Michigan Administrative Code

R 408.10115 Machine spindles. Rule 115. (1) A wheel or flange that is secured by a spindle nut shall have the direction of the thread opposite that of the spindle rotation so that the nut will tighten as the spindle revolves. (2) A spindle shall be long enough to engage all the t…

R 418.10115 Responsibilities of insured employer or self-insurer. Rule 115. (1) An insured employer shall do all of the following: (a) Promptly file form 100, employer's basic report of injury, to report an injury that results in 7 or more days of disability, specific loss, or de…

R 792.10115 Motion practice. Rule 115. (1) All requests for action addressed to the administrative law judge, other than during a hearing, must be made in writing. Written requests for action must state specific grounds and describe the action or order sought. A copy of all writt…

R 792.10116 Stipulations. Rule 116. (1) The parties may agree upon facts, or any portion of facts, in controversy by written stipulation or by a statement entered into the record. (2) Stipulations shall be used as evidence at the hearing or subsequent proceedings. (3) Stipulation…

R 418.10116 Provider responsibilities. Rule 116. (1) When a licensed facility or practitioner licensed in this state treats an injured worker for a compensable work-related injury or illness and bills the workers' compensation carrier, the carrier shall reimburse the licensed pro…

R 325.10116 Addresses. Rule 116. The following are addresses and contact information of the department and other organizations referred to in these rules: (a) Department of Environment, Great Lakes, and Energy, Drinking Water and Environmental Health Division, 525 West Allegan St…

R 400.10117 Chief administrator; qualifications. Rule 117. A chief administrator, at the time of appointment, shall possess either of the following: Page 5 Courtesy of Michigan Administrative Rules (a) A master's degree in any of the following areas and 1 year of supervisory expe…

R 792.10117 Discovery. Rule 117. Except as otherwise provided for by statute or rule or by leave of the administrative law judge, discovery in a contested case shall not be allowed. History: 2015 AACS.

R 418.10117 Carrier responsibilities. Rule 117. (1) The carrier or its designated agent shall assure that a billing form is completed properly before making payment to the licensed provider or licensed facility. (2) A carrier may designate a third party to receive provider bills …

R 792.10118 Joint hearing; consolidation of proceedings; other orders. Rule 118. When separate pending cases involve a substantial and controlling common question of fact or law, the administrative law judge may take any of the following actions: (a) Order a joint hearing on any …

R 400.10119 Supervisor of direct care workers; qualifications. Rule 119. A supervisor of direct care workers shall possess either of the following: (a) A bachelor's degree in human services with 1 year of work experience in a facility, child caring institution, or a criminal just…

R 792.10119 Location. Rule 119. (1) The hearing system may schedule a hearing at any location or by remote means, including telephone, teleconference, or other platform, unless location is dictated by statute or controlling rules. (2) A party may request a change of venue or mean…

R 792.10120 Record. Rule 120. (1) The hearing system shall maintain an official record of each case or proceeding. (2) The record shall include all of the following: (a) Notice of hearings and orders of adjournment. (b) Prehearing orders. (c) Motions, pleadings, briefs, petitions…

R 418.10120 Recovery of payment. Rule 120. (1) Nothing in this rule shall preclude the recovery of payment for services and bills which may later be found to have been medically inappropriate or paid at an amount that is more than the maximum allowable payment. (2) If the carrier…

R 792.10121 Telephone and electronic hearings. Rule 121. (1) The administrative law judge may conduct all or part of a hearing by telephone, video-conference, or other electronic means. (2) All substantive and procedural rights apply to all hearings under this rule. History: 2015…

R 400.10121 Direct care worker; qualifications. Rule 121. (1) A direct care worker shall have completed 30 semester hours of college or equivalent quarter hours. (2) In place of meeting the requirement specified in subrule (1) of this rule, a direct care worker shall have a minim…

R 408.10121 General requirements. Rule 121. (1) An abrasive wheel shall be provided with a guard, except as noted in this subrule, which shall cover the spindle end, nut, and flange projections, as well as the periphery, other than where work is to be performed (see figures). Exc…

R 792.10122 Initial procedures; converting to prehearing. Rule 122. An initial hearing may be either an evidentiary hearing or a prehearing conference. For good cause, the administrative law judge may convert an initial hearing from an evidentiary hearing to a prehearing conferen…

R 792.10123 Hearing by brief. Rule 123. (1)When it appears to the administrative law judge that a material issue of fact does not exist, and the questions to be resolved are solely questions of law, the administrative law judge may direct that the hearing be conducted by submissi…

R 400.10123 Staff sufficiency. Rule 123. (1) A facility shall have a staffing pattern of administrative, supervisory, direct care, and other staff sufficient to perform the prescribed functions required by these administrative rules and to provide for the needs, protection, and s…

R 792.10124 Presentation. Rule 124. (1) A party may make or waive a closing statement. If a party elects to make a closing statement, the administrative law judge may order closing arguments to be submitted in writing and may require written proposed findings of fact and conclusi…

R 408.10124 Guarding cup wheels. Rule 124. (1) A cup wheel on a portable grinder shall be protected by a band-type guard. (2) A band-type guard shall be constructed as prescribed in figures 6 and 7 of R 408.10198 and tables 4 and 5 of R 408.10199 and adjusted within 1/2 inch of t…

R 408.10125 Exposure adjustments. Rule 125. A guard for an abrasive wheel on a bench, floor, or cylindrical grinder shall be constructed so that the peripheral protecting member can be adjusted to the decreasing diameter of the abrasive wheel.The distance between the abrasive whe…

