Michigan Administrative Code

R 338.10403 Advertisement of services. Rule 403. Only nurses certified in a nursing specialty field may hold themselves out to the public as nurse specialists using the title clinical nurse specialist, nurse anesthetist, nurse midwife, or nurse practitioner. Conduct contrary to t…

R 338.10404 Specialty certification qualifications; nurse anesthetist. Rule 404. A specialty certification for a nurse anesthetist shall be granted to a registered professional nurse who satisfies all of the following requirements: (a) Holds a current and valid license to practic…

R 792.10404 Information, documents, and communications. Rule 404. (1) Pleadings and other documents must conform to all requirements of these rules. The secretary, upon reasonable request, shall provide advice about the form of pleadings and other documents to be filed in a proce…

R 418.10404 Follow-up care occurring during global service. Rule 404. (1) Follow-up care for a diagnostic procedure must refer only to the days required to recover from the diagnostic procedure and not the treatment of the underlying condition. (2) Follow-up care for therapeutic …

R 325.10404 Tier 3 public notice; form, manner, and frequency of notice. Rule 404. (1) A tier 3 public notice is required for all of the following violation categories and other situations in a community or noncommunity water supply that is subject to R 325.10401a: (a) Monitoring…

R 325.10405 Content of public notice. Rule 405. (1) If a community or noncommunity water supply that is subject to R 325.10401a has a violation or situation requiring public notification, then each public notice must include all of the following elements: (a) A description of the…

R 400.10405 Ventilation. Rule 405. (1) Except for a basement, each habitable room shall have direct outside ventilation by means of windows, louvers, air conditioning, or mechanical ventilation. (2) Each door, window, and other opening to the outside which is used for ventilation…

R 325.10406 Notice to new billing units or new customers. Rule 406. (1) Community water supplies shall give a copy of the most recent public notice for continuing violations, the existence of a variance or exemption, or other ongoing situations requiring a public notice to all ne…

R 792.10406 Filing and service of documents. Rule 406. (1) Pleadings and other documents are filed with the commission by filing with the secretary. Except as provided in subpart E of these rules and except as otherwise provided by statute or order of the commission or presiding …

R 792.10407 Proceedings; location; time. Rule 407. Meetings of the commission and hearings in all proceedings held pursuant to any statute or these rules must be held at the commission's offices located at 7109 West Saginaw Highway in Lansing, Michigan 48917 or such other place a…

R 400.10407 Lighting. Rule 407. (1) Every sleeping room that is occupied by residents shall have natural light from a source which is equal to not less than 8% of the floor area for that room. A skylight, louver, glass-blocked panel, or similar light-transmitting device shall not…

R 325.10407 Special notice of the availability of unregulated contaminant monitoring results. Rule 407. (1) A community or nontransient, noncommunity water supply required to monitor under 40 CFR 141.40, as referenced in R 325.10401a, shall notify persons served by the water supp…

R 792.10408 Cost of copies of decisions and transcripts. Rule 408. A copy of the decision or order in a proceeding must be served electronically to each party to the proceeding. Paper copies of transcripts and proposals for must be furnished at rates consistent with current polic…

R 325.10408 Periodic progress reports; correction of violations and notification of customers. Rule 408. The department may require a public water supply to submit periodic reports on progress being made to correct a violation of an MCL, order, or a variance or exemption, and to …

R 325.10409 Notice by department on behalf of the public water system. Rule 409. (1) The department may give the notice required by this part on behalf of the public water supply if the department complies with the requirements of this part and may charge costs incurred by the de…

R 792.10409 Computation of time. Rule 409. In computing any period of time prescribed or allowed by these rules, by order of the commission or the presiding officer, or by any applicable statute, the day of the act, event, or default after which the designated period of time begi…

R 400.10409 Water supply. Rule 409. (1) The water supply for a facility shall comply with the requirements of the department of public health. The installation of new wells or repairs on existing wells shall be done by a water drilling contractor who is registered under sections …

R 792.10410 Petitions. Rule 410. (1) A person who is not a complainant, respondent, applicant, or staff, and who claims an interest in a proceeding may petition for leave to intervene. Unless otherwise provided in the notice of hearing, a petition for leave to intervene must be f…

R 325.10410 Public education regarding lead; consumer notice of lead and copper. Rule 410. (1) Each community and noncommunity water supply that monitors for lead and copper under R 325.10710a shall deliver a consumer notice of lead and copper tap water monitoring results to pers…

R 418.10410 Incidental surgeries. Rule 410. The carrier shall not pay a bill for an incidental surgery which is not part of the primary procedure performed, and for which there is no diagnostic evidence or relationship to the covered work injury. History: 1998-2000 AACS. R 418.10…

R 400.10411 Toilet and bathing facilities. Rule 411. The following toilet and bathing facilities shall be provided: (a) Toilets that allow for individual privacy, unless such toilets are inconsistent with a toilet training program or security program. (b) Bathing and toilet fixtu…

R 325.10411 Annual consumer confidence reporting; purpose; applicability. Rule 411. (1) R 325.10411 to R 325.10415 establish the minimum requirements for the content, recordkeeping, and delivery of annual consumer confidence reports that community water supplies shall prepare and…

R 792.10411 Objections; answers. Rule 411. Any party may file an objection to a petition for leave to intervene or an answer to a request for affirmative relief contained in a petition for leave to intervene on or before the date set for the initial hearing or prehearing conferen…

R 325.10412 Annual consumer confidence reporting; effective dates. Rule 412. (1) Each existing community water system shall deliver its report by July 1 annually. Each report shall contain data collected during, or before, the previous calendar year. (2) The supplier of a new com…

