DEPARTMENT OF CONSUMER AND INDUSTRY SERVICES

                         STATE BOUNDARY COMMISSION

                               GENERAL RULES


(By authority conferred  on  the  state  members  of   the   state   boundary 
commission by section 4 of Act No. 191 of the  Public  Acts   of   1968,   as 
amended, being S123.1004 of the Michigan Compiled Laws)


                        PART 1. GENERAL PROVISIONS


R  123.1   Definitions; A to I.
  Rule 1. (1) The terms defined in the act have the same meaning when used in 
these rules.
  (2) "Act" means Act No. 191 of the Public  Acts  of   1968,   as   amended, 
being SS123.1001 to 123.1020 of the Michigan Compiled Laws.
  (3) "Active petition" means an annexation  petition   or   resolution,   or 
incorporation or consolidation petition that is first in line at the  time of 
its filing, or becomes first in line by  the  removal  of  a  prior  blocking 
petition or court action.
  (4) "City  incorporation"  means  the  formation  of  a   new   city   from 
unincorporated territory; 1 or more villages  and  contiguous  unincorporated 
territory or an incorporated village without change of boundaries.
  (5) "Consolidation" means the formation of a new city  from   1   city,   1 
village and unincorporated territory; or 1 city and 1  village;   or   2   or 
more cities; or 2 or more cities and unincorporated  territory;   or   2   or 
more cities and 1  village;  or  2  or  more  cities  and   1   village   and 
unincorporated territory; or 2 or more cities and 2 or more villages; or 2 or 
more cities, 2 or more villages and unincorporated territory; or 1  city  and 
unincorporated territory.
  (6) "Home rule city act" means Act No. 279 of the Public Acts  of  1909, as 
amended, being SS117.1 to 117.38 of the Michigan Compiled Laws.
  (7) "Home rule village act" means Act No. 278  of  the   Public   Acts   of 
1909, as amended, being SS78.1 to 78.28 of the Michigan Compiled Laws.
  (8) "Inactive petition" means an annexation petition   or   resolution   or 
incorporation or consolidation petition that must wait in line because  of an 
earlier filed petition describing the same area  in  part  or  whole   or   a 
petition blocked by legal action.

  History:  1979 AC.


R  123.3   Definitions; P.
  Rule 3. (1) "Person"  means  an   individual,   partnership,   corporation, 
association, municipality, or the state.
  (2) "Petitioner" means a  person  who  has  signed,   or   circulated   and 
verified, a petition for annexation, incorporation or  consolidation  or  who 
has voted on and passed an annexation resolution as described in  sections  7 
and 12 of the act and subsections (2) and (7) of section 9 of  the  home rule 
city act and who  has  filed   such   petition   or   resolution   with   the 
commission.

  History:  1979 AC.


R  123.4   Definitions; V.
  Rule 4. "Village incorporation" means the formation  of   a   new   village 
from unincorporated territory.

  History:  1979 AC.


R  123.5   Scope and construction of rules.
  Rule 5. These rules govern practice and procedure in  all  matters   before 
the commission  and  shall  be  liberally  construed  to   assure   a   just, 
economical and  expeditious  determination  of  the   issues   presented   in 
accordance with the purposes of the act.

  History:  1979 AC.


