Michigan Administrative Code

R 299.11007 Standard industrial classification manual; adoption by reference. Rule 1007. The office of management and budget document entitled "Standard Industrial Classification Manual" is adopted by reference in these rules and available Page 324 Courtesy of Michigan Administra…

R 792.11007 Considerations. Rule 1007. A hearing shall include consideration of all of the following: (a) An agency action, or failure to act with reasonable promptness, on a claim for financial or medical assistance, that includes undue delay in reaching a decision on eligibilit…

R 299.11008 Soil permeability method; adoption by reference. Rule 1008. The triaxial cell method for determining the permeability of soil contained in the EPA document entitled "Soil Properties, Classification, and Hydraulic Conductivity Testing," 1984 edition, is adopted by refe…

R 792.11008 Rights of parties. Rule 1008. A claimant or his or her authorized representative has the right to all the following: (a) To examine the contents of his or her file and all documents and records to be used by the agency at the hearing at a reasonable time before the da…

R 432.11008 Surveillance system requirements. Rule 1008. (1) The surveillance system must visually record all of the following: (a) Observed criminal activity. (b) Arrests or evictions. (c) Observed procedural violations by employees. (d) Detention of persons. (e) Emergency activ…

R 325.11008 Complete treatment system; design and operation requirements. Rule 1008. (1) A minimum of 2 units shall be provided for each treatment process for coagulation, sedimentation, and filtration. (2) A sufficient primary coagulant dose shall be added to create a settleable…

R 330.11008 Facility classification. Rule 11008. (1) A facility that meets the federal definition of "poor performer" shall not be given a date certain, that is an opportunity to correct before remedies are imposed. Remedies shall be imposed immediately. (2) In making a determina…

R 792.11009 Conducting the hearing. Rule 1009. The administrative law judge must ensure that the record is complete, and may do any of the following: (a) Take an active role in questioning witnesses and parties so that all necessary information is presented on the record. Page 77…

R 299.11009 Availability of documents for inspection and distribution. Rule 1009. (1) The standards and publications adopted by reference in R 299.11001 to R 299.11008 are available for inspection and distribution at the Lansing office of the Department of Environment, Great Lake…

R 432.11009 Retention of recorded activities. Rule 1009. (1) A recorded activity (visual or audio) shall be retained and maintained in accordance with these rules and the casino internal controls. (2) A recording of routine activity shall contain a date and time reading and shall…

R 330.11009 Assuring prompt facility certification compliance. Rule 11009. (1) If a nursing facility is not found by the state survey agency to be in substantial compliance with certification requirements within 90 days after the date the facility is determined to be out of compl…

R 330.11010 Failure to readmit qualified medicaid resident. Rule 11010. (1) The state medicaid agency shall impose a daily civil money penalty of $400.00 on a nursing facility if the state medicaid agency is notified that the nursing facility unlawfully refuses to readmit a quali…

R 792.11010 Subpoena. Rule 1010. (1) Upon a showing of good cause, the administrative law judge shall provide a standard subpoena form at the request of a party and shall issue the subpoena authorized by law unless the requester is a licensed attorney, in which case the attorney …

R 325.11010 Applicability of pumping facility. Rule 1010. Until January 1, 2016, R 325.11011 and R 325.11012 apply to all raw water, finished water, and distribution system pumping installations in type I public water supplies, except distribution system pumping facilities where …

R 792.11011 Withdrawals; adjournments; continuances. Rule 1011. (1) A request for an adjournment, continuance, or withdrawal may be granted by an administrative law judge for good cause all of the following apply: (a) Good cause includes the absence of material witnesses or relev…

R 325.11011 Pumping facility; capacity. Rule 1011. A pumping facility shall have sufficient capacity to meet the service area demands with the largest unit removed from service. History: 1979 AC; 2009 AACS.

R 330.11011 Substandard quality of care (SQC). Rule 11011. (1) If a nursing facility is cited for SQC, then, together with other remedies, the state medicaid agency shall apply the following additional remedies: (a) Request the state survey agency to notify the attending physicia…

R 432.11011 Daily surveillance logs; visitors logs. Rule 1011. (1) A casino licensee shall maintain a daily surveillance log in compliance with all of the following provisions: (a) Be continuously maintained by surveillance personnel. Page 126 (b) Be chronological. (c) Contain, a…

R 330.11012 Immediate jeopardy. Rule 11012. (1) If a nursing facility is cited for immediate jeopardy, then a date certain will not be allowed. The state medicaid agency shall request that the state survey agency take immediate action to ensure that the facility removes the jeopa…

R 325.11012 Pumping facility; servicing. Rule 1012. Each unit of a pumping facility shall be provided with a means to remove it from service without interrupting service to the distribution system. History: 1979 AC.

R 432.11013 Surveillance equipment; maintenance and malfunctions. Rule 1013. (1) The board and the Michigan state police personnel assigned to assist the board shall be informed if surveillance equipment is expected to be out of service for more than 30 minutes due to maintenance…

R 325.11013 Pumping facility; storage and demand. Rule 1013. All pumping facilities operating with hydropneumatic storage systems or with less than adequate gravity storage systems shall have capacity equal to, or greater than, peak instantaneous demands. This rule shall apply to…

R 792.11013 Hearing decisions. Rule 1013. (1) The agency shall have discretion to delegate final decision-making authority to the administrative law judge who hears the case or to supervisory administrative law judges in certain cases. Such delegation shall be in writing, shall b…

R 792.11014 Retroactivity. Rule 1014. When a hearing decision is favorable to the claimant, or when the agency decides in favor of the claimant prior to a hearing, the agency shall make retroactive payments promptly pursuant to applicable law and policy. History: 2015 AACS.

