Mich. Admin. Code R. 792.10402 - Definitions
Rule 402. As used in this part:
(a) "Applicant" means a person that applies,
requests, or petitions for permission, authorization, or approval.
(b) "Commission" means the Michigan public
service commission.
(c)
"Complainant" means a person that files a complaint pursuant to these
rules.
(d) "Complaint" means an
initial pleading filed by a complainant.
(e) "Director of the regulatory affairs
division" means the commission employee assigned to manage the executive
secretary and administrative law specialists advising the commission.
(f) "Document" means a record produced on
paper or a digital image of a record originally produced on paper or originally
created by electronic means, the output of which is readable by sight and can
be printed on paper.
(g) "Electronic
filing" means the process of submitting a document over the internet to the
commission in accordance with the e-docket instructions available on the
commission's website.
(h)
"Electronic service" means the serving of any document by email in accordance
with MCR 2.107(C)(4).
(i)
"Electronic signature" means an electronic sound, symbol, or process, attached
to or logically associated with a record and executed or adopted by a person
with the intent to sign the record.
(j) "Intervenor" means a person permitted to
intervene in a proceeding pursuant to these rules.
(k) "Party" means a person by or against whom
a proceeding is commenced or a person that is permitted to intervene or the
staff of the commission in any proceeding in which the staff
participates.
(l) "Person" means any
of the following entities:
(i) A natural
person.
(ii) Corporation.
(iii) Municipal corporation.
(iv) Public corporation.
(v) Body politic.
(vi) Government agency.
(vii) Association.
(viii) Partnership.
(ix) Receiver.
(x) Joint venture.
(xi) Trustee.
(xii) Common law or statutory trust
guardian.
(xiii)
Executor.
(xiv)
Administrator.
(xv) Fiduciary of
any kind.
(xvi) Staff.
(m)"Pleading" means any of the
following:
(i) An application, petition,
complaint, or other document requesting initiation of a proceeding before the
commission.
(ii) An answer to a
document described in paragraph (i) of this subdivision.
(iii) A reply to an answer described in
paragraph (ii) of this subdivision.
(iv) A petition to intervene or the staff's
written appearance or notice of intention to participate.
(v) An objection to a petition to
intervene.
(vi) A motion or a
response to a motion.
(vii) A
petition to reopen a proceeding or a response to a petition to reopen a
proceeding.
(viii) A petition for
rehearing or a response to a petition for rehearing.
(ix) A petition for clarification or a
response to a petition for clarification.
(n) "Presiding officer" means the
administrative law judge assigned by the hearing system or other person
assigned by the commission to preside over and hear a proceeding or part of a
proceeding held before the commission. The commission or a commissioner is a
presiding officer only when it or they preside over and hear a proceeding or
part of a proceeding.
(o) "Prima
facie case" means a case in which, assuming all the facts in the complaint are
true, the complainant is requesting a remedy that is within the jurisdiction of
the commission to grant.
(p) "Proof
of publication" means an affidavit stating the facts of publication, including
the date, publication, and manner of publication with a copy of the publication
attached.
(q) "Proof of service"
means an affidavit stating the facts of service, including the date, place, and
manner of service and the parties served.
(r) "Respondent" means one against whom a
complaint is filed or against whom an investigation, order to show cause, or
other proceeding on the commission's own motion is commenced and a utility
rendering the same kind of service within a municipality or part of a
municipality proposed to be served by another utility in a proceeding under the
provisions of R
792.10447.
(s) 'secretary" means the person designated
by the commission as its executive secretary or, in the absence of the
secretary, the person designated by the commission as its acting
secretary.
(t) 'staff" means an
employee or employees of the commission other than the presiding officer and
commissioners.
Notes
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