Current through Vol. 24-21, December 1, 2024
Section R. 792.10103 - DefinitionsRule 103. As used in these rules:
(a) "Act" means the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.(b) "Adjournment" means a postponement of a hearing to a later date.(c) "Administrative law judge" means any person assigned by the hearing system to preside over a contested case or other matter, including, but not limited to, a tribunal member, hearing officer, presiding officer, referee, or magistrate.(d) "Administrator" means the person, commission, or board with final decision-making authority in a contested case, other than an administrative law judge or a tribunal member.(e) "Agency" means a bureau, division, section, unit, board, commission, trustee, authority, office, or organization within a state department, created by the constitution, statute, or department action. Agency does not include an administrative unit within the legislative or judicial branches of state government, the governor's office, a unit having direct governing control over an institution of higher education, the state civil service commission, or an association of insurers or nonprofit organization of insurer members created under the insurance code of 1956, 1956 PA 218, MCL 500.100 to 500.8302.(f) "Authorized representative" means an individual, other than an attorney, who has been given legal authority to represent a party in a proceeding.(g) "Contested case" means a proceeding or evidentiary hearing in which a determination of the legal rights, duties, or privileges of a named party is made after an opportunity for a hearing.(h) "Continuance" means a resumption of a hearing at a later date under these rules.(i) "Date of receipt" means the date on which the hearing system receives a filing.(j) "Department" means the department of licensing and regulatory affairs, unless otherwise specified as a separate constitutionally created state department.(k) "Electronic signature" means an electronic symbol attached to or logically associated with a document or pleading and executed or adopted by a person with the intent to sign the document or pleading. This may be a graphic image of the signature or text designated as a signature, such as "/s/ John Smith," "/s/ John Smith, Attorney," or "/s/ John Smith, Authorized Representative".(l) "Hearing system" means the Michigan office of administrative hearings and rules created under the authority of Executive Reorganization Order Nos. 2005-1 and 2019-1, MCL 445.2021 and 324.99923.(m) "Person" means an individual, partnership, corporation, association, municipality, agency, or any other entity.(n) "Petitioner" means a person who files a request for a hearing.(o) "Referring authority" means a court, state, or local political subdivision including, but not limited to, a department, agency, bureau, tribunal, mayor, city council, township supervisor, township board, village manager, or village board.(p) "Respondent" means a person against whom a proceeding is commenced.Mich. Admin. Code R. 792.10103
2015 AACS; 2023 MR 19, Eff. 9/29/2023