educational agency's career and technical education program shall be state approved and student enrollment data shall be reported as required on t…

R 388.374 Reporting requirements for specialized transportation services. Rule 4. (1) For each day during the first full school week in which an intermediate school district, local school district, or public school academy counts pupils in membership under section 6 of the act, M…

R 395.375 Approval. Rule 145. To be funded on an added cost basis, career and technical education programs shall be determined by the department to be in compliance with all applicable statutory provisions and administrative regulations. History: 1979 AC; 2010 AACS.

R 395.376 Administration of funds. Rule 146. (1) The department shall disburse added cost monies annually to eligible agencies which operate secondary state-approved career and technical education programs which are in compliance with all applicable statutory provisions and admin…

R 388.378 Reporting costs. Rule 8. By October 7 of each year, an intermediate school district, local school district, or public school academy shall file with the center the transportation expenditure report known as “SE-4094” in the manner prescribed by the center. History: 1987…

R 388.379 Reports of purchase of school buses. Rule 9. (1) Subject to subrule (2) of this rule, an intermediate school district, local school district, and public school academy shall report all of the following information as Page 3 Courtesy of www.michigan.gov/orr to a purchase…

R 388.380 Amortization allowances. Rule 10. (1) For each eligible vehicle used to transport eligible pupils, an intermediate school district, local school district, or public school academy shall determine and include in its state aid base additional allowances for vehicle rental…

R 388.381 Allowance for private contractors or common carriers. Rule 11. (1) An intermediate school district, local school district, or public school academy providing transportation to and from school by employing private contractors or Page 5 Courtesy of www.michigan.gov/orr co…

R 259.381 Location and notice. Rule 381. Hearings by the commission shall be conducted in accordance with Act No. 197 of the Public Acts of 1952, as amended, being SS24.101 to 24.110 of the Michigan Compiled Laws. Unless otherwise indicated, a hearing shall be held in the offices…