Michigan Administrative Code

R 339.37 Investment of funds. Rule 37. Investments by an escrow agent shall be in accordance with MCL 328.222(7). Investment reports to registrants and contract buyers shall include the fair market value of the investments. Disbursement of investment funds shall be based upon the…

R 169.37 Cash or cash equivalents on hand following election; reporting. Rule 37. (1) The cash on hand at beginning of accounting period shall be part of the aggregate receipts for the next ensuing election, but need not be further itemized. (2) A committee shall not qualify for …

R 393.37 Illness or injury leave of absence. Rule 37. (1) A licensee may take a leave of absence for reasons of illness or injury pursuant to this rule. (2) A medical leave of absence is normally granted for up to 6 months. An extension may be granted for an additional 6 months. …

R 247.37 Supplemental statements. Rule 37. (1) A bidder who maintains accounting records on a cash basis shall submit a record of assets and liabilities on an accrual basis on the schedule provided in the prequalification application. (2) A bidder who maintains accounting records…

R 432.37 Fees. Rule 37 (1) The commissioner shall establish fees for all of the following: (a) The processing and investigative costs of licensing retailers. (b) Communications system installation, or relocation, or operation. (c) Failure of a retailer to promptly settle for any …

R 400.37 Findings of fact; proposal for decision. Rule 37. The presiding administrative law judge shall hear and weigh all evidence and shall prepare written findings of the facts and a proposal for decision. The findings of fact and the proposal for decision shall be mailed to t…

R 38.37 Disability application. Rule 37. (1) An individual who seeks a duty or non-duty disability retirement allowance, as provided in MCL 38.21 and 38.24 of the act, shall do both of the following: (a) File an application on a form provided by the retirement system, including t…

R 432.38 Result of invalid rule. Rule 38. If any rule or part of a rule is found to be invalid, only that rule or part thereof shall be considered to be invalid. History: 1986 AACS.

R 393.38 Educational leave of absence. Rule 38. A licensee may take a leave of absence for educational reasons. An educational leave of absence may be granted for up to 5 years under the following conditions: (a) The licensee shall have worked continuously in the program for a mi…

R 38.38 Suspension of retirement allowance. Rule 38. The retirement allowance of a retirant shall be suspended during any time period that the retirant returns to work in a position covered by the act unless the retirement allowance resulted from a bona fide termination of employ…

R 408.38 Application for advance payment of compensation. Rule 8. An applicant shall submit an application for advance payment of compensation on form WC-108, or its electronic equivalent. If the carrier, second injury fund, self-insurers' security fund, PEGSISF, or first respond…

R 299.38 Determination of cancer slope factors for use in calculation of criteria based on carcinogenic endpoints. Rule 38. (1) A non-threshold mechanism of carcinogenesis shall be assumed unless biological data adequately demonstrate the existence of a threshold on a hazardous s…

R 169.38 Petty cash fund. Rule 38. (1) A committee treasurer may establish a petty cash fund. (2) A petty cash fund shall be established only from funds withdrawn from a committee account. (3) A person making payments from a petty cash fund shall maintain records of the amount an…

R 209.38 Case record; availability to tax tribunal. Rule 38. The record in each case shall be available to the Michigan tax tribunal for subsequent proceedings as provided in section 154(4) of the act. History: 1979 AC; 1982 AACS; 2009 AACS. R 209.39 Rescinded. History: 1979 AC; …

R 400.38 Director decision. Rule 38. The director of the family independence agency shall review the proposal for decision and any exceptions and shall issue a decision. The decision shall be final and binding on the parties. Page 3 Courtesy of Michigan Administrative Rules Histo…

R 247.38 Equipment, experience, and key personnel. Rule 38. As part of the prequalification application, the bidder shall submit evidence of all of the following: (a) The availability of equipment required to perform work in the classifications for which the bidder seeks approval…

R 38.39 Disability retirement. Rule 39. (1) To receive a disability retirement under MCL 38.21 of the act, the member shall prove by a preponderance of the evidence that on or before the termination of his or her employment, he or she was totally incapacitated and that such incap…

R 393.39 Other leaves of absence. Rule 39. Up to 1 - year leave of absence may be granted to a licensee under the following conditions: (a) The licensee shall have been continuously active in the program for a minimum of 3 years. (b) The licensee may not bid on another facility u…

R 408.39 Redemptions. Rule 9. (1) An agreement to redeem the liability of the carrier, second injury fund, self-insurers' security fund, PEGSISF, silicosis and dust disease fund, or first responder presumed coverage fund must be submitted on form WC - 556, or its electronic equiv…

R 460.40 Collection of damage information and availability of records. Rule 40. Facility owners, facility operators, or excavators shall provide damage information to the commission upon commission request to fulfill the damage reporting requirements under Section 11 (6) of the a…

R 247.40 Audits; investigations; comparisons. Rule 40. (1) The director or director's designee, may perform or designate auditors to perform audits of the financial records or investigate any items regarding prequalification of a bidder. (2) The prequalification committee may cau…

R 299.40 Availability of information used by department to establish cleanup criteria; public review and comment on revised criteria. Rule 40. (1) The department shall make available to the public the detailed basis for calculation of any cleanup criterion established under these…

R 38.40 Social security estimate. Rule 40. If a member elects the equated payment under MCL 38.20(2) of the act, the estimated social security primary insurance amount shall be based on an estimate of the age 65 social security benefit obtained by the member from the social secur…

