Mich. Admin. Code R. 792.10110 - Service of documents and other pleadings; manner of service; date of service; statement or proof of service

Rule 110.

(1) A party must serve all documents and pleadings filed in a hearing system proceeding on all other parties. Unless otherwise directed by the administrative law judge, the parties are the persons named in the case caption. If an appearance has been filed by an attorney or authorized representative of a party, documents and pleadings must be served on the attorney or authorized representative.

(2) Service between the parties may be completed electronically if the parties agree to service by email, subject to all of the following:

(a) The agreement for service by email must set forth the email addresses of the parties or attorneys that agree to email service.

(b) Parties and attorneys that have agreed to service by email must immediately notify all other parties if the party's or attorney's email address changes.

(c) Documents served by email must be in a file format that prevents alteration of the document contents.

(d) A document served by email sent on a business day is deemed served on a party on the same business day that the email is sent if sent at or before 11:59 p.m. eastern standard time. A document served by email sent on a non-business day is deemed served on the next business day.

(e) The parties need not file a copy of the email service agreement, as provided by rule 2.107 of the Michigan court rules, unless a dispute arises as to service by email.

(f) The party serving a document by email must maintain an archived record of all emails through which service was made.

(3) The hearing system may serve documents on the parties, the parties" attorney, or the parties" authorized representative by mailing a copy, as that term is defined in subrule (9) of this rule.

(4) When service of any document or pleading is completed by United States mail, commercial delivery service, or inter-departmental mail, the date of service is the date of deposit with the United States post office, other carrier, or inter-departmental mail delivery system.

(5) When service of any document or pleading is completed by hand, facsimile, or a hearing system-approved electronic filing system, the date of service is the date of receipt as indicated by a date stamp or other verifiable date on the document or pleading.

(6) The person or party serving documents on other parties pursuant to this rule must file with the hearing system a written statement of service stating the method or manner of service, the identity of the server, the names of the parties served, and the date and place of service. When service is completed electronically, the statement of service must also state the email addresses of the sender and the recipient. Failure to file the statement of service does not affect the validity of service.

(7) If a question concerning proper service is raised, the person or party claiming to have effectuated proper service bears the burden of proof. When service is made by mail, a return post office receipt may be proof of service. When service is made by private delivery service, the receipt showing delivery is sufficient proof of service. When service is made in any other manner authorized by these rules, verified proof of service must be made by filing an affidavit of the person or party serving the documents. The administrative law judge assigned to the matter shall resolve disputes with respect to proper service.

(8) The administrative law judge assigned by the hearing system may decline to consider any document or pleading not served pursuant to these rules.

(9) As used in this rule, "mailing a copy" means 1 or more of the following:

(a) Enclosing documents in a sealed envelope addressed to the person to be served and placing the envelope into an intra-departmental mail delivery system or depositing it with first-class postage fully prepaid in the United States mail or other commercial delivery service.

(b) Emailing the documents to the parties, parties" attorney, or the parties" authorized representative at the email address on file with the hearing system.

(c) Sending the documents by facsimile to a facsimile number on file with the hearing system.

(d) Leaving a copy of the document at the residence, principal office, or place of business of the person or agency.

Notes

Mich. Admin. Code R. 792.10110

2015 AACS; 2023 MR 19, Eff. 9/29/2023