Section R. 325.3221 - Delayed registration of death; application; establishment; evidence; review of application and evidence; dismissal or denial of application; preparation and filing of registration; rescission of registrationRule 21.
(1) A next of kin of a deceased person who has received an official notice from the state registrar that the death is not recorded in the office of a local registrar or the state registrar, the person responsible for the medical certification of death, or the person responsible for disposing of the deceased's body may apply for the establishment of a delayed registration of death if the date of application is more than 1 year after the date the person was pronounced dead.(2) Application shall be made on a form prescribed by the state registrar, shall set forth the minimum facts prescribed in subrule (3) of this rule, and shall be sworn to by the applicant before an official authorized to administer oaths.(3) The minimum facts to be established are as follows:(a) The full name of the deceased at the time of death.(b) The sex of the deceased.(c) The date and place of death.(d) The manner and cause of death as determined by a physician licensed to practice medicine in this state and the name and address of the physician.(e) The date, place, and method of disposition of the body as recorded by a person authorized by law to dispose of a dead body and the person's name and address.(4) The application shall be accompanied by the fee prescribed by law and documentary evidence prescribed by these rules.(5) Documents submitted in support of a request to establish a delayed registration of death which contain signs of erasure, alterations, or changes to the pertinent information shall not be accepted.(6) The facts prescribed in subrule (3) of this rule shall be supported by either of the following:(a) A copy of pertinent medical records for the deceased or an affidavit by a physician licensed to practice medicine in this state which sets forth all of the following: (i) The full name of the deceased.(ii) The date and place of death.(iii) The manner of death.(v) The physician's address.(b) An affidavit by a person authorized by law to dispose of a dead body which sets forth all of the following:(i) The full name of the deceased.(ii) The date, place, and method of disposal of the body.(iii) The address of the person disposing of the body.(iv) Other personal facts identified on the application form which may be known to the affiant or copies of documents which support the facts.(c) In all cases the affiant shall swear that the facts provided are based on pertinent records concerning the deceased which are in the possession of the affiant.(7) The state registrar shall review each application and the evidence submitted in support of the application. When the documentary evidence is insufficient to support the requested change, the state registrar may require the submission of additional documentary evidence. The state registrar shall dismiss an application when additional evidence requested or the required fee is not received within 6 months of the request for the additional evidence or fee. When an application is dismissed, the state registrar shall send a written notice of dismissal to the applicant and return the documentary evidence. The application fee submitted shall be retained. The state registrar shall deny an application when the applicant refuses to submit the required fee or complete an application, when the applicant is not eligible to apply, or when the applicant cannot provide satisfactory documentary evidence in support of the application. When an application is denied, a written notice of denial shall be forwarded to the applicant indicating the reason for the denial. All documentary evidence shall be returned to the applicant. The application fee submitted shall be retained, except when the applicant is not eligible to apply.(8) If, after review of the application and the evidence, the state registrar is satisfied that the evidence supports the request, the state registrar shall prepare a delayed registration of death on a form prescribed by the state registrar and shall place the record in the active files of the system of vital statistics. A delayed registration of death shall show on its face a summary statement of the evidence submitted in support of the delayed registration of death and shall be marked "delayed." A copy of the delayed registration of death shall be forwarded to the local registrar for the area where the death occurred. The documentary evidence shall be returned to the applicant.(9) If the state registrar becomes aware that a delayed registration of death record prepared by the state registrar is invalid or that the evidence received in support of the delayed registration of death is false or invalid, the delayed registration of death shall be rescinded. The state registrar shall forward a notice of rescission of the record to the last known address of the applicant. The state registrar shall notify the local registrar of the rescission of the record and shall instruct the local registrar to remove the record from the files.Mich. Admin. Code R. 325.3221