Michigan Administrative Code

R 500.1305 Excessive rates. Rule 5. (1) For the purposes of section 2603(1)(d) of the code, a rate is unreasonably high for the insurance coverage provided if it is unreasonably high in relation to anticipated losses or expenses, or both, or to the uncertainty of loss for the ins…

R 281.1306 Minor project categories. Rule 6. (1) The department shall grant or deny an application for a minor project after all of the following steps have been completed: (a) Submission of a complete application. (b) An on-site inspection by a department representative. (c) A r…

R 500.1306 Inadequate rates. Rule 6. For purposes of section 2603(1)(d) of the code, both of the following provisions apply: (a) A rate is unreasonably low for the insurance coverage provided if it is unreasonably low in relation to anticipated losses or expenses, or both, or to …

R 390.1306 School counselor license; applicant trained in out-of-state school counselor preparation program. Rule 6. (1) An applicant for a school counselor license trained in an out-of-state school counselor preparation program approved by the appropriate out-of-state agency sha…

R 432.1306 Casino license application. Rule 306. (1) A person applying for a casino license and a person required to be qualified as part of the application shall complete and submit an application and disclosure form or forms in the manner and form prescribed by the board. . (2)…

R 436.1307 Spirits. Rule 7. Distilled spirits shall not be advertised in this state unless the advertising is in accordance with these rules and the federal distilled spirits regulations published in 27 C.F.R., part 5, subpart H, 1969, as of January 1, 1975, which are incorporate…

R 390.1307 Temporary school counselor license; applicant trained in out-of- state school counselor preparation program. Rule 7. The superintendent of public instruction may issue a 1-year nonrenewable temporary school counselor license to an applicant for a school counselor licen…

R 325.1307 Licensure survey and complaint investigation process. Rule 1307. (1) A prelicensure survey is scheduled and announced. (2) All other licensure surveys and compliant investigations are unannounced. (3) A licensure survey or complaint investigation may be conducted by th…

R 500.1307 Unfairly discriminatory rates. Rule 7. (1) For purposes of section 2603(1)(d) of the code, a rate for a coverage is unfairly discriminatory in relation to another rate for the same coverage if the differential between the rates is not reasonably justified by difference…

R 281.1307 Performance bonds. Rule 7. (1) As authorized by the provisions of section 31(5) of the act, a permit to construct a new dam or reconstruct a failed dam may require a performance bond. A performance bond may be in the form of any of the following: (a) A surety bond. (b)…

R 281.1308 Project completion explained. Rule 8. Pursuant to the provisions of section 35(1)(a) of the act, completion of a new, reconstructed, enlarged, repaired, or altered dam occurs when all the work depicted on all approved drawings and all specification requirements have be…

R 500.1308 Expense provisions. Rule 8. (1) The expense portion of a rate shall, with regard to each category of expense, be examined and evaluated independently of the loss portion of the rate. Expenses shall not be presumed to change by the same percentage as losses are anticipa…

R 432.1308 Certificate of suitability. Rule 308. (1) The certificate of suitability is valid while the holder is making satisfactory progress toward meeting the conditions of the certificate of suitability. (2) If the board receives a written report from the executive director th…

R 390.1308 School counselor credential restrictions and expiration dates. Rule 8. (1) School counselor credentials issued under these rules have certain restrictions as to the nature of teaching or serving as a school counselor for which school districts or nonpublic schools may …

R 338.1309 Licensure by examination. Rule 9. An applicant for an athletic trainer license by examination shall submit a completed application on a form provided by the department with the requisite fee. In addition to satisfying the requirements of the code and the rules promulga…

R 390.1309 Initial program approval. Rule 9. (1) The state board shall approve standards for reviewing school counselor preparation programs. (2) The superintendent of public instruction shall approve school counselor preparation programs in accordance with the state board approv…

R 436.1309 Advertising approval. Rule 9. The commission reserves the right to review and reject advertising not in accordance with these rules. Upon written order of the commission, a manufacturer, an outstate seller of beer, an outstate seller of wine, or a wholesaler shall furn…

R 432.1309 Casino license issuance. Rule 309. (1) The holder of the certificate of suitability shall advise the board, in writing, when it believes that it has complied with the conditions of its certificate of suitability and other requirements of the board for granting and issu…

R 325.1309 Waiver from licensure survey. Rule 1309. (1) The department shall provide and make publicly available a procedure for when a licensee may be eligible for a waiver from a licensure survey. The procedure must include maintaining a list of approved accrediting bodies for …

R 500.1309 Expense allocation. Rule 9. (1) Expense provisions for each category of expenses shall be reasonably allocated among classifications in a manner that equitably reflects variations, if any, in the manner in which such expenses are anticipated to be incurred with respect…

R 281.1309 Inspection schedule. Rule 9. Inspection reports that are prepared pursuant to the provisions of R 281.1310 are due on a calendar year basis. The department shall notify the dam owner of the due date, by certified mail, not later than January 31 of the year in which the…

R 500.1310 Exemptions from rules. Rule 10. (1) The commissioner may, by order, exempt a coverage or type of insurance from the application of 1 or more individual rules if he or she determines that application of the rule or rules will be inappropriate based on the unique charact…

R 281.1310 Inspection reports. Rule 10. (1) Inspection reports shall include all of the information required in section 37(3) of the act. (2) An inspection report shall include all of the following parts: (a) A title sheet that includes all of the following information: (i) The n…

