Michigan Administrative Code

R 340.2 Pupils to be counted in membership. Rule 2. (1) To be counted in membership on the count dates, a pupil shall be enrolled and in regular daily attendance in the school district and maintain such status of enrollment on the count day as provided by statute or these rules. …

R 567.2 Prohibition against use of collection goals or quotas. Rule 2. The administrator shall not use collection goals or quotas during the conduct of an examination of records under the act . If a person has information that an auditor is using a collection goal or quota while …

R 397.03 Definitions; F to M. Rule 3. As used in these rules: (a) "Full time employment" means working a minimum of 35 hours a week. (b) "Jurisdictional service area" means the area that is within a public library's legal boundaries wherein the electors are authorized to vote on …

R 451.3.1 Notice filing. Rule 3.1. A notice filing for a security issued by an investment company that is a federal covered security as defined in section 18(b)(2) of the securities act of 1933, 15 U.S.C. §77r, that is not otherwise exempt under sections 201 to 203 of the act, MC…

R 322.3.1 Saugatuck Dunes natural area. Rule 1. The following described area in Saugatuck state park is dedicated as a natural area under the designation of Saugatuck Dunes natural area: Easterly 50 acres of the south 1/2 of the north 1/2, and south fractional 1/2 of section 33; …

R 451.3.2 State securities registrations and notice filings. Rule 3.2. (1) Pursuant to section 302 of the act, MCL 451.2302, the administrator designates the EFD to be authorized pursuant to subrule (2) of this rule to receive and store securities registrations, exemptions, notic…

R 451.3.3 Small corporate offering registration, SCOR. Rule 3.3. (1) This rule offers issuers an optional method of registration pursuant to the provisions of section 304 of the act, MCL 451.2304, for corporations or manager- managed limited liability companies issuing securities…

R 451.3.4 Registration by qualification; prospectus. Rule 3.4. (1) As a condition of registration by qualification, a prospectus containing the information and records specified in section 304(2) of the act, MCL 451.2304(2), must be sent or given by the issuer to each person to w…

R 451.3.5 Registration by qualification; reports and investigations. Rule 3.5. (1) As a condition of registration by qualification, the administrator may require that a report by an accountant, engineer, appraiser or other professional person be filed, and may require that the es…

R 451.3.6 Adoption by reference; statements of policy. Rule 3.6. (1) Unless waived by the administrator, the administrator shall apply the applicable statement of policy adopted by NASAA when conducting a merit review to determine whether an offering is fair, just, and equitable.…

R 451.3.7 Abandonment of registration statement. Rule 3.7. The administrator may begin proceedings to deny effectiveness of a registration statement under section 306(1) of the act, MCL 451.2306(1), if the applicant fails to complete or withdraw the application within 7 months af…

R 11.3 Appearance. Rule 3. When an appearance is made at a hearing, it shall be made either in person or by a duly authorized representative, or by counsel. History: 1979 AC.

R 330.3 Approval of alternate protocol. Rule 3. A county medical examiner or deputy county medical examiner may utilize an alternate protocol for all cases within a county to determine cause and manner of sudden and unexplained deaths of children under age 2. An alternate protoco…

R 432.3 License eligibility; application. Rule 3. (1) In addition to the requirements of section 23 of the act, the commissioner shall consider the following additional factors in determining the eligibility of any prospective licensee or renewal of a license as a retailer: (a) T…

R 388.3 Qualification of bonds. Rule 3. (1) To obtain final qualification of bonds, a school district shall, along with meeting any other requirements of section 7 of the act, MCL 388.1927, submit a final qualification application and supporting documentation in the form prescrib…

R 474.3 Applications; information to be submitted; determination. Rule 3. An applicant shall submit all items requested in the application, as required by MDOT. The applicant shall send the information specified in the act, and in these rules, to MDOT via electronic means or by m…

R 325.3 Burial-transit permit. Rule 3. The Michigan department of health and human services may authorize a registrars, mortuary science, and funeral director licensees to have full authority to make out and sign a new burial-transit permit where a dead human body is transferred …

R 445.3 Size classifications. Rule 3. (1) The commission may certify beverage containers for beverages other than beer, ale, or other malt drink of whatever alcoholic content. (2) The commission may certify beverage containers in 1 of the following size classifications; 7 oz.; 12…

R 420.3 Application procedure; requirements. Rule 3. (1) A person shall apply for a marihuana license on the form created by the agency and pay a nonrefundable application fee at the time the application is submitted. The applicant shall answer each question on the application, u…

R 257.3 Restricted drivers' licenses. Rule 3. (1) A restricted driver's license requiring the driver to wear appropriate corrective lenses while driving may be issued if corrective lenses are necessary to meet any vision requirement. (2) A restricted driver's license allowing day…

R 35.3 Submission of new evidence. Rule 3. Upon receipt of appeal, the executive secretary of the Michigan veterans' trust fund board of trustees shall request the appellant to submit within 10 days any new and material evidence that he may have to support his claim. History: 197…

R 280.3 Computation of supplemental benefits. Rule 3. (1) Supplemental benefits for county roads and state highways, which shall result from maintenance, improvement, or the installation of facilities, structures, or mechanical devices jointly determined to be necessary by the hi…

R 340.3 Pupils not to be counted in membership. Rule 3. Pupils not to be counted in membership on the count date include all of the following: (a) A pupil who moves out of the district before the count date unless otherwise provided by statute or these rules. (b) A pupil who is a…

R 206.3 Employer. Rule 3. (1) The term "employer" is defined in section 8(3) of Act No. 281 of the Public Acts of 1967, as amended, being S206.8(3) of the Michigan Compiled Laws. (2) The term "employer" means any person for whom an individual performs or performed any service, of…