R  123.6   Determining if population is over 100.
  Rule 6. (1) Where an annexation petition or resolution is  first  in   line 
upon its filing and can be acted upon, then the filing  date  population   of 
100 or less, or over 100 in the area to be annexed shall  be  determined   as 
soon as practicable after the filing by 1 of the following methods:
  (a) By joint agreement of the involved township board  and   city   council 
and their certification to the commission of the count.
  (b) By submission of either the township board or the  city   council,   or 
both, of a certified list of the names and addresses of  all   residents   in 
the area proposed to be annexed on the date of the petition  was  filed.   If 
both legislative bodies file lists, the commission shall  examine  the   list 
and using the guidance of applicable statutes, attorney  general  opinions or 
court decisions make  a   final   population   determination.   If   only   1 
legislative body files a resident list, the commission shall supply a copy of 
the filed list to the nonfiling board and grant 30 days for  that   board  to 
file written challenges to any names contained in the filed list.   Upon  the 
filing of  a   written   challenge   the   commission   shall   examine   the 
challenge and using the guidance of applicable  statutes,  attorney   general 
opinions or court decisions the commission shall make  a   final   population 
determination. If the commission receives only 1  filed  certified   resident 
list and that list receives no challenge, it shall stand  as  the  determined 
population and the commission shall so certify.
  (c) By a door-to-door canvas and interviews with the  people   within   the 
area proposed to be annexed.
  (d) By the method described in subrule (2).
  (2) Where an annexation petition or resolution has waited  in   line,   the 
filing date population of 100 or less, or over  100  in  the   area   to   be 
annexed shall be determined as follows:
  (a) Residential structures within  the  area  to  be   annexed   shall   be 
counted and classified as single-family homes, mobile  homes   and   multiple 
dwellings including duplex,  triplex,  apartments   and   condominiums.   The 
total number of dwelling units  shall  be  determined   according   to   this 
classification and where necessary records are   available,   adjusting   the 
count for addition or subtraction of dwelling units since the filing date.
  (b) The average number of residents per dwelling unit factor  by  type   of 
structure where available, or the average number of  residents  per  dwelling 
unit for the municipality in which the area to be annexed   is   located   or 
the county in which it is situated, derived in each instance  from  the  last 
federal decennial or special census, shall  be   obtained.   The   commission 
shall use the factor that can  be  derived  from   the   smallest   political 
subdivision in which the area to be annexed is located   to   determine   the 
population as of the date of filing.
  (c) The number and type of dwelling units shall  be   multiplied   by   the 
average number of residents factor for that type of dwelling  unit  and   the 
resultant populations for type of dwelling unit shall be  added  together  to 
obtain total population.

  History:  1979 AC.

           PART 2. PREPARATION, FILING, AND PROCESSING PETITIONS


R  123.21   Filings.
  Rule 21. (1) An incorporation or consolidation   petition   or   annexation 
petition or resolution shall be filed with the secretary at  his  office   in 
Lansing. A statement signed by at  least  1  signer  of   the   petition   or 
resolution designating the name and address of a natural  person  to  receive 
notices on behalf of all signers shall accompany the filing   or   shall   be 
filed separately within 10 business days from the filing.  Notice  served  by 
the commission or any other person on the designated natural person  shall be 
deemed notice  to  all  signers  of   the   petition   or   voters   on   the 
resolution. Notice to an affected city, village, township or county  shall be 
through its clerk. Upon the filing  of  a   petition   or   resolution,   the 
secretary shall make a notation as to the date and time of filing. Receipt of 
a petition is not an acknowledgement  that  the   petition   is   proper   or 
sufficient.
  (2) Other items permitted or required to be filed   with   the   commission 
shall be tendered in a legible reproducible form  and   deposited   with   or 
mailed to the secretary at his office in Lansing. He   shall   receive   them 
only during business hours.
  (3) A person may request, in writing, that the secretary  notify   him   in 
writing when a document has been filed in a specific   pending   matter   and 
the secretary shall send the notice at the earliest  practicable  time  after 
the filing of the item.
  (4) A person may inspect the  commission's  file   regarding   a   specific 
pending matter  at  the  secretary's  office  in   Lansing   during   regular 
business hours and at his own expense may cause the contents of  the  file to 
be duplicated. A person other than  the  commissioners  or  staff   may   not 
remove an original or sole copy of any item from  the   file.   A   duplicate 
copy may be removed under such conditions as the secretary imposes for not to 
exceed 24 hours for the purposes of duplication.

  History:  1979 AC.


R  123.22   Pleadings.
  Rule 22. In addition to petitions required by sections 7 and  12   of   the 
act, and petitions and resolutions required by subsections (2)  and  (7)   of 
section 9 of the home rule city act, objections to the form  or  substance of 
a petition or resolution, answers  to  such  objections,  a  memorandum brief 
on issues of fact or law and such other pleadings as the  commission  by  its 
order shall allow may be filed.

  History:  1979 AC.


