Mich. Admin. Code 792.10229 - Appearance and representation; adding and removing parties; amicus curiae
Rule 229.
(1) An
attorney or authorized representative may appear on behalf of a party in a
contested case by signing the petition or other document initiating the
participation of that party in the contested case or by filing an appearance.
The tribunal may require an attorney or authorized representative to provide a
written statement of authorization signed by the party on whose behalf the
attorney or authorized representative is appearing.
(2) If a petition or other document
initiating the participation of a party is signed by an attorney or authorized
representative, that petition or document must state the name of the party on
whose behalf the attorney or authorized representative is appearing; the
attorney or authorized representative's name; the name of their firm, if any;
and the firm's mailing and email addresses and telephone number. If there is no
firm, the attorney or authorized representative shall state the attorney or
authorized representative's mailing and email addresses and telephone number.
The attorney or authorized representative shall also promptly inform the
tribunal and all parties or their attorneys or authorized representatives in
writing of any change in that information.
(3) An appearance filed by an attorney or
authorized representative must state the name of the party on whose behalf the
attorney or authorized representative is appearing; the attorney or authorized
representative's name; the name of their firm, if any; and the firm's mailing
and email addresses and telephone number or, if there is no firm, the attorney
or authorized representative's mailing and email addresses and telephone
number. The attorney or authorized representative shall also promptly inform
the tribunal and all parties or their attorneys or authorized representatives
in writing of any change in that information.
(4) An attorney or authorized representative
may withdraw from a contested case or be substituted for by stipulation or
order of the tribunal. The stipulation must be signed by the party, the party's
attorney or authorized representative, and the new attorney or authorized
representative, if any. If the stipulation is signed by a new attorney or
authorized representative, the new attorney or authorized representative shall
also submit an appearance, as provided by this rule. If the stipulation is not
signed by a new attorney or authorized representative, the stipulation must
indicate the mailing and email addresses for the service of notices, orders,
and decisions and the telephone number for contacting that party.
(5) In the absence of an appearance by an
attorney or authorized representative, a party is considered to appear for
themselves. If a party is appearing for themselves, that party shall promptly
inform the tribunal and all parties or their attorneys or authorized
representatives in writing of any change in that party's mailing and email
addresses and telephone number.
(6)
Parties may be added or removed by order of the tribunal on its own initiative
or on motion of any interested person at any stage of the contested case as
justice requires.
(7) The tribunal
may, upon motion, order a person or, upon motion or its own initiative, order a
state or local governmental unit to appear as amicus curiae or in another
capacity as the tribunal considers appropriate.
Notes
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Rule 229.
(1) The respondent shall file an answer or responsive motion within 28 days after the date of service of the petition with noted docket number. Failure to file an answer or responsive motion within 28 days may result in the holding of the respondent in default and may, if the respondent fails to timely cure the default, result in the conducting of a default hearing , as provided in R 792.10231.
(2) The answer must be signed and advise the petitioner and the tribunal of the nature of the defenses. The answer must also contain a specific admission or denial of each material allegation in the petition . If the respondent is without knowledge or information sufficient to form a belief as to the truth of an allegation , then the answer must so state and the statement has the effect of a denial. If the respondent intends to qualify or deny only a part of an allegation , then the answer must specify so much of the allegation as is true and qualify or deny only the remainder. In addition, the answer must contain a clear and concise statement of every ground on which the respondent relies and has the burden of proof. Paragraphs of the answer must be designated to correspond to paragraphs of the petition to which they relate.
(3) An answer may assert as many defenses as the respondent may have against the claims raised by the petitioner . A defense is not waived by being joined with 1 or more other defenses. All defenses not asserted in either the answer or by appropriate motion are waived, except for either of the following defenses:
(a) Lack of jurisdiction.
(b) Failure to state a claim upon which relief may be granted.
(4) For special assessment contested cases, the answer must specify the statutory authority under which the special assessment district was created and a copy of the resolution confirming the special assessment roll must be submitted concurrently with the answer .
(5) For non-property tax contested cases, a copy of the final assessment, decision, or order being appealed must be submitted concurrently with the answer .
(6) For contested tax bill contested cases, the answer must specify the date the contested tax bill was mailed.