Michigan Administrative Code

R 792.10429 Evidence; documents and exhibits. Rule 429. (1) When the evidence consists of technical matters or figures so numerous as to make oral presentation difficult to follow, it must be presented in exhibit form, supplemented and explained, but not duplicated by testimony. …

R 792.10430 Evidence; testimony in written form. Rule 430. (1) Testimony of a witness under oath shall be offered in written form, except as otherwise provided by the commission or the presiding officer. Unless otherwise ordered by the presiding officer, the testimony must be ele…

R 792.10431 Settlements. Rule 431. (1) All parties to proceedings before the commission are encouraged to enter into settlements when possible and the provisions of these rules shall not be construed in any way to prohibit settlements. (2) The parties to a proceeding may agree up…

R 792.10432 Motion practice. Rule 432. (1) In a pending proceeding, a request to the commission or presiding officer for a ruling or order, other than a final order, must be by motion. Unless made during a hearing, a motion must comply with all of the following provisions: (a) Be…

R 792.10433 Appeals to commission from rulings of presiding officers. Rule 433. (1) During the course of a proceeding, a party may appeal a ruling of the presiding officer by filing an application for leave to appeal the ruling to the commission. Unless otherwise provided by the …

R 792.10434 Oral arguments and briefs. Rule 434. (1) Oral arguments may be made before the commission or the presiding officer at the discretion of the commission or the presiding officer, respectively. Oral arguments before the presiding officer must be requested before the clos…

R 792.10435 Exceptions to proposals for decision. Rule 435. (1) Unless otherwise provided, exceptions to a proposal for decision must be filed and served on all parties and the director of the regulatory affairs division within 21 days after service of the proposal for decision. …

R 792.10436 Reopening of proceedings. Rule 436. (1) A proceeding may be reopened for the purpose of receiving further evidence when a reopening is necessary for the development of a full and complete record or there has been a change in conditions of fact or law such that the pub…

R 792.10437 Rehearings. Rule 437. (1) A petition for rehearing after a decision or order of the commission shall be filed with the commission within 30 days after service of the decision or order of the commission unless otherwise specified by statute. A petition for rehearing ba…

R 792.10438 Proceedings within 90 days after dismissal. Rule 438. When an application, petition, or complaint has been dismissed by the commission because the party instituting the proceeding failed to appear and proceed at the hearing, the commission shall refuse, except for goo…

R 792.10439 Complaints; limited matters; initiating complaint. Rule 439. A complaint must be limited to matters involving alleged unjust, inaccurate, or improper rates or charges or unlawful or unreasonable acts, practices, or omissions of a utility, including a violation of any …

R 792.10440 Informal complaints. Rule 440. The commission shall attempt to resolve as an informal complaint any matter brought to its attention by any person not requesting initiation of a contested case proceeding. History: 2015 AACS; 2023 MR 19, Eff. Sept. 29, 2023.

R 792.10441 Formal complaints; content. Rule 441. (1) A formal complaint may be filed on paper or may be filed by email in accordance with instructions on the commission's website. Formal complaints filed by corporations must be electronically filed in the commission's e-docket s…

R 792.10442 Formal complaints; examination; rejection. Rule 442. An administrative law specialist assigned by the director of the regulatory affairs division shall review a complaint to determine if the complaint states a prima facie case within the commission's jurisdiction. If …

R 792.10443 Formal complaints; service; offers of relief; answers. Rule 443. (1) If the complaint states a prima facie case and conforms to the provisions of these rules, the commission shall serve upon the respondent, a notice, accompanied by a copy of the complaint, requiring t…

R 792.10444 Formal complaints; motions to make more definite and certain. Rule 444. If the respondent believes that a complaint is so vague or ambiguous that the respondent cannot reasonably be required to respond to it, the respondent may file and serve, upon the complainant, a …

R 792.10445 Formal complaints; motions to dismiss and defenses. Rule 445. A defense that the complainant is without standing to make the complaint, that the commission lacks jurisdiction over the subject matter of the complaint, or that the complaint fails to state a prima facie …

R 792.10446 Formal complaint; burden of proof. Rule 446. The complainant generally has the burden of proof as to matters constituting the basis for the complaint and the respondent has the burden of proof as to matters constituting affirmative defenses. The burden of proof, howev…

R 792.10447 Public utilities; new construction. Rule 447. (1) An entity listed in this subrule shall file an application with the commission for the necessary authority to do any of the following: (a) A gas or electric utility within the meaning of the provisions of 1929 PA 69, M…

R 792.10448 Declaratory rulings. Rule 448. (1) Any person may request a declaratory ruling as to the applicability to an actual state of facts of a statute administered by the commission or of a rule or order of the commission, pursuant to sections 33 and 63 of the act, MCL 24.23…

R 325.10501 Purpose. Rule 501. The purpose of this part is to implement section 8 of the act by establishing a basic classification system for public water supplies. The basic classification system established by this part may be modified in other parts of these rules, as applica…

R 792.10501 Referral of hearing to hearing system. Rule 501. The hearings required to be conducted under sections 672 to 675 of 1949 PA 300, MCL 257.672 to 257.675, may be referred by the department of transportation to the hearing system, who shall hear the evidence, prepare a r…

R 408.10501 Scope. Rule 501. (1) This standard covers powered platform installations permanently dedicated to interior or exterior building maintenance of a specific structure or group of structures. Building maintenance includes, but is not limited to, such tasks as window clean…

