Michigan Administrative Code

R 408.10204 Availability of OSHA adopted regulations. Rule 204. (1) The OSHA regulations adopted in these rules are available from the United States Department of Labor, Occupational Safety and Health Administration website: www.osha.gov, at no charge, as of the time of adoption …

R 325.10204 Initiation of contested case hearing. Rule 204. (1) Contested case hearings may be initiated by the chief of the bureau of environmental and occupational health. Except in the case of suspension or revocation of a license, permit, order, variance, or exemption, the ch…

R 408.10205 MIOSHA referenced standards. Rule 205. The following Michigan Occupational Safety and Health Administration (MIOSHA) standards are referenced in these rules. Up to 5 copies of these standards may be obtained at no charge from the Michigan Department of Licensing and R…

R 400.10205 Residential care after 48 hours. Rule 205. A detention or shelter care facility shall continue to provide care for a resident for more than 48 hours only after it has been established that the facility is an appropriate placement for the resident in accordance with ap…

R 325.10205 Notice of contested case hearing. Rule 205. When a contested case hearing is initiated, the division shall provide notice to those known persons who may be materially affected by the proceedings. The notice shall be by mail or by publication, or both, as may be necess…

R 418.10205 Consultation services. Rule 205. (1) An attending physician, carrier, third-party administrator, or the injured worker may request a consultation. Procedure codes 99242 to 99245 and 99252 to 99255 must not be used for consultation examinations. Providers shall use the…

R 792.10205 Computation of time. Rule 205. (1) In computing any period of time contemplated by these rules, the time in which an act is to be done is computed by excluding the first day, and including the last day, unless the last day is a Saturday, Sunday, or state legal holiday…

R 325.10206 Hearing officer; record of proceedings; proposal for decision. Rule 206. That portion of a contested case hearing in which testimony and evidence is to be taken may be referred to a hearing officer who shall be designated and authorized by the director to preside at t…

R 400.10207 Admission physical examination; screening for communicable disease. Rule 207. (1) A detention or shelter care facility shall arrange for an admission physical examination for each resident not later than 7 calendar days after admission. (2) A facility shall have and f…

R 418.10207 Mental health services. Rule 207. (1) A psychiatrist only, shall use procedure code 90792 to describe a psychiatric diagnostic evaluation with medical services, or shall use a new patient evaluation and management code instead of 90792 to describe a psychiatric diagno…

R 792.10207 Administrative law judge; substitution. Rule 207. If an administrative law judge is disqualified, incapacitated, deceased, otherwise removed from, or unable to continue a hearing or to issue a proposal for decision or final order as assigned, another administrative la…

R 325.10207 Division files and records; availability; evidence. Rule 207. The files and records of the division specified in notices of determination and hearing, except those materials exempted by section 13 of Act No. 442 of the Public Acts of 1976, being §15.243 of the Michiga…

R 418.10208 Vision services. Rule 208. (1) A medical diagnostic eye evaluation by a practitioner is an integral part of all vision services. (2) Intermediate and comprehensive ophthalmological services include medical diagnostic eye evaluation and services, such as slit lamp exam…

R 325.10208 Stipulations and consent orders; final orders. Rule 208. (1) A person cited to appear at a hearing noticed by the division, and who desires to dispose of the contested case by stipulation or consent order, may mail to the director not later than 10 days before the dat…

R 400.10208 Preliminary resident plan. Rule 208. A brief written plan shall be developed within 7 calendar days of admission for each resident in a detention or shelter care facility. The plan shall include both of the following: (a) An assessment of the resident's immediate and …

R 338.10209 Licensure by examination; licensed practical nurse; requirements. Rule 209. (1) An applicant for licensure by examination shall submit a completed application on a form provided by the department, together with the requisite fee. (2) In addition to meeting the require…

R 400.10209 Resident report. Rule 209. (1) A written resident report shall be completed 30 days after admission and every 15 days thereafter for each resident in a detention or shelter care facility. The report shall include all of the following: (a) The reasons for continued car…

R 792.10209 Exclusion or redaction of personal identifying information. Rule 209. The responsibility for excluding or redacting personal identifying information from all documents or physical evidence used at hearing, filed with or offered to the tribunal, rests solely with the p…

R 418.10209 Hearing services. Rule 209. (1) A provider performing a comprehensive otorhinolaryngologic evaluation shall report the service using the appropriate evaluation and management service. (2) A provider shall not report an otoscope, a rhinoscopy, or a tuning fork test in …

R 338.10210 Examinations; licensed practical nurse; eligibility; reexaminations. Rule 210. (1) To determine eligibility for the NCLEX-PN examination, an applicant shall submit a completed application on forms provided by the department, together with the requisite fee. (2) To be …

R 792.10211 Service of pleadings and other documents; statement or proof of service. Rule 211. If a question concerning proper service is raised, the person or party claiming to have effectuated proper service bears the burden of proof. When service is made by mail, a return post…

R 400.10211 Resident release report. Rule 211. When a resident is released from a detention or shelter care facility, all of the following shall be documented: Page 19 Courtesy of Michigan Administrative Rules (a) The reason for release. (b) The new location of the resident, if k…

R 792.10213 Payment of fees; waiver of fees; refund of fees. Rule 213. (1) Tribunal fees must be paid separately for each contested case in cash or by check, money order, or other draft payable to the order of “State of Michigan.” Payments must be mailed or delivered to the tribu…

R 338.10213 Lapsed licensed practical nurse license; relicensure requirements. Rule 213. (1) An applicant for relicensure whose licensed practical nurse license in this state has lapsed under section 16201(3) or (4) of the code, MCL 333.16201, may be relicensed by complying with …