R  123.23   Determination of days to public hearing.
  Rule 23. (1) For purposes of determining the minimum 60  days  and  maximum 
220 days from filing of an active petition or resolution to  the  holding  of 
the public hearing, the filing day shall not be counted.
  (2) The 60- and 220-day public hearing requirement shall   not   apply   to 
inactive petitions until such time that they may become active  petitions.

  History:  1979 AC.


R  123.24   Rejected petitions or resolutions.
  Rule 24. (1) The commission  shall  reject  an   annexation   petition   or 
resolution for territory which includes all or any part  of   the   territory 
which was described in any annexation petition or  resolution  filed   within 
the preceding 2 years and which  was  denied  by  the   commission   or   was 
defeated in an election.
  (2)  The  commission  shall  reject  a  consolidation   petition    if    a 
proposition to consolidate the identical municipalities has  been  voted   on 
within the 2 years immediately preceding the filing of the later petition.
  (3) Upon such determination, the secretary shall return  the  petition   or 
resolution to the petitioner and certify the reasons for its rejection.
  (4) The 2-year period shall  start  on  the  day   the   prior   annexation 
petition or resolution was filed.
  (5) The 2-year  period  shall  not  apply  to   annexation   petitions   or 
resolutions that are rejected by the  commission  for   not   being   legally 
sufficient.

  History:  1979 AC.


R  123.25   Petitions, general.
  Rule 25. (1) Part I  of  incorporation  or   consolidation   petitions   or 
annexation petitions or resolutions shall consist  of  a   map   or   drawing 
clearly showing the territory proposed to be  incorporated,  consolidated  or 
annexed and be constructed by the  petitioner  in  such  a   way   that   its 
minimum size is 8 1/2" x 13" with a maximum size of 14" x   18".   Parts   II 
through VI shall be prepared on forms furnished by   the   commission.   Part 
VII shall contain a map showing the relationship of the  area  proposed   for 
incorporation, consolidation or annexation to the balance  of  the   involved 
and adjacent units  of  government  which  may  be  of  a   size   that   the 
petitioner chooses and which shall not be considered by  the  commission   in 
its determination of legal sufficiency. For  the   purpose   of   determining 
legal sufficiency, a perimeter map or drawing and legal description  shall be 
part of the petition and shall be substantially accurate and consistent  with 
each other.
  (2) In a petition submitted to the public  for  signature,   the   map   or 
drawing accompanying the signature sheets shall be of  sufficient  scale  and 
clarity as to be unambiguous to a layman with respect to  the  inclusion   or 
exclusion of his own property and the relationship of the petitioned  area to 
identifiable roads, section lines, existing local government  boundaries  and 
major geographic  features.   Upon   discovery   of   a   disparity   between 
various public or private records as to land ownership or  the  location   of 
local government  boundaries,  the  disparity  shall  be   brought   to   the 
attention of the commission, the petitioners and  the   affected   units   of 
government prior to the commission's meeting on the  legal   sufficiency   of 
the petition.
  (3) Where maps, drawings, plats, deeds, surveys,  legal  descriptions,   or 
other documents that are  part  of  the  petition   or   resolution   contain 
reference to additional recorded data or documents that are   found   to   be 
necessary to determine the accuracy of  the  petition,   map,   drawing,   or 
legal description, and copies of these recorded documents are not  a  part of 
the petition, the secretary may request the petitioner to  supply  copies  of 
these documents to the commission by a date specified by the secretary, which 
date shall  be   prior   to   the   commission's   meeting   on   the   legal 
sufficiency of the petition.
  (4) An annexation petition by  a  firm,  corporation,   or   other   formal 
organization  and  an  annexation  resolution  shall   contain   copies    of 
resolutions, meetings minutes,  correspondence,   transmittal   letters,   or 
other documents that  are  necessary  to  show  that   the   petitioner   was 
authorized to file. Where  a  city  planning  commission  or   a   board   of 
commission other than the city council initiates  annexations,  the  petition 
shall contain copies of all documents necessary  to  show   that   the   city 
council was fully informed before  approving  the  annexation  resolution.
Similarly,  for  other  organizations  for  which  an   officer   or    other 
authorized agent initiates a petition, it shall  be   documented   that   the 
proper governing body of  that  organization  was   fully   informed   before 
approving the annexation petition.
  (5) Upon filing, each petition shall stand or fall on its  own  content.
Modifications, corrections, deletions or additions to a petition shall not be 
made except those authorized in subrule (3) and R 123.27.

