Mich. Admin. Code R. 792.10402

Current through Vol. 24-19, November 1, 2024
Section 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.

Mich. Admin. Code R. 792.10402

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