R 418.10214 Orthotic and prosthetic equipment. Rule 214. (1) A copy of a prescription by 1 of the following is required for prosthetic and orthotic equipment: (a) A doctor of medicine. (b) A doctor of osteopathic medicine and surgery. (c) A doctor of chiropractic. (d) A doctor of…

R 792.10215 Signatures. Rule 215. (1) If a document is required to be signed by these rules, the document must be signed by the filing party or, if the party is represented by an attorney or authorized representative, by the party or the party's attorney or authorized representat…

R 792.10217 Costs. Rule 217. (1) The tribunal may, upon motion or its own initiative, award costs in a contested case, as provided by section 52 of the tax tribunal act, MCL 205.752. (2) If costs are awarded, a bill of costs must be filed with the tribunal and served on the oppos…

R 792.10219 Service of decisions, orders, and notices. Rule 219. Service of decisions, orders, and notices entered in a contested case shall be made on each party at that party's last known mailing or email address, unless an attorney or authorized representative is appearing on …

R 792.10221 Appeals. Rule 221. An appeal from a decision of the tribunal must be taken in accordance with section 53 of the tax tribunal act, MCL 205.753. If an appeal is taken to the court of appeals, then the appellant shall file a copy of the claim of appeal with the tribunal.…

R 792.10223 Fees. Rule 223. (1) Fees shall be paid to the tribunal for the filing of all petitions and motions in each contested case. If a petition or motion is filed by mail, delivery, or through the tribunal's e- filing system, the fee shall be paid upon filing. If a motion is…

R 792.10231 Motions. Rule 231. (1) All requests to the tribunal requiring an order in a contested case, including stipulated requests, must be made by written motion that is signed and filed with the tribunal and accompanied by the appropriate fee, unless otherwise ordered by the…

R 792.10233 Petitions. Rule 233. (1) A petition must be signed and contain a clear and concise statement of facts, without repetition, upon which the petitioner relies in making its claim for relief. The statement must be made in separately designated paragraphs. The contents of …

R 792.10235 Answers. Rule 235. (1) The respondent shall file an answer or responsive motion within 28 days after the date of service of the petition with noted docket number. Failure to file an answer or responsive motion within 28 days may result in the holding of the respondent…

R 792.10237 Defaults; failure to appear; withdrawals; transfers. Rule 237. (1) If a party has failed to plead, or otherwise proceed as provided by these rules or a tribunal order, the tribunal may, upon motion or its own initiative, hold that party in default. A party held in def…

R 792.10241 Valuation disclosure; witness list. Rule 241. (1) A party's valuation disclosure in a property tax contested case must be submitted to the tribunal and the opposing parties as ordered by the tribunal. However, a party may, if the party has reason to believe that the o…

R 792.10243 Interrogatories to parties. Rule 243. (1) A party to a contested case may serve upon all adverse parties written interrogatories to be answered by the party to whom the interrogatories are directed. (2) Interrogatories must be answered separately and fully in writing …

R 792.10245 Depositions. Rule 245. Parties may stipulate to take depositions or may, by written motion, request to take the testimony of any person, including a party, by deposition for the purpose of discovery or for use as evidence in the contested case, or for both purposes, a…

R 792.10249 Consequences of refusal to make discovery. Rule 249. If a party refuses to comply with an order issued under R 792.10243(3) or R 792.10247(4), then the tribunal may, upon a motion, hold that party in default or issue other orders in regard to the refusal as justice re…

R 792.10251 Prehearing conference. Rule 251. (1) Except as provided by R 792.10239 or as otherwise ordered by the tribunal, a prehearing conference must be held in all contested cases pending in the entire tribunal. (2) Each party shall submit a prehearing statement as ordered by…

R 792.10253 Stipulations. Rule 253. (1) A consent judgment may be entered upon submission of a stipulation with appropriate fee, if the stipulation meets all of the following: (a) It was filed after the filing of a petition and answer. (b) It is signed by all parties or their att…

R 792.10255 Hearings. Rule 255. (1) When a contested case is ready for hearing, the tribunal shall issue a notice of hearing. The notice of hearing must indicate the date, time, and video link for the conducting of a hearing by video conference or the date, time, and location of …

R 792.10257 Subpoenas. Rule 257. (1) On written request signed by a party to a contested case, the tribunal, shall, as provided by section 36 of the tax tribunal act, MCL 205.736, issue subpoenas for the attendance and testimony of witnesses and, if appropriate, the production of…

R 792.10259 Conduct of hearings. Rule 259. (1) All hearings before the entire tribunal must be recorded either electronically or stenographically, or both, in the discretion of the tribunal. (2) Without leave of the tribunal, a witness may not testify as to the value of property …

R 792.10261 Rehearings or reconsideration. Rule 261. (1) The tribunal may order a rehearing or reconsideration of any decision or order upon its own initiative or motion filed within 21 days after the entry of the decision or order sought to be reheard or reconsidered. (2) No res…

R 792.10263 Witness fees. Rule 263. A witness who is summoned to a hearing, or whose deposition is taken, shall receive the same fees and mileage as witnesses in the state's circuit courts. A witness shall not be required to testify until the fees and mileage provided for have be…

R 792.10265 Jurisdiction. Rule 265. (1) A contested case disputing a property's state equalized or taxable value may be heard in the small claims division if any 1 of the following properties is exclusively involved: (a) Real property classified as residential real property under…

R 792.10267 Records. Rule 267. (1) A formal transcript may not be taken for any hearing conducted in the small claims division, unless otherwise provided by the tribunal. (2) An informal transcript of a hearing conducted in the small claims division is not a record of the hearing…