R 792.10412 Grant or denial. Rule 412. (1) At the initial hearing or prehearing conference or as soon as otherwise practicable and appropriate, the presiding officer shall grant or deny, in whole or in part, a petition for leave to intervene or, if appropriate, may authorize limi…

R 325.10413 Annual consumer confidence reporting; content of reports. Rule 413. (1) Each community water supply shall provide to its customers an annual report that contains the information specified in this rule and the information specified in R 325.10414. (2) Each report shall…

R 792.10413 Participation without intervention. Rule 413. (1) In a proceeding to fix rates or investigate conditions of service of a utility subject to the jurisdiction of the commission, a person may appear without a formal petition for leave to intervene. There must be a full d…

R 400.10413 Food service facilities, equipment, and procedures. Rule 413. Facilities, equipment, and procedures used in the preparation, storage, and service of food shall comply with the applicable provisions of sections 12901 to 12922 of Act No. 368 of the Public Acts of 1978, …

R 325.10414 Annual consumer confidence reporting; required additional health information. Rule 414. (1) All reports shall prominently display the following language: "Some people may be more vulnerable to contaminants in drinking water than the general population. Immuno compromi…

R 792.10415 General provisions. Rule 415. (1) A contested case proceeding must be held when required by statute and may be held when the commission so directs. (2) After a proceeding has been assigned to a presiding officer, the presiding officer may rule on all matters of eviden…

R 325.10415 Annual consumer confidence reporting; report delivery; recordkeeping. Rule 415. (1) Except as provided in subrule (7) of this rule, each community water supply shall mail or otherwise directly deliver 1 copy of the report to each customer. (2) The supply shall make a …

R 400.10415 Garbage and refuse. Rule 415. (1) Garbage shall be stored in fly-tight, watertight containers with tight-fitting covers. A garbage can shall be provided with a waterproof liner or shall be thoroughly cleaned after each emptying. (2) Garbage and refuse shall be removed…

R 418.10416 Assistant surgeon. Rule 416. (1) The carrier shall reimburse for an assistant surgeon service for those surgical procedures designated by CMS as allowing additional reimbursement for a surgical assistant. The surgical procedures allowing reimbursement for an assistant…

R 792.10416 Simplified procedure. Rule 416. When agreed to by all parties the presiding officer may direct that a proceeding be processed under simplified procedure if it appears that substantially all issues of material fact can be resolved by means of written submissions and th…

R 400.10417 Sewage disposal. Rule 417. Sewage and other water-carried wastes shall be disposed of through a municipal sewer system where such a system is available. Where a municipal sewer connection is not available, liquid waste shall be discharged into an approved private syst…

R 792.10417 Initial notice of hearing. Rule 417. Except as otherwise provided by statute or the commission, not less than 14 days before the date set for the initial hearing, written notice of the hearing must be provided to all parties and other persons as the commission or its …

R 418.10417 Ophthalmological surgical procedures. Rule 417. Ophthalmological surgical procedure codes for the removal of a foreign body include topical anesthesia, fluorescein staining, and lavage. Page 24 Courtesy of Michigan Administrative Rules History: 1998-2000 AACS. PART 5.…

R 792.10418 Participation by staff. Rule 418. Staff may enter an appearance in any proceeding before the commission and present testimony as to the results of its accounting, engineering, and economic investigations, studies, inspections, enforcement activities, or other technica…

R 792.10419 Appearances; attorneys. Rule 419. (1) In any proceeding before the commission that is a contested case as defined in section 3(3) of the administrative procedures act of 1969, 1969 PA 306, MCL 24.203(3), all parties shall be represented by licensed attorneys, except t…

R 400.10419 Heating equipment. Rule 419. (1) Heating equipment shall be capable of maintaining a temperature of not less than 68 degrees Fahrenheit at a point 4 feet above the floor. An accurate thermometer shall be provided. (2) Hot water radiators, steam radiators and pipes, or…

R 325.10420 Annual consumer confidence reporting; contaminants for vulnerable subpopulation. Rule 420. Pursuant to section 14 of the act, if any contaminants listed in table 1 of this rule are detected above a level of concern as indicated in table 1 of this rule, then the consum…

R 792.10421 Prehearing conferences. Rule 421. (1) A prehearing conference may be held for any of the following purposes: (a) Identifying and simplifying the factual and legal issues to be resolved. (b) Amending pleadings by agreement or by prehearing order. (c) Ruling on petition…

R 400.10421 Swimming beaches and pools. Rule 421. (1) The water and beach area of a natural swimming area of a facility shall be free from contamination by garbage, refuse, sewage pollution, and hazardous foreign or floating materials. A survey or evaluation of the quality of the…

R 792.10422 Adjournments. Rule 422. (1) Unless the presiding officer allows otherwise, a request for adjournment shall be by motion or stipulation made orally at a hearing or in writing and shall be based on good cause. (2) A motion or stipulation for adjournment shall state the …

R 792.10423 Discovery. Rule 423. Discovery shall, as far as practicable, be conducted in the same manner as in the circuit courts of this state pursuant to the Michigan court rules or as otherwise provided by law. When appropriate, the presiding officer shall set time limitations…

R 792.10424 Subpoenas; orders to attend. Rule 424. (1) At any time in a proceeding, a commissioner or the presiding officer may issue a subpoena or order for a party or witness to attend and testify orally on a date and time certain until excused by the presiding officer and to p…

R 792.10425 Subpoenas; service; failure to comply with subpoenas. Rule 425. A subpoena shall be served in the manner prescribed by statute or court rule for subpoenas in civil actions in circuit court. It may be served at any place within the state. If a person fails to comply wi…