  History:  1979 AC.


R  123.26   Forms.
  Rule 26. A petition, and survey certification which may  be   required   by 
commission order pursuant to R 123.27, shall be prepared on  a   size   paper 
and in accordance with forms furnished by the commission.  A   petition   and 
certificate shall contain only the matters prescribed  by   the   forms   and 
such additional information as the commission deems  necessary.  A   petition 
shall not be considered unless it is prepared  on   the   proper   commission 
form. Blank petition forms shall be furnished by the commission.

  History:  1979 AC.


R  123.27   Boundary identification.
  Rule 27. (1) A petition for incorporation, consolidation, or  annexation or 
an annexation resolution shall  identify  graphically  and  by  an   accurate 
written description the boundaries of the land that  are   proposed   to   be 
incorporated, consolidated, or annexed.
  (2) The commission may order that all or part of the  boundaries   of   the 
area be certified by a registered land surveyor.

  History:  1979 AC.

                       PART 4. PREHEARING PROCEDURES


R  123.41   Forms.
  Rule 41. The documents required by R 123.42 and R  123.46   to   R   123.49 
shall  be  completed  only  on  forms  prescribed  and   furnished   by   the 
commission. In addition to the contents of  the   documents   prescribed   by 
those rules, the documents shall contain such   additional   information   as 
the commission deems necessary and reasonable.

  History:  1979 AC.


R  123.42   Annexation,   consolidation,   and   incorporation;   criteria
  information.
  Rule 42. Upon the declaration of  legal  sufficiency   of   an   annexation 
petition or resolution or a consolidation or  incorporation   petition,   the 
petitioner and the involved units of government  shall   be   instructed   to 
complete and return within 30  days  of  mailing   a   criteria   information 
evaluation questionnaire which shall be provided by the commission.

  History:  1979 AC.


R  123.43   Prehearing conference.
  Rule 43. (1) Upon filing the form required by R  123.42,   the   commission 
may hold a prehearing conference to which  the  petitioners,  representatives 
from involved units  of  government,  affected  or   interested   state   and 
federal  agencies,  affected  planning    commissions,    other    interested 
organizations and persons may attend and which may   include,   among   other 
topics:
  (a) Examination and discussion of the information shown to be  available on 
the criteria information evaluation questionnaire.
  (b) Determination if  any  additional  information  not   listed   on   the 
questionnaire is available.
  (c) Determination of what criteria information needs to be developed.
  (d) Adoption of a resolution which shall:
  (i) Specify additional information that is required to be developed.
  (ii) Specify dates the information shall be available.
  (iii) Specify who shall provide the information.
  (iv) Specify who shall pay the cost of providing the information.
  (2) Within 10 days after adoption of  the  resolution   provided   for   in 
subrule (1), the commission shall notify by mail   the   persons   originally 
notified  of  the  prehearing  conference  or   attending   the    prehearing 
conference and include a copy of the  resolution  and   the   completed   and 
filed criteria information evaluation questionnaire.

  History:  1979 AC.


R  123.44   Criteria information; methods of gathering.
  Rule 44. After declaring the sufficiency of a   petition   or   resolution, 
the commission may obtain the criteria data or  information   prescribed   in 
section 9 of the act in the following manner:
  (a) By directing the secretary to send written questions  or  requests  for 
specific information to the  petitioner,  involved   units   of   government, 
affected or interested  state  and  federal   agencies,   affected   planning 
commissions or other interested persons or governmental units  to  filed   in 
writing with the commission by  a  specified  date  prior   to   the   public 
hearing date.
  (b) By directing its staff, departmental employees or  other  personnel  to 
gather the data or information it deems necessary which shall be available to 
the commission at a specified date prior  to  the  public  hearing  date.  In 
addition, the commission may direct that the raw data   or   information   be 
analyzed, organized, condensed, summarized and presented to the commission in 
a compacted form. All raw data shall   be   maintained   as   part   of   the 
commission's file.
  (c) By contracting with outside consultants to perform  the  functions   of 
subdivision (b).
  (d) By using the method described in R 123.43.
  (e) By using all or any combination of these methods.

