Mich. Admin. Code (Military and Veterans Affairs) | Michigan Administrative Code — Department of Military and Veterans Affairs

Office of the Director and Adjudant General Office of the Director and Adjudant General

R 32.11 to R 32.61 Office of the Adjutant General and Director

Mich. Admin. Code R 32.11 Director; adjutant general; office of the director; authority; staff {#sec-r-32.11 omnilex-key=us-mi-regs-official--dept-military-and-veterans-affairs--R 32.11}

DEPARTMENT OF MILITARY AND VETERANS AFFAIRS

OFFICE OF THE DIRECTOR AND ADJUTANT GENERAL

DEPARTMENT ORGANIZATION AND GENERAL FUNCTIONS

(By authority conferred on the department of military and veterans affairs by sections 33 and 63 of Act No. 306 of the Public Acts of 1969, being §§24.233 and 24.263 of the Michigan Compiled Laws)

PART 1. OFFICE OF THE ADJUTANT GENERAL AND DIRECTOR

Rule 1. The chief executive in the department of military affairs is the director, who also serves as adjutant general. Appointed by, and serving at the pleasure of, the governor, the adjutant general is also the commanding general of the Michigan national guard. The office of the director is the hub of policymaking for the department and maintains offices in Lansing. His office affects the overall department and derives its authority from the constitution, Act No. 380 of the Public Acts of 1965, as amended, being §§16.225 to 16.228 of the Michigan Compiled Laws, popularly referred to as the executive organization act of 1965, and other laws assigned specifically to the adjutant general or director for administration. The director has a small staff to which is assigned specific responsibilities in program areas that are vital to his responsibility as the chief officer. The director and the various component divisions within the department of military affairs cooperate with all state and local agencies in the implementation of their assigned responsibilities and, more specifically, with the department of state police in rendering military support to civil authority in time of emergency under order of the governor.

History

History: 1979 AC.

Mich. Admin. Code R 32.12 State military board {#sec-r-32.12 omnilex-key=us-mi-regs-official--dept-military-and-veterans-affairs--R 32.12}

Rule 2. The state military board, created by Act No. 150 of the Public Acts of 1967, being §§32.760 to 32.790 of the Michigan Compiled Laws, consists of 5 persons appointed by the governor who are responsible for holding title to military lands and acting on associated real property matters. Title to the Hanson military reservation at Camp Grayling, Michigan, is vested in this board.

History

History: 1979 AC.

Mich. Admin. Code R 32.13 Request for promulgation of a rule {#sec-r-32.13 omnilex-key=us-mi-regs-official--dept-military-and-veterans-affairs--R 32.13}

Rule 3. A person requesting the department of military affairs, or a division thereof, to promulgate a rule shall do so by filing a written request in the office of the director. In addition to the content specifically directed toward rule promulgation, the request shall include the signature and address of the person making the request. After receipt of a correctly filed request, the department shall, within 90 days, initiate the processing of a rule or issue a concise written statement of its principal reasons for denial of the request, which shall be sent by certified mail to the person who made the request.

History

History: 1979 AC.

Mich. Admin. Code R 32.14 Request for declaratory ruling {#sec-r-32.14 omnilex-key=us-mi-regs-official--dept-military-and-veterans-affairs--R 32.14}

Rule 4. An interested person requesting a declaratory ruling as to the applicability to an actual state of facts of a statute, rule, or order administered or issued by the department of military affairs shall do so by filing a written request in the office of the director. In addition to the content specifically directed toward the declaratory ruling, the request shall include the signature and address of the person making the request. After receipt of a correctly filed request, the department shall, within 30 days, notify the person who made the request by certified mail whether a declaratory ruling shall be issued, and if it is to be issued, the nature and details thereof.

History

History: 1979 AC.

Mich. Admin. Code R 32.16 Military justice {#sec-r-32.16 omnilex-key=us-mi-regs-official--dept-military-and-veterans-affairs--R 32.16}

Rule 6. Military justice for persons in the Michigan national guard, but not in the service of the United States, and for persons in the Michigan defense force, when it is in existence, shall be dispensed pursuant to Act No. 297 of the Public Acts of 1957.

PART 2. ARMY NATIONAL GUARD DIVISION

History

History: 1979 AC.

Mich. Admin. Code R 32.21 Staff functions, sections, and programs {#sec-r-32.21 omnilex-key=us-mi-regs-official--dept-military-and-veterans-affairs--R 32.21}

Rule 21. The army national guard (ARNG) division performs the major staff functions incident to its administration of those activities primarily directed toward army national guard readiness. The division plans, directs, supervises, and coordinates the army national guard programs in this state. The division chief executive has a dual title of deputy director and assistant adjutant general for army. The sections and programs within the division are as follows:

(a) Commanding general and chief of staff.

(b) Army technician program.

(d) Army aviation support facility.

(e) Armory post commanders.

(f) Training sites.

History

History: 1979 AC.