R 336.1310 Open burning. Rule 310. (1) A person shall not cause or permit open burning of refuse, garbage, or any other waste materials, except for the burning of any of the following: (a) Waste disposal material from and at 1- or 2-family dwellings that does not contain plastic,…

R 390.1310 Denial, suspension, or revocation of school counselor credential. Rule 10. (1) The superintendent of public instruction may refuse to grant, refuse to renew, suspend, revoke, or impose reasonable conditions on a school counselor credential for the following reasons: (a…

R 390.1311 Investigation. Rule 11. The superintendent of public instruction shall designate an employee of the department to perform the investigatory and prosecutorial functions regarding cases pertaining to school counselor credentials. Upon receipt of information that may serv…

R 281.1311 Emergency action plans. Rule 11. (1) An emergency action plan for a high or significant hazard potential dam shall be submitted to the county or local emergency management coordinator for review for consistency with county or local emergency operations plans and the Mi…

R 323.1311 Definitions. Rule 311. As used in this part: (a) "A 100-year flood" means a flood with a magnitude which has a 1% chance of occurring or being exceeded in any given year. (b) "Department" means the Michigan department of environmental quality. (c) "Encroachment" means …

R 325.1311 Program complaint. Rule 1311. (1) A program complaint filed with the department shall be limited to allegations that the program did not comply with the public health code, mental health code, other state laws, or these rules. (2) A complainant shall provide enough inf…

R 432.1311 Required insurance. Rule 311. (1) A casino licensee shall obtain and maintain insurance necessary to assure that the licensee or holder of a certificate of suitability is adequately insured to protect itself against the potential liabilities of constructing, owning, an…

R 421.1312 Board; composition; communications; full review. Rule 312. (1) The board of review shall be composed of representatives from 3 different representational sectors. One member shall be a representative of the general public and shall serve as chairperson. The remaining m…

R 432.1312 Casino license renewal. Rule 312. (1) A casino license may be issued for a 1-year period and may be renewed annually. (2) A casino licensee intending to renew its license must, at least 30 days before expiration of its license, submit the $25,000.00 annual license rene…

R 323.1312 Applicability of rules. Rule 312. These rules do not apply to any of the following: (a) A watershed that has a drainage area of less than 2 square miles when measured at the downstream limits of the proposed project. (b) An improvement proposed under Act No. 40 of the …

R 390.1312 Notice of basis for action; notice of right to hearing; informal conference to show compliance; referral for hearing. Rule 12. Subject to summary suspension under section 1539b(2) of the revised school code, 1976 PA 451, MCL 380.1539b, all of the following apply to act…

R 281.1312 Administrative monetary penalties. Rule 12. (1) As authorized pursuant to the provisions of section 51(8) of the act, an administrative penalty of not more than $500.00 per day may be assessed to a person as set forth in the schedule in subrule (2) of this rule for any…

R 281.1313 Dams exempt from rules. Rule 13. A dam is exempt from these rules if it is exempt from the act pursuant to the provisions of section 13(2) and (3) of the act. History: 1993 AACS.

R 390.1313 Action by superintendent of public instruction on proposal for decision. Rule 13. (1) The superintendent of public instruction may adopt, modify, or reverse a proposal for decision of the Michigan office of administrative hearings and rules or may Page 9 Courtesy of Mi…

R 325.1313 Complaint investigation of program complaint. Rule 1313. (1) An employee assigned by the department may conduct a complaint investigation of a program complaint to ensure compliance with state law or rule. (2) Complaint investigations pursuant to these rules may includ…

R 323.1313 Permit application; information. Rule 313. (1) An application to the department for a permit to occupy, fill, or grade lands in a floodplain, streambed, or channel of a stream shall be on an application form obtained from the department. (2) An application for a permit…

R 436.1313 Inside advertising signs and displays. Rule 13. (1) Except as provided for in this rule, a retail licensee shall ensure that an advertising sign for alcoholic liquor that is used inside the licensee's premises is an unilluminated sign that does not have a total area of…

R 432.1315 Notification of new financial sources required. Rule 315. A person that applies for or holds a casino license or any holding company, affiliate, or person that has control of a person that applies for or holds a casino license shall notify the board, in writing, as soo…

R 436.1315 Retail advertising space. Rule 15. A manufacturer, an outstate seller of beer, an outstate seller of wine, or a wholesaler shall not sell or in any manner furnish to a retail licensee, and a retail licensee shall not accept, either of the following: (a) Advertising whi…

R 323.1315 Criteria for determining permissibility of encroachments. Rule 315. (1) An encroachment in the floodway which, acting alone or in combination with existing or future similar works, may cause harmful interference shall not be approved. In making this determination, an a…

R 325.1315 Denial of application; revocation of license. Rule 1315. An application or license may be denied or revoked for 1 or more of the following reasons: (a) Violation of the public health code, the mental health code, or these rules. (b) Submission of false information to t…

R 125.1315 Community construction and conversion fees. Rule 315. (1) The following nonrefundable fees shall accompany the documents submitted under R 125.1905 for new community construction or for expansion of an existing licensed community: (a) Application for plans approval and…

R 323.1316 Minor project categories. Rule 316. Upon receipt of an application for a permit for any of the following minor projects, the department may act upon the application, if accompanied by a fee of $100.00, as provided for in section 3103 of Act. No.451 of the Public Acts o…

R 325.1317 License suspension. Rule 1317. A license may be subject to a summary suspension for any violation of the public health code, mental health code, or these rules that may, according to the determination of the department, pose a risk to the public health, safety, or welf…