Section R. 792.10406 - Filing and service of documentsRule 406.
(1) Pleadings and other documents are filed with the commission by filing with the secretary. Except as provided in subpart E of these rules and except as otherwise provided by statute or order of the commission or presiding officer, the filing and service of notices, pleadings, motions, and other documents required to be filed or served in a proceeding must be made electronically.(2) Unless otherwise provided by rule or statute, the date of filing is the date the pleading or other document is received by the commission. If filed electronically, the date of filing is the date that a complete and compliant document is submitted in the e-dockets system. The date of service is the date it is deposited with the United States Postal Service for first-class mailing or courier delivery service or is delivered in-person, unless otherwise provided by the commission. If served electronically, the date of service is the date the email is sent. To be considered timely, a document must be filed and served by 11:59 p.m. on the due date unless that time is modified by the presiding officer or the commission. Documents filed after 11:59 p.m. or after the time designated by the presiding officer or the commission are considered to have been filed the next business day.(3) Confidential filings must be made in accordance with the instructions on the commission's website.(4) Filings may be removed from the e-docket only after submission of a written formal request for removal to the executive secretary along with a detailed explanation of the reason for requesting removal. All filings are retained and destroyed in accordance with the commission's approved record retention and disposal schedule.(5) Filers must consult commission guideline 2014-1 for a description of documents that may be rejected for filing.(6) Except for residential complaint cases addressed under R 792.10441(5), a party shall electronically serve on all other parties a copy of each document that the party files with the commission. After notice of hearing has been given in a proceeding, a party shall serve, on the assigned presiding officer or, if a presiding officer has not been assigned, on the administrative law manager assigned by the hearing system to the commission, a copy of each document that the party files.(7) When a party has appeared by attorney, service upon the attorney is service upon the party.(8) Service on municipalities must be made on supervisors of townships and on clerks of other municipalities.(9) Within 7 days after a document is served, the person serving the document shall file proof of service or acceptance of service by the person served or that person's attorney.(10) Not less than 7 days before the date set for the initial prehearing, an applicant may file a request that the commission read the record in a pending proceeding and dispense with the proposal for decision. A copy of the request must be served upon the other parties to the proceeding and upon the director of the regulatory affairs division. Applicants are cautioned that such requests will be granted only under extraordinary circumstances.Mich. Admin. Code R. 792.10406
2015 AACS; 2023 MR 19, Eff. 9/29/2023