R 408.40 Stoppage, reduction, or suspension of compensation. Rule 10. (1) If compensation is being paid under an order or award of the magistrate, workers' disability compensation appeals commission, or an appellate court, then compensation may not be discontinued or reduced with…

R 393.40 Leave of absence for self-employment. Rule 40. (1) A leave of absence may be granted to a licensee to provide an opportunity for self-employment outside the program. The leave shall not be for more than 5 years. (2) A licensee who has 3 or more years of seniority may app…

R 32.41 Staff functions and sections. Rule 41. The comptroller division performs the major staff functions incident to obtaining, administratively controlling, and accounting for state funds needed to provide resources for the department and assists in the overall management of p…

R 425.41 Tailings basin dikes. Rule 41. (1) Before a person constructs a dike or dam for a tailings basin, including an impoundment of water for clarification or reuse, that person shall determine whether Act No. 184 of the Public Acts of 1963, as amended, being §281.131 et seq. …

R 408.41 Notice of insurance. Rule 11. (1) Every notice of issuance of a workers' disability compensation insurance policy must be reported to the agency on form WC - 400, or its electronic equivalent, insurer's notice of issuance of policy. If the employer is a partnership, the …

R 169.41 State campaign fund; reservation of funds. Rule 41. On or before January 1 of each year in which an election for governor is held, the state treasurer shall: (a) Reserve 3% of the funds available in the state campaign fund to make necessary adjustments required by formul…

R 209.41 Department of equalization; establishment; duties of director. Rule 41. (1) The county board of commissioners of each county shall establish a department of equalization and shall appoint a director of the department as provided in section 34 of the act. (2) The equaliza…

R 168.41 Definitions. Rule 1. (1) As used in these rules: (a) “Act” means the Michigan election law, 1954 PA 116, MCL 168.1 to 168.992. (b) “Approved form of transmission” means an encrypted or password protected, or both, flash drive or other electronic media used to store elect…

R 393.41 Maintaining leave of absence status. Rule 41. If, at any time during a leave of absence granted under R 393.35, R 393.36, R 393.37, R 393.38, R 393.39 and R 393.40, evidence is brought to the attention of the administrator that an individual has not met any of the criter…

R 247.41 Factors applied to assets. Rule 41. The assets as determined from the financial statement shall be used in computing the overall financial rating of a bidder by use of the sum of the following: (a) Working capital, either positive or negative, multiplied by 9. (b) Deprec…

R 38.41 Survivor benefit; equated pension. Rule 41. For purposes of this rule, the equated pension, as described in MCL 38.20(2) of the act, refers to the benefit before and after the retirant's attainment of age 65. If a member elects a survivor option, as provided in MCL 38.31(…

R 397.41 Class 1 public library; eligibility. Rule 41. (1) A class 1 public library serves a population of 3,999 or less. (2) A class 1 public library shall be accessible for a minimum of 15 hours per week. Page 5 Courtesy of www.michigan.gov/orr (3) A class 1 public library shal…

R 247.42 Ratings. Rule 42. The overall financial rating is expressed as a number truncated to the number of thousands for purposes of identifying a numerical rating in any given work classification. For example, an overall financial rating of $1,000,000.00 is converted to 1,000, …

R 32.42 Administrative services section. Rule 42. The administrative services section has primary responsibility in the functional areas of office management, state personnel, state payroll, property accounting, and the transportation work unit. Administration and information reg…

R 393.42 Return from leave of absence. Rule 42. (1) A vending facility that a licensee left for a long - term leave of absence shall not be reserved for the same licensee upon reentry into the program. (2) To return to active status after a leave of absence, a licensee is respons…

R 169.42 State campaign fund; payments to candidates. Rule 42. The state treasurer, beginning on January 1 of each year in which an election for governor is held, shall make payment immediately from the state campaign fund to eligible candidates on the basis of candidate applicat…

R 38.42 Service credit toward retirement. Rule 42. (1) Under MCL 38.1i(1) of the act all of the following shall apply: (a) Years of service are credited in accordance with the state fiscal year. (b) The maximum service credited on the payroll end date of any state biweekly pay pe…

R 209.42 Equalization; commission responsibilities. Rule 42. (1) In assisting the equalization departments in the conduct of the county equalization study, the commission staff shall do all of the following: (a) Review sales information. (b) Review appraisal methods. (c) Observe …

R 397.42 Class 2 public library; eligibility. Rule 42. (1) A class 2 public library serves a population of 4,000 to 6,999. (2) A class 2 public library shall be accessible for a minimum of 20 hours per week. (3) A class 2 public library shall employ a director possessing at least…

R 168.42 Access to electronic pollbook data and software. Rule 2. (1) The voter data contained in the electronic pollbook are public records subject to the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246. Voter data that is exempt from disclosure under section 13 of…

R 408.42 Application for specific risk insurance policy to cover specified construction site. Rule 12. An applicant may make written application to the agency for permission to obtain a specific risk insurance policy to cover all employers on a specified construction site where t…

R 425.43 Stacked tailings. Rule 43. Stacked tailings within a tailings basin shall be reduced to a slope which will permit effective vegetation or other treatment for the control of erosion. History: 1979 AC.

R 397.43 Class 3 public library; eligibility. Rule 43. (1) A class 3 public library serves a population of 7,000 to 11,999. (2) A class 3 public library shall be accessible for a minimum of 30 hours per week. (3) A class 3 public library shall employ a director possessing at leas…

R 169.43 Public funding of elections; qualifying contributions. Rule 43. Qualifying contributions for public funding of the primary or general elections may be obtained from April 1 of the year preceding the year in which a governor is elected until December 31 of the year in whi…