Mich. Admin. Code R. 408.36 - Service of papers and other pleadings; manner of service; date of service; statement or proof of service; filings

Rule 6.

(1) Service of all applications, papers, notices, and orders must be in accordance with the following:

(a) Service of all original applications for hearing under R 408.34(1) must be by the agency on each named party to the case at the time service is made.

(b) Service of any subsequent applications or motions filed on a pending contested case that may alter the parties to a case must be by the agency. The agency shall serve all new parties but may serve only the attorney for each previously named party. Parties not represented by legal counsel shall be served directly. The agency may request the necessary papers, notices, and postage to be provided by the moving party.

(c) Service of any subsequent applications or motions filed on a pending contested case that do not alter the parties to a case may be made by the moving party upon the adverse party. The moving party is only required to serve the attorney for each previously named party. Any party not represented by legal counsel must be served directly. The original petition or motion and proof of service shall be filed with the agency.

(d) Notices mailed by the agency after service of the original application for hearing must be served upon the attorney for each named party. Any party not represented by legal counsel must be served directly. If the notice requests or requires the appearance or action of a specific party, that party must also be served.

(e) Decisions or orders issued by the agency must be served on all parties, by mail, e-mail to the e-mail address on file, FTS, or personally on the date of hearing. Upon mailing, e-mailing, FTS or personal service, the original order and copies must show a mailed date or acknowledgement of personal service on their face, from which date the appropriate appeal period shall run.

(f) Service of all other papers, unless otherwise directed by law, may be made by mail, e-mail, or FTS by the moving party upon the adverse party and proof of such mailing shall be prima facie evidence of such service. Proof of such service shall be filed with the agency.

(g) Service of all papers under this rule upon employers whose liability under the act is not insured according to the records of the agency, or who have not been granted the privilege of self-insurance, must be by certified mail with a return receipt requested. Filing of the return receipt is prima facie proof of service.

(h) Service between the parties may be completed electronically if the parties agree to service by e-mail, or electronic file transfer subject to all of the following:

(i) The agreement for service by e-mail or electronic file transfer must set forth the FTS mailbox or e-mail addresses of the parties or attorneys that agree to electronic service.

(ii) Parties and attorneys who have agreed to service by FTS under this subrule shall immediately notify all other parties if the party's or attorney's FTS mailbox or e-mail address changes.

(iii) Documents served electronically must be in pdf format or other agency-approved format that prevents the alteration of the document contents.

(iv) Documents received by a party electronically on or before 11:59 p.m. Lansing, Michigan time, are considered served on the same business day or, if received on a Saturday, Sunday, or state holiday, are deemed to be received on the next business day.

(v) The parties are not required to file a copy of the electronic service agreement with the agency unless a dispute arises as to service by electronic service.

(vi) The electronic sender shall maintain an archived record of sent items that may not be purged until the conclusion of the contested proceedings, including the disposition of all appeals.

(2) The agency may serve documents on the parties, the parties' attorney, or the parties' authorized representative by mailing a copy, by FTS to the designated mailbox, by e-mail to the e-mail address on file, or by personal service.

(3) At the discretion of the director, the agency may use alternative service methods including any of the following:

(a) Transmitting by facsimile.

(b) Utilizing a commercial delivery service.

(c) Leaving a copy of the document at the residence, principal office, or place of business of the person or agency required to be served.

(4) Documents and pleadings may be filed in a proceeding by mailing, personal delivery, facsimile, FTS, or other agency-approved electronic filing system, if provided.

(5) All document filings must be formatted using a 12-point font on 81/2 x 11-inch paper, unless filed electronically using an agency-approved electronic filing system.

(6) Documents and pleadings filed by mail, e-mail, an agency approved electronic filing system, personal delivery, or facsimile and received by the agency on or before 11:59 p.m. Lansing, Michigan time are considered filed on the same business day. If received on a weekend or holiday, they are considered received in the following business day.

(7) A required signature means a written signature, or an electronic signature.

Notes

Mich. Admin. Code R. 408.36

1979 AC; 1984 AACS; 2021 MR 23, Eff. 12/10/2021