SOAHR Rules


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Archived Rule Revisions for State Office of Administrative Hearings and Rules

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2005-015 SR

Due Process Procedures for Special Education Hearings
(State Office of Administrative Hearings and Rules )

ORR # 2004-039 DE, rules to amend the "Special Education Programs and Services" rules, are divided into parts 1-9. Part 2 is entitled, "Evaluation, Eligibility, Student Assignment, and Due Process Procedures." Executive Order 2005-1, effective March 27, 2005, moved the rule promulgation authority for hearing functions to the "State Office of Administrative Hearings and Rules." Therefore, the Department of Education no longer has the promulgation authority over this portion of the rule set. Hence, Part 2 is being removed from the 2004-039 DE rule set and promulgated on its own under the State Office of Administrative Hearings and Rules. The Individuals with Disabilities Education Act requires states to have a due process hearing system. The new rules would create a one-tiered system with salaried magistrates.

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2005-093 SR

Administrative Hearings for the Suspension and Revocation of Michigan Teaching Certificates
(State Office of Administrative Hearings and Rules )

This hearing rule will supplement R 390.1205 through R 390.1216, which set forth the procedures MDOE will continue to use in cueing up hearings for teachers. The promulgation of this one procedural rule lies with the State Office of Administrative Hearings and Rules, per ERO 2005-1.

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2006-046 SR

State Employees Retirement Board - General Hearing Rules
(State Office of Administrative Hearings and Rules )

Rescinds obsolete hearing rules formerly promulgated under the authority of DMB; adds new hearing rules that meet the requirements of the Administrative Procedures Act, as well as present practices of the State Office of Administrative Hearings and Rules.

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2006-050 SR

Due Process Procedures for Special Education Hearings
(State Office of Administrative Hearings and Rules )

R 340.1881 addresses the application of due process hearings conducted after July 1, 2006. R 340.1881 specifies due process hearing procedures. Both rules become effective on July 1, 2006, and the rescissions of those rules will become effective immediately thereafter.

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2006-072 SR

Rescinded - Hearings
(State Office of Administrative Hearings and Rules )

The Mobile Home and Land Resource Division Hearing rules have been obsolete for many years since the repeal of the following three public acts: 1952 PA 157 1963 PA 229 1961 PA 135 The State Office of Administrative Hearings and Rules will rescind these obsolete rules under Section 44(1) of the Administrative Procedures Act (1969 PA 306).

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2007-014 SR

Tax Tribunal - Small Claims Hearing Rules
(State Office of Administrative Hearings and Rules )

Wihtdrawn 5/18/2009 The Michigan Tax Tribunal is updating its rules for practice and procedure (SOAHR 2006-069 LG). Since SOAHR also performs some of the hearings for the Tax Tribunal's Small Claims Division, a parallel set of hearing rules must be promulgated to govern the conduct of SOAHR hearings. This rule set will progress through the rule promulgation process together with #2006-069 LG and become effective on the same date.

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2007-030 SR

Rescinded - Disciplinary Proceedings
(State Office of Administrative Hearings and Rules )

There are currently two rule sets in the Michigan Administrative Code that address "Disciplinary Proceedings" for licensees regulated under the Public Health Code. One of the two rule sets, R 338.951 - R 338.990, applies to matters before April 1, 1994. As there are no longer any outstanding cases/matters from that time period, the rules are obsolete and can be rescinded under Section 44(1) of the Administrative Procedures Act [MCL 24.244(1)]. The range of numbers being rescinded in this Request for Rulemaking (RFR), R 338.964 - R 338.979, represents the hearings rules to be rescinded by the State Office of Administrative Hearings and Rules. The remaining rules within the rule set [R 338.951 - R 338.963 and R 338.980 - R 338.990] will be rescinded by the Department of Community Health in a separate RFR.

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2007-040 SR

Administrative hearings for the Suspension and Revocation of Michigan Teaching Certificates and School Administrator Certificates
(State Office of Administrative Hearings and Rules )

The rule currently addresses the conduct of hearings for teachers who are incarcerated at the time of a hearing. The rule will be expanded to apply to school administrators, as well as teachers.

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2008-040 SR

Rescinded - State Board of Education - Hearings
(State Office of Administrative Hearings and Rules )

Rescind R 390.621. This rule can be rescinded using the process under Section 44(1) of 1969 PA 306, MCL 24.441(1).

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2008-046 SR

Judges Retirement Board - General Hearing Rules
(State Office of Administrative Hearings and Rules )

New hearing rules will be added to comply with the Administrative Procedures Act [1969 PA 306]. The rules will also reflect the present practices of the State Office of Administrative Hearings and Rules [SOAHR]

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2008-047 SR

State Police Retirement Board - General Hearing Rules
(State Office of Administrative Hearings and Rules )

The rulemaking authority for the State Police Retirement Board had originally been granted to the State Police Retirement Board under 1986 PA 182 of the State Police Retirement Act [MCL 38.1607]. However, MCL 445.2021 [ERO 2005-1] reorganized the administrative hearing functions into a central administrative hearings office [SOAHR]. Hence, SOAHR now has the authority to promulgate procedural rules for administrative hearings. This rule set will establish general hearing rules for the State Police Retirement Board.

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2008-048 SR

Public School Retirement Board - General Hearing Rules
(State Office of Administrative Hearings and Rules )

The rulemaking authority for the Public School Retirement Board had originally been granted to the Public School Retirement Board under 1980 PA 300 of the Public School Employees Retirement Act [MCL 38.1325]. However, MCL 445.2021 [ERO 2005-1] reorganized the administrative hearing functions into a central administrative hearings office [SOAHR]. Hence, SOAHR now has the authority to promulgate procedural rules for administrative hearings. This rule set will establish general hearing rules for the Public School Retirement Board.