R 330.11014 Civil money penalty. Rule 11014. (1) Prior notice is not required before a civil money penalty is imposed. (2) A penalty equivalent to a 1-day penalty shall apply in all circumstances even if a facility deficiency is immediately corrected. (3) The daily penalty shall …

R 325.11014 Pumping facility; protection from flooding. Rule 1014. (1) A pumping facility shall be protected from the highest recorded flood elevation or the 100-year flood elevation, whichever is greater. (2) Components of a pumping facility essential for protection of public he…

R 432.11014 Emergency procedures. Rule 1014. (1) Before a licensee has operated a casino gambling operation for 120 days, and at any time requested by the board, the casino licensee shall submit, to the board, the Michigan state police personnel assigned to assist the board, and …

R 432.11015 Incident management training required. Rule 1015. (1) A casino licensee shall require certain licensed casino surveillance and security personnel to undergo annual incident management training approved by the board and developed in cooperation with the Michigan state …

R 330.11015 Notice of civil money penalty assessment. Rule 11015. (1) The state medicaid agency shall obtain both of the following from the state survey agency: (a) Notice of the civil money penalty recommended. (b) The specific type of civil money penalty recommendation and appl…

R 792.11015 Rehearing or reconsideration. Rule 1015. (1) A party who has received an adverse hearing decision shall file a request for rehearing or reconsideration with the hearing system in writing within 30 days after the decision has been mailed. (2) A rehearing is a full de n…

R 325.11015 Pumping facility; pressure. Rule 1015. (1) All finished water pumping facilities shall be designed to maintain a minimum pressure of 5 psi gauge in all buried suction piping and suction piping subject to flooding. (2) For finished water pumping facilities taking direc…

R 325.11016 Protection of treatment systems and pumping facilities. Rule 1016. Public water supplies shall take reasonable precautions to protect treatment systems and pumping facilities from trespassers and to prevent introduction of contaminants into the waterworks system. Hist…

R 432.11016 Surveillance plan. Rule 1016. (1) A casino licensee shall submit a surveillance plan to the board not less than 90 days before the commencement of operations. The plan shall include both of the following: (a) A floor plan that shows the placement of all surveillance e…

R 792.11016 Public access. Rule 1016. Copies of all decisions of the director shall be accessible to the public at the state office of the agency in a form that shall not reveal the identity of any non-agency party or protected informant or of any of the parties or witnesses. His…

R 330.11016 Civil money penalty collection. Rule 11016. (1) A civil money penalty shall be collected through voluntary transmittal. (2) A civil money penalty shall be paid by check made payable to the "State of Michigan." A penalty shall be paid within 30 calendar days of receipt…

R 330.11017 Civil money penalty not allowable medicaid cost. Rule 11017. A civil money penalty is not an allowable medicaid cost. History: 1998-2000 AACS.

R 792.11017 Judicial review. Rule 1017. Decisions are appealable to the circuit court in the following manner: (a) Public assistance decisions are appealable to the circuit court within 30 days of receipt of the decision as to matters of law pursuant to the social welfare act, 19…

R 792.11018 Child care and transportation. Rule 1018. Reimbursement of child care and transportation costs may be available from the hearing system as necessary to ensure that full participation in the hearing process is possible. (a) Clients may request reimbursement of transpor…

R 432.11018 Communications equipment. Rule 1018. A casino licensee or holder of a certificate of suitability shall assure that portable telephone or 2-way radio communication equipment, or both, are operable from all areas of the casino or casino enterprise, including, but not li…

R 792.11019 Scope. Rule 1019. Administrative hearings related to the establishment of an over issuance and recoupment of benefits shall be conducted pursuant to the act, MCL 24.201 to 24.328, 7 CFR 273.16(e), R 400.3130(5), and R 400.3187(5), in addition to specific agency policy…

R 792.11020 Debt establishment. Rule 1020. (1) When the agency has determined that an over issuance of benefits has occurred, the agency may elect to establish the existence and amount of the debt through an administrative hearing. (2) The agency may request hearings for debt est…

R 792.11022 Expedited hearings. Rule 1022. An expedited hearing may be requested when unusual circumstances exist. Circumstances that may qualify for an expedited hearing include, but are not limited to, medical subsidy denials for out-of-home placement funding or denial of eligi…

R 792.11023 Hearings for post-finalization applications. Rule 1023. (1) For hearings concerning adoption support subsidy or nonrecurring adoption expenses eligibility requests after the finalization of the adoption, there are certain limited circumstances in which an administrati…

R 792.11025 Scope. Rule 1025. Administrative hearings related to adult foster care facility licensing and child care organization issues shall be conducted by authority conferred on the director of the agency by section 2 of 1973 PA 116, MCL 722.112, 1979 PA 218, MCL 400.710 to 4…

R 792.11026 Right to hearing. Rule 1026. (1) An applicant for, or holder of, a license issued by the agency is entitled to a hearing based upon the denial, limitation, refusal to renew, or revocation of a license. (2) A licensing case may be heard in Lansing, Detroit, or in a cou…

R 792.11027 Scope. Rule 1027. Administrative hearings related to expunction hearings shall be conducted by authority as found in the child protection law, 1975 PA 238, MCL 722.621 to 722.638. History: 2015 AACS. Page 87 Courtesy of Michigan Administrative Rules PART 11. OCCUPATIO…

R 792.11101 Scope. Rule 1101. These rules govern contested case proceedings before an administrative law judge under the Michigan occupational safety and health act, 1974 PA 154, MCL 408.1001 to 408.1094. History: 2015 AACS.