  History:  1979 AC.


R  123.45   Petitions filed with  county  clerk  or  secretary  of  state;
  notice to commission.
  Rule 45. (1) Within 10 days after the filing of an  annexation  petition or 
resolution a county clerk or the  secretary  of  state  shall  complete   and 
transmit to the commission and involved units of government   a   notice   of 
filing of request for local government boundary change.
  (2) Within 30 days after reviewing the notice required  by   subrule   (1), 
the commission  shall  complete  and  transmit  to  the   county   clerk   or 
secretary of state a commission reply to the notice.

  History:  1979 AC.


R  123.46   Petitions and resolutions filed with commission; notice.
  Rule 46. (1) Within 10 days after the  filing  of   an   incorporation   or 
consolidation  petition  or  annexation  petition    or    resolution,    the 
commission shall complete and transmit to the  involved  local   governmental 
clerk, the affected county clerk or the secretary of  state   a   notice   of 
petition filing with the commission.
  (2) Within 30 days after receiving the notice required by  subrule  (1),  a 
clerk or secretary of state shall complete and transmit to the  commission  a 
response.

  History:  1979 AC.


R  123.47   Notice of final action.
  Rule 47. (1) Upon the completion of all its actions on an  active  city  or 
village annexation petition or resolution, a city or   village   council   or 
township board shall notify the commission by mail.
  (2) Upon the completion of all action  on  an   active   incorporation   or 
consolidation  petition  or  a  home  rule  city   annexation   petition   or 
resolution under the jurisdiction of the commission,  the  commission   shall 
notify the clerks of the involved local governments, the  county  clerk   and 
secretary of state by mail that action on the petition is closed.

  History:  1979 AC.


                        PART 5. COMMISSION SESSIONS


R  123.51   Adjudicative sessions; call; attendance; presiding officer.
  Rule 51. (1) When necessary the  chairman  shall   call   an   adjudicative 
session, which may be an executive session, in Lansing or such other place as 
he designates, for the purpose of transacting any  business  described  in  R 
123.52 under the conditions prescribed in R  123.53  and   R  123.54.   Where 
possible, the sessions shall be attended by all state members serving  and by 
the county members appointed to sit on the commission.
  (2) A quorum consists of at least 3 members, at  least  2   of   whom   are 
state members. Regardless of the number of commissioners present, at least  3 
concurring votes are required to take any final adjudicative action.

  History:  1979 AC.


R  123.52   Business.
  Rule 52. At an adjudicative session, the commission shall take 1 or more of 
the following actions:
  (a) Pass on the propriety, sufficiency, and legality of   a   petition   or 
resolution before its call for a public hearing.
  (b) Order the date, place, and time for a public hearing.
  (c) After the public hearing, and a supplemental hearing,  if  any,  basing 
its  decision  on  the  evidence  received  at  the   hearings,   take    any 
appropriate action authorized by the act.

  History:  1979 AC.


R  123.53   Votes.
  Rule 53. At an adjudicative session a concurring  vote  of   at   least   3 
commissioners is  required  to  take  final  action.  The   votes   of   each 
commissioner shall be noted in the commission's record. The  chairman  is   a 
voting member of the commission on all matters. A member  may  abstain   from 
voting on any matter.

  History:  1979 AC.


R  123.54   Record and finality of action.
  Rule 54. A record shall be made of all proceedings   at   an   adjudicative 
session. Commission action shall be regarded as  final   for   all   purposes 
other than judicial review when a vote has been recorded  to  reject,   deny, 
approve, or approve with adjusted boundaries,   although   the   commission's 
findings of fact and order may not have been reduced to  written   form   and 
approved. Effective dates of the preceding action may be  determined  at  the 
adoption of the written findings  of  fact  and  order.   For   purposes   of 
judicial review, commission action is final when the  written   findings   of 
fact and order are signed by the chairman.

  History:  1979 AC.