R 400.10125 Initial staff orientation and ongoing staff training. Rule 125. (1) A facility shall provide an orientation program for all direct care workers. (2) A facility shall document that each direct care worker participated in 40 hours of planned orientation preceding indepe…

R 792.10125 Evidence; admissibility; objections; submission in written form. Rule 125. (1) The Michigan rules of evidence, as applied in a civil case in circuit court shall be followed in all proceedings as far as practicable, but an administrative law judge may admit and give pr…

R 792.10126 Evidence to be entered on record; documentary evidence. Rule 126. (1) Evidence in a proceeding must be offered and made a part of the record if admitted by the administrative law judge. Other factual information must not be used as the basis of the decision of the adm…

R 792.10127 Official notice of facts; evaluation of evidence. Rule 127. An administrative law judge may take official notice of judicially cognizable facts, and general, technical, or scientific facts within an agency's specialized knowledge. The administrative law judge shall no…

R 400.10127 Compliance with child protection law; development of plan required. Rule 127. A facility shall develop and implement a written plan to assure compliance with the provisions of Act No. 238 of the Public Acts of 1975, as amended, being S722.621 et seq. of the Michigan C…

R 792.10128 Witnesses. Rule 128. (1) The testimony of all witnesses shall be upon oath or affirmation. (2) Witnesses may be sequestered by the administrative law judge on his or her own initiative, or upon request of a party. (3) Opposing parties shall be entitled to cross examin…

R 792.10129 Summary disposition. Rule 129. (1) A party may move for dismissal of or judgment. The motion may be based on 1 or more of the following grounds: (a) No genuine issue of material fact. (b) A failure to state a claim for which relief may be granted. (c) A lack of jurisd…

R 400.10129 Privacy and confidentiality. Rule 129. A facility shall provide for resident and parent privacy and confidentiality and shall protect residents from exploitation. History: 1992 AACS.

R 792.10130 Post-hearing briefs. Rule 130. A party may request an opportunity to submit a post-hearing brief. The administrative law judge may grant or deny the request based on the nature of the proceedings. The administrative law judge may also require a post-hearing brief on h…

R 792.10131 Proposals for decision. Rule 131. (1) In the absence of authority conferred by statute, administrative rule, or delegation to issue a final decision, the administrative law judge who conducted the hearing or who has read the complete record shall issue a proposal for …

R 400.10131 Resident correspondence. Rule 131. (1) A facility shall establish and follow written policy and procedure granting residents the right to correspond with persons or organizations, subject only to the limitation necessary to maintain facility order and security. (2) Th…

R 400.10133 Resident visitation. Rule 133. (1) A facility shall establish and follow written visitation policy and procedures. The policy shall provide for visits at least weekly between each resident and the resident's parents, except where parental rights have been terminated o…

R 792.10133 Final decisions and orders. Rule 133. (1) Except where a controlling statute mandates the period for issuing final decisions or orders, an administrative law judge with final decision authority shall issue a final decision within a reasonable period of time. The final…

R 792.10134 Default judgments. Rule 134. (1) If a party fails to participate in a scheduled proceeding after a properly served notice, the administrative law judge may conduct the proceeding without participation of the absent party. If a party fails to participate in a proceedin…

R 400.10135 Religion policy. Rule 135. A facility shall establish and follow written policy and procedures that permit residents to participate in religious services and religious counseling on a voluntary basis, subject only to limitations necessary to maintain order and securit…

R 792.10135 Request for reconsideration. Rule 135. (1) If the decision or order of an administrative law judge is final, a party may file a request for reconsideration and the administrative law judge may grant the request for reconsideration upon a showing of material error. (2)…

R 792.10136 Request for rehearing. Rule 136. (1) Where for justifiable reasons the record of testimony made at the hearing is found to be inadequate for purposes of judicial review, the administrative law judge on his or her own initiative, or on request of a party, shall order a…

R 792.10137 Appeals. Rule 137. If an appeal of a final decision or order is taken to circuit court, probate court or the court of appeals, the appellant shall file a copy of the claim or application of appeal with the hearing system. History: 2015 AACS. Page 22 Courtesy of Michig…

R 400.10137 Grievance procedure. Rule 137. (1) A facility shall have and follow a written grievance procedure. (2) The grievance procedure shall be explained and made available to residents and their parents. (3) The grievance procedure shall allow for the progression of a grieva…

R 400.10139 Resident records; admission information. Rule 139. Upon admission to a juvenile facility, the facility shall obtain all of the following information for each child: (a) Date and time of admission. (b) Name. (c) Last known address. (d) Name, title, and signature of del…

R 408.10141 General requirements. Rule 141. (1) An abrasive wheel shall be mounted between flanges, except as noted below, which shall not be less than 1/3 the diameter of the abrasive wheel. Exceptions: (a) Mounted wheel. (b) Portable cup, plug and cone wheels with threaded inse…

R 400.10143 Daily population list. Rule 143. A facility shall maintain a daily up-to-date single master population list that identifies all residents who are housed in the facility. History: 1992 AACS.

R 400.10145 Admission; policy and procedure. Rule 145. (1) A facility shall establish and follow written policy and procedure which governs the reception and orientation of newly admitted residents. (2) Each child brought into the intake process shall be informed of the steps in …

R 400.10147 Personal possessions. Rule 147. A facility shall establish and follow written policy and procedure requiring that a written, itemized list is made of all personal property in the possession of a newly admitted resident. A copy of this list, which notes all property th…