R 400.10501 Definitions. Rule 501. As used in this part: (a) "Ambulatory," with respect to a resident, means being physically and mentally capable of traversing a path to safety without the aid of another person. A path to safety includes the ascent and descent of any stairs or a…

R 325.10502 Classification of public water supplies. Rule 502. (1) For purposes of implementing the act, public water supplies are classified by the department into 3 types as follows: (a) Type I: All community supplies are classified as type I public water supplies. (b) Type II:…

R 792.10502 Definitions. Rule 502. (1) As used in these rules: (a) “Bureau” refers to the bureau of highway technical services. (b)“City” means a home rule city duly incorporated pursuant to the laws of the state of Michigan. (c) “Department” means the Michigan department of tran…

R 408.10502 Applicability for powered platforms. Rule 502. (1) Permanent installations in existence and or completed before July 23, 1990 shall comply with R 408.10574(2), R 408.10578 to R 408.10582, R 408.10585 to R 408.10592 and Appendix C of General Industry Safety and Health …

R 325.10503 Waterworks systems under same ownership or operation. Rule 503. (1) Two or more waterworks systems owned or operated by the same person at the same general location, not individually meeting the definition of a community supply or a noncommunity supply, but collective…

R 408.10503 Definitions; A to D. Rule 503. (1) "Anemometer" means an instrument for measuring wind velocity. (2) "Angulated roping" means a suspension method where the upper point of suspension is inboard from the attachments on the suspended unit, thus causing the suspended unit…

R 792.10503 Appearance. Rule 503. When an appearance is made at a hearing, it shall be made by legal counsel for and on behalf of the city or by some other person duly authorized by the legislative body of the city. History: 2015 AACS.

R 400.10503 Applicability. Rule 503. The rules set forth in this part apply to all newly constructed, remodeled, converted, and existing facilities as indicated. History: 1992 AACS.

R 418.10504 Multiple procedure policy for radiology procedures. Rule 504. (1) A multiple procedure payment reduction shall apply to specified radiology procedures when performed in a freestanding radiology office, a non-hospital facility, or a physician's office or clinic. The pr…

R 792.10504 Depositions. Rule 504. Depositions may be taken upon written authority of the department of transportation or the administrative law judge if it appears to the department of transportation or the administrative law judge that it is impracticable or impossible to obtai…

R 408.10504 Definitions; E to L. Rule 504. (1) “Equivalent” means alternative designs, materials, or methods that the employer can demonstrate will provide an equal or greater degree of safety for employees than the methods, materials, or designs specified in the standard. (2) “G…

R 325.10504 General requirements of type I public water supplies. Rule 504. A type I public water supply shall meet the following general requirements and other specific requirements as prescribed by the act and these rules: (a) Obtain certified operators of treatment systems and…

R 408.10505 Definitions; M, O. Rule 505. (1) "Mobile elevating platform" means a type of freestanding scaffolding that can be manually moved horizontally from 1 area to another and raised or lowered manually or with power to predetermined heights. (2) “Obstruction detector” means…

R 325.10505 Type II public water supplies generally. Rule 505. A type II public water supply shall meet all of the following general requirements and other specific requirements as prescribed by the act and these rules: (a) Obtain operators that are certified in treatment systems…

R 792.10505 Parties in interest. Rule 505. The department of transportation and the city are deemed the sole parties in interest in the hearing, and they alone may present evidence, cross-examine, and exercise other legal rights afforded an interested party in a contested case. H…

R 400.10505 Adoption by reference. Rule 505. The department adopts the fire safety codes and standards set forth in this rule. These codes and standards are available for inspection and distribution to the public at cost at the Department of Social Services, 235 S. Grand Avenue, …

R 418.10505 Multiple procedure policy for specific nuclear medicine procedures. Rule 505. (1) The multiple procedure reduction and the use of modifier -51 shall apply to the complete procedure, the technical component, and the professional component, when Page 25 Courtesy of Mich…

R 325.10506 Type III public water supplies generally. Rule 506. A type III public water supply shall meet all of the following general requirements and other specific requirements as prescribed by the act and these rules: (a) Provide groundwater sources that are in compliance wit…

R 792.10506 Appeal to prequalification appeal board. Rule 506. (1) A bidder may submit a written appeal to the prequalification appeal board within 14 days after a decision. (2) A contested case hearing shall then be scheduled and conducted in accordance with the act. (3) An admi…

R 408.10506 Definitions; P, R. Rule 506. (1) “Platform rated load” means the combined weight of workers, tools, equipment, and other material which is permitted to be carried by the working platform at the installation, as stated on the load rating plate. (2) “Poured socket” mean…

R 408.10507 Definitions; S. Rule 507. (1) “Safe surface” means a horizontal surface intended to be occupied by personnel, which is so protected by a fall protection system that it can be reasonably assured that said occupants will be protected against falls. (2) "Safety factor" m…

R 400.10507 Fire drills and telephone. Rule 507. (1) There shall be quarterly emergency fire drills for each staff shift. Two of the drills shall include evacuations, unless approved by the department, in writing, as clinically contraindicated. Where a facility has a 24-hour staf…

R 792.10508 Definitions. Rule 508. (1) “Commission” means the state transportation commission. (2) “Department” means the Michigan department of transportation. (3) “Uniform act” means the uniform relocation assistance and real property acquisition policies act of 1970, 42 U.S.C.…

R 408.10508 Definitions; T to W. Rule 508. (1) “Tail line” means the non-supporting end of the wire rope used to suspend the platform. (2) "Tie-in guides" means the portion of a building that provides continuous positive engagement between the building and a suspended or supporte…