R  123.55   Administrative sessions.
  Rule 55. (1) When necessary the chairman  shall  call   the   other   state 
members into an administrative session, which may be an executive session, in 
Lansing or such other place as he designates.
  (2) At an administrative session the state members may  take  any   action, 
other than action  required  to  be  taken  at   an   adjudicative   session, 
necessary or desirable  to  administer  the  act  and   to   effectuate   its 
purposes and which has been included in the chairman's call  and  such  other 
business as not less than a majority of the   state   commissioners   present 
and voting desire to take up.
  (3) At an administrative session the vote of 2 state members is required to 
 take  a  final  action,  except   that   if   the   commission   has   under 
consideration  the  hiring  of  staff  personnel   or    retaining    outside 
consultants, the unanimous vote of all state members is required.
  (4) At the direction of the chairman, 1 or more state members  may  meet in 
a  special  session   for   the   purposes   of   conducting   administrative 
business of the commission not requiring a vote.

  History:  1979 AC.

                        PART 6. COMMISSION HEARINGS


R  123.61   Place; notices; adjournment.
  Rule 61. (1) A public hearing shall be held in a public  place  located  in 
the  territory  to  be  included  within  a   proposed   municipal   boundary 
adjustment. Notice shall be given as prescribed in section 8 of  the  act.
  (2) If the municipal boundary adjustment is an   annexation   matter,   the 
public hearing may be held in or reasonably near the area  proposed   to   be 
annexed.
  (3) At the same time as the clerks of the involved  units   of   government 
are notified  of  a  public  hearing,  the  commission   shall   notify   the 
petitioners and the county clerks of the involved   counties   by   certified 
mail at least 30 days before the date of the hearing.

  History:  1954 ACS 81, Eff. Oct. 22, 1974; 1979 AC.


R  123.62   Commissioners present; presiding officers; scope.
  Rule 62. (1) A public hearing as required  by  section  8   of   the   act, 
whenever possible, shall be attended by all state members and  the  2  county 
members. A member not in attendance at a public hearing  shall   review   the 
public hearing record and so signify to the chairman  to   be   eligible   to 
vote at subsequent adjudicative sessions. The  chairman   or   his   designee 
shall preside.
  (2)  At  a  public  hearing  the  commission   shall   receive    testimony 
concerning  the  reasonableness   of   the    proposed    incorporation    or 
consolidation petition or annexation petition or resolution  based  upon  the 
criteria listed in section 9 of the act,  and  only   the   presentation   of 
evidence in oral or exhibit form or comment on  or   analysis   of   evidence 
shall be germane and part of the record. A person may  present  evidence   or 
make a statement about the effect of the proposed action  upon  his  personal 
interest or preference.

  History:  1979 AC.


R  123.63   Witnesses.
  Rule 63. (1) An interested party may speak directly, may be  represented by 
counsel and may present 1  or  more  spokesmen   and   supporting   witnesses 
necessary to present relevant testimony if the presentation is limited  to  a 
reasonable time at the discretion of the chair.
  (2) A person shall not present evidence or argument or otherwise attempt to 
address the commission unless he has been recognized  by  the   chairman  and 
sworn if giving testimony himself. Upon recognition, the chairman  may  state 
the amount of time allotted to the person recognized.
  (3) A person may ask to be heard at  a  public   hearing   without   having 
filed prior notice of appearance.
  (4) The commission on its own motion or in response to the  request  of   a 
participant, when it determines that waiver or modification  of  the  literal 
terms of this rule is necessary for a just disposition of a pending matter or 
to avoid hardship, may make such waiver or modification of  such  terms as it 
deems necessary or appropriate to effectuate the purpose of the act.

  History:  1979 AC.


R  123.64   Evidence; general provisions.
  Rule  64. (1)  The  commission  shall  follow  the   rules   of    evidence 
applicable to civil proceedings so far as is practicable,   but   may   admit 
and give value to other evidence which possesses  probative  value   commonly 
accepted by reasonably prudent men in the conduct of   their   affairs.   The 
commission shall give effect to rules of privilege recognized  by   law   and 
may exclude incompetent, immaterial and unduly repetitious evidence.
  (2) Evidence, including records  and  documents  in   possession   of   the 
commission prior to the public hearing, shall be offered and made  a  part of 
the record in the proceedings. Except as otherwise provided by law  and these 
rules, the commission shall consider no other factual information or evidence 
in the determination of the case.  Documentary  evidence  may  be received by 
the commission in  the  form  of  copies  or  excerpts  or  by  incorporation 
by reference.
  (3) At a public hearing a person may cross-examine  witnesses  and   submit 
rebuttal evidence. Commission members may also question witnesses.