Mich. Admin. Code R 32.22 Chief of staff section; functions, programs, and activities {#sec-r-32.22 omnilex-key=us-mi-regs-official--dept-military-and-veterans-affairs--R 32.22}

Rule 22. The chief of staff section reviews, evaluates, and recommends changes in programs, plans, policies, and operating procedures of the Michigan army national guard. The section facilitates the active army annual general inspection program of Michigan units and coordinates the state army national guard command inspection program. The major staff functions, programs, and activities under the purview of the chief of staff are as follows:

(a) The army national guard personnel section, which fulfills the personnel needs of the Michigan army national guard under provisions outlined in federal and state national guard regulations.

(b) The plans, operations, training, and military support to civil authority section, whose major areas of endeavor include the functional areas of training plans and performance evaluation; facilitating national guard bureau directives regarding organization, reorganization, and mobilization; program measures involving physical security of armories and training sites; and coordinating the planning and execution of military support to civil authority.

(c) The Michigan military academy, which administers the state officer candidate, noncommissioned officer candidate, and selected leadership programs.

(d) All Michigan army national guard units are subordinate to the army division and report to and through successively higher headquarters to the command element serviced by the chief of staff section.

History

History: 1979 AC.

Mich. Admin. Code R 32.23 Army technician program {#sec-r-32.23 omnilex-key=us-mi-regs-official--dept-military-and-veterans-affairs--R 32.23}

Rule 23. The army national guard division is responsible for coordinating the army technician program administered and influenced by the technician personnel office for full-time department of military affairs’ army division federal employees.

History

History: 1979 AC.

Mich. Admin. Code R 32.24 State maintenance office {#sec-r-32.24 omnilex-key=us-mi-regs-official--dept-military-and-veterans-affairs--R 32.24}

Rule 24. The state maintenance office is responsible for administering a continuing maintenance program for surface equipment issued to the Michigan army national guard. Headquartered in Lansing, the state maintenance office utilizes a central facility for major and specialized maintenance and a number of organizational maintenance shops dispersed throughout the state for the performance of routine and scheduled service.

History

History: 1979 AC.

Mich. Admin. Code R 32.25 Army aviation support facility {#sec-r-32.25 omnilex-key=us-mi-regs-official--dept-military-and-veterans-affairs--R 32.25}

Rule 25. The army aviation support facility, focal point of the army division’s national guard flight program, exercises primary supervision over the major aviation activities of flight operations, safety, and maintenance.

History

History: 1979 AC.

Mich. Admin. Code R 32.26 Armory post commander {#sec-r-32.26 omnilex-key=us-mi-regs-official--dept-military-and-veterans-affairs--R 32.26}

Rule 26. All armories have a post commander appointed to insure that the facility is managed and maintained according to prescribed standards.

History

History: 1979 AC.

Mich. Admin. Code R 32.27 Training sites {#sec-r-32.27 omnilex-key=us-mi-regs-official--dept-military-and-veterans-affairs--R 32.27}

Rule 27. Training sites exist to provide training and logistical support required by military forces during weekend and annual training periods.

PART 3. AIR NATIONAL GUARD DIVISION

History

History: 1979 AC.

Mich. Admin. Code R 32.31 Staff functions, sections, facilities, and programs {#sec-r-32.31 omnilex-key=us-mi-regs-official--dept-military-and-veterans-affairs--R 32.31}

Rule 31. The air national guard (ANG) division directs the major staff functions incident to its administration of those activities and facilities directed to or facilitating Michigan air national guard readiness. The division is responsible for planning, directing, coordinating, and supervising state air national guard programs. The division chief executive carries a multiple title of deputy director, assistant adjutant general for air, and commanding general of Michigan air national guard headquarters. All Michigan air national guard units are subordinate to the air division and report to and through successively higher headquarters to the air division command element. The principal sections, facilities, and programs under division jurisdiction are as follows:

(a) Air (ANG) personnel.

(b) Air technician program.

(d) Air bases and training sites.

(e) Internal audit.

History

History: 1979 AC.

Mich. Admin. Code R 32.32 Personnel section {#sec-r-32.32 omnilex-key=us-mi-regs-official--dept-military-and-veterans-affairs--R 32.32}

Rule 32. The ANG personnel section fulfills the personnel needs of the Michigan air national guard under provisions outlined in federal and state military regulations and directives.

History

History: 1979 AC.

Mich. Admin. Code R 32.33 Air technician program {#sec-r-32.33 omnilex-key=us-mi-regs-official--dept-military-and-veterans-affairs--R 32.33}

Rule 33. The air national guard division is responsible for coordinating the air technician program administered and influenced by the technician personnel office for full-time department of military affairs’ air division federal employees.

History

History: 1979 AC.

Mich. Admin. Code R 32.34 Operations and training {#sec-r-32.34 omnilex-key=us-mi-regs-official--dept-military-and-veterans-affairs--R 32.34}

Rule 34. The operations and training element of the air division facilitates national guard bureau directives regarding organization, reorganization, and mobilization; effects training guidance and performance evaluation; and maintains liaison with the several major Michigan air national guard command headquarters.

History

History: 1979 AC.

Mich. Admin. Code R 32.35 Installations {#sec-r-32.35 omnilex-key=us-mi-regs-official--dept-military-and-veterans-affairs--R 32.35}

Rule 35. There are 3 major air national guard installations in Michigan:

(a) Selfridge air national guard base, located