R 409.3 Responsibilities of employer. Rule 3. (1) For a minor to be employed, a prospective employer or a person authorized by the prospective employer shall complete and sign a statement of intention to employ on a form prescribed by the department of education. (2) An employer …

R 338.3 Licensure by endorsement; audiologist. Rule 3. (1) An applicant for an audiologist license by endorsement shall satisfy the requirements of the code and the rules promulgated under the code, and all the following requirements: (a) Provide the required fee and a completed …

R 393.3 Program eligibility. Rule 3. (1) A blind individual is eligible for the vending facility program and is eligible for program training and assignments if any of the following provisions apply: (a) The person is unemployed. (b) The person is earning a weekly wage less than …

R 425.3 Exploration. Rule 3. Removal of overburden and extraction of limited amounts of materials is not open-pit mining when done only for the purpose of exploration and to the Page 2 Courtesy of www.michigan.gov/orr extent necessary to determine the location, quantity, or quali…

R 567.3 Authority of administrator; selection factors for examination. Rule 3. (1) The administrator or his or her designee shall have sole authority to select a person for examination or to participate in an examination of that person commenced by another state. Factors that may…

R 37.3 Commission; election and tenure of officers; quorum; voting. Rule 3. (1) The commission, each January, shall elect from its members by a majority vote of the commission a chairperson or co-chairpersons and such other officers as the commission shall determine, who shall se…

R 15.3 Meetings of the board. Rule 3. (1) The board may meet to address pending issues as determined by the chairperson and noticed by the executive secretary. All meetings of the board are open to the public pursuant to the open meetings act. The board may hold closed, Page 3 Co…

R 168.3 Other information on the affidavit of identity. Rule 3. (1) Subject to subrule (2) of this rule, a candidate who omits information required by section 558(2) of the Michigan election law, 1954 PA 116, MCL 168.558, may correct the omission by filing a new affidavit of iden…

R 397.04 Definitions; N to Z. Rule 4. As used in these rules: (a) "Participating library" means a public library that has joined a cooperative library. (b) "Personnel" or "employee" or "staff" means any person who is employed by or is an agent of a public library or a cooperative…

R 451.4.1 Broker-dealer; Canadian exemption. Rule 4.1. (1) A broker-dealer that is registered as a broker-dealer in 1 or more Canadian provinces and that does not have a place of business in this state may effect transactions in securities with or for, or attempt to effect the pu…

R 451.4.10 Application for investment adviser registration. Rule 4.10. (1) The application for initial registration as an investment adviser pursuant to section 406 of the act, MCL 451.2406, must be made by completing Form ADV pursuant to the form instructions and by filing the f…

R 451.4.11 Application for investment adviser representative registration. Rule 4.11. (1) Pursuant to section 406 of the act, MCL 451.2406, the application for initial registration as an investment adviser representative must be made by completing Form U4 pursuant to the form ins…

R 451.4.13 Custody prohibitions, limits, and conditions. Rule 4.13. (1) For purposes of this rule, the following definitions apply: (a) “Custody” means holding, directly or indirectly, client funds or securities, or having any authority to obtain possession of them or the ability…

R 451.4.14 Bonding requirement for certain investment advisers. Rule 4.14. (1) For purposes of this rule, “custody” is defined in R 451.4.13(1)(a) and (b). (2) Any bond required by this rule must be issued by a company qualified to do business in this state in the form determined…

R 451.4.15 Minimum financial requirements for broker-dealers. Rule 4.15. (1) A broker-dealer registered or required to be registered under the act, shall maintain net capital in such minimum amounts as are designated in SEC rule 15c3-1, 17 C.F.R. §240.15c3-1, promulgated under th…

R 451.4.16 Minimum financial requirements for Michigan investment markets. Rule 4.16. (1) A Michigan investment market, registered or required to be registered under the act, shall maintain net capital in such minimum amounts as are designated in SEC rule 15c3-1, 17 C.F.R. §240.1…

R 451.4.17 Minimum financial requirements for investment advisers. Rule 4.17. (1) For purposes of this rule “net worth” means an excess of assets over liabilities, as determined by generally accepted accounting principles, but does not include as assets any of the following: prep…

R 451.4.18 Financial statements. Rule 4.18. (1) Subject to subrule (4) of this rule, financial statements, when they are required to be filed with the administrator pursuant to the act, an administrative rule, or order of the administrator, must consist of a balance sheet, a stat…

R 451.4.19 Investment adviser brochure. Rule 4.19. (1) Unless otherwise provided in this rule, an investment adviser that is registered, or required to be registered, pursuant to section 403 of the act, MCL 451.2403, shall, pursuant to the provisions of this subrule, furnish each…

R 451.4.2 Merger and acquisition broker exemption. Rule 4.2. (1) The following definitions apply for purposes of this rule: (a) “Control” means the power to directly or indirectly direct the management or policies of a company, whether through ownership of securities, by contract…

R 451.4.20 Proxy voting. Rule 4.20. It is a fraudulent, deceptive, or manipulative act, for an investment adviser registered, or required to be registered, under section 406 of the act, MCL 451.2406, to exercise voting authority with respect to client securities, unless the advis…

R 451.4.21 Investment adviser policies and procedures. Rule 4.21. (1) As used in this rule: (a) “Access person” means a supervised person of an investment adviser who meets any of the following: (i) Has access to either nonpublic information regarding a client's purchase or sale …

R 451.4.22 Records required to be maintained by broker-dealers. Rule 4.22. A broker-dealer registered, or required to be registered, under the act, shall make, maintain, and preserve records in compliance with SEC rule 17a-3, 17 C.F.R. §240.17a-3, and SEC rule 17a-4, 17 C.F.R. §2…