  History:  1979 AC.


R  123.65   Evidence; form.
  Rule 65. (1) The commission may receive  evidence  in   oral   or   exhibit 
form.
  (2) When it is deemed necessary or desirable the  commission   may   direct 
that testimony to be given on  direct  examination  shall   be   reduced   to 
exhibit form and be offered by and served on all   persons   requesting   the 
information and on the commission staff.  The  commission   shall   allow   a 
reasonable time for preparation of the exhibit.
  (3) Notwithstanding any provisions of  this  rule  to   the   contrary,   a 
person may have a witness on  his  behalf  present   his   direct   testimony 
orally before the commission. A witness or authorized officer   of   a   firm 
whose testimony is submitted in exhibit  form  shall   be   made   personally 
available  by  the  party   of   record   offering    his    testimony    for 
cross-examination upon request by a party  of  record   or   the   commission 
staff. If the witness is not so made available  by  the   party   of   record 
offering his testimony, his testimony shall not be received  in  evidence.
  (4) Testimony received in evidence in exhibit form shall be made a  part of 
the  record,  copied  into  or   fully   described   in   the   record.   The 
commission shall accord the evidence the same weight   and   sufficiency   as 
testimony received through oral examination. This rule does  not  prevent   a 
witness' reading of prepared direct testimony.

  History:  1979 AC.


R  123.66   Judicial notice.
  Rule 66. The commission may take notice of  judicially   cognizable   facts 
and of a general, technical or scientific nature   within   its   specialized 
knowledge. The commission shall give notice either before   or   during   the 
hearing, or by reference in  preliminary  reports  or   otherwise,   of   the 
material so noticed and shall afford any person the  opportunity  to  contest 
the facts so noticed. The commission may  use   its   experience,   technical 
competence, and general and specialized knowledge in the  evaluation  of  the 
evidence presented. This rule does  not  permit  the   commission   to   take 
notice of evidence contrary to any statute or other law.

  History:  1979 AC.


R  123.67   Participation by commission staff.
  Rule 67. The commission staff may appear in a public  hearing  and  through 
its witnesses present testimony as to the results  of   its   investigations, 
field studies, inspection and other technical investigations and  studies.
The commission staff may file briefs,  make  statements   of   positions   or 
otherwise make recommendations on the record which it  believes  proper   and 
lawful, based on the evidence presented.   Commission   staff   presentations 
may include direct or documentary testimony by consultants  employed  by  the 
commission or members of other governmental agencies   either   specific   to 
the  pending  petition  or  providing  relevant  background   information.
Presentations under this rule are subject to cross-examination.

  History:  1979 AC.


R  123.68   Additional evidence.
  Rule 68. (1) During the 30 days immediately following  a   public   hearing 
the commission may  receive  additional  or   supplemental   public   hearing 
evidence including  exhibits,  written   comments,   statements,   arguments, 
briefs, replies or any  other  evidence  that  properly   could   have   been 
presented at the public hearing, including information   derived   from   the 
specialized knowledge of the commission or its   staff.   Where   practicable 
such information shall be in a format suitable for reproduction.
  (2) A person wishing to be notified of the filing  of  additional  evidence 
shall notify the commission in writing. The commission shall keep  a  list of 
the interested parties and notify  each   person   on   the   list   of   all 
filings.
  (3) The various interested  parties  shall  make   arrangements   for   the 
examination or review of any material so filed.
  (4) If any material is filed on the twenty-sixth  through   thirtieth   day 
after the public hearing, all parties shall have 7 days from  the  mailing of 
notice of the filing to answer it.

  History:  1979 AC.


R  123.69   Supplemental hearings.
  Rule  69.  Subsequent  to  any  public  hearing  required   by   law,   the 
commission on its own motion  may  hold  a  supplemental   hearing   at   its 
offices in Lansing or any  other  appropriate  place  for   the   taking   of 
additional evidence or for the hearing of additional  argument  relative   to 
the reasonableness of a pending consolidation or  incorporation  petition  or 
annexation petition or resolution or for consideration   of   adjusting   the 
boundaries from those contained in the petition.  R  123.62   to   R   123.68 
apply to supplemental hearings.

  History:  1979 AC.

                      PART 7. POSTHEARING PROCEDURES


R  123.71   Disposition resolution.
  Rule 71. (1) After a public hearing, the commission  at   an   adjudicative 
session shall make findings of fact and conclusions  after  considering   the 
criteria in section 9 of the act and by resolution shall   dispose   of   the 
petition in 1 of the following ways:
  (a) Denial of the petition or resolution.
  (b) Approval of the petition or resolution as submitted.
  (c) Revision of the boundaries as set forth in the petition and approval of 
the petition or resolution with the revised boundaries.
  (2) Where the commission is considering adjusting  the  boundaries   either 
inward or outward from those proposed in the petition  or   resolution,   the 
commission may hold a supplemental hearing as provided in R 123.69.
  (3) Where the area approved for annexation contains a population of  100 or 
 less,  the  resolution  shall   contain   the   effective   date   of    the 
annexation.
  (4) Where the area approved for annexation contains a  population  of  more 
than 100, the resolution may contain a tentative date for  the  annexation to 
become effective. This date shall become  the  effective  date  if  a   valid 
election request petition is not filed.
  (5) Where the area is approved for consolidation  or   incorporation,   the 
resolution becomes effective 45 days after  the  date   of   the   resolution 
unless within that 45 days a valid election request petition is filed.

  History:  1979 AC.


R  123.72   Election petition; resolution.
  Rule 72. (1) If within 30 days of the approval order  for   an   annexation 
containing a population of more than 100 or within 45 days  of  the  approval 
order for a consolidation or  incorporation  a  valid   petition   is   filed 
asking for an  election  on  the  proposed   annexation,   consolidation   or 
incorporation, the commission shall dispose of the request  by   adopting   a 
resolution stating their intent to place the question  on   the   ballot   at 
some future date, or setting the date of the special election.
  (2) If an annexation election is  held  and  each  area   voting   on   the 
question approves by  a  majority  vote,  the  commission   shall   adopt   a 
resolution setting the effective date of the annexation.

  History:  1979 AC.


R  123.73   Registered electors; certification.
  Rule 73. (1) Upon the filing of an annexation initiatory petition signed by 
20% of the registered electors of the  area  proposed  to  be  annexed,   the 
township clerk shall certify to the commission the   number   of   registered 
electors in the area proposed to be annexed on  the   date   the   initiatory 
petition was filed.
  (2) Upon the filing of a petition asking for an  election   on   annexation 
questions the city or township clerk, or both,  whichever   is   appropriate, 
shall certify to the commission the number of  registered   voters   in   the 
area to be annexed, the remainder of the township and   the   annexing   city 
whichever is appropriate on the filing date of the petition.
  (3) Upon  the  filing  of  a  petition  asking  for  an   election   on   a 
consolidation or incorporation question, the city,   village,   or   township 
clerk,  any  or  all  whichever  is  appropriate,  shall   certify   to   the 
commission the number of registered voters in the area to be  consolidated or 
incorporated on the filing date of the petition.

  History:  1979 AC.


R  123.74   Lists of consolidation charter commission candidates.
  Rule 74.  Within  5  days  after  the  deadline   for   filing   nominating 
petitions for candidates  for  consolidation   charter   commissioners,   the 
village, township, or city clerks shall transmit to  the   county   clerk   a 
certified list of charter commission candidates.

  History:  1979 AC.


R  123.75   Notice to charter commissioners.
  Rule 75. Immediately after being notified of the canvass of  a   vote   for 
charter commissioners, the commission shall  notify   the   elected   charter 
commissioners by registered mail that they shall meet within  10   days   and 
furnish a  certificate  to  be  completed  and  returned   by   the   charter 
commission certifying that it has met within the required 10 days.

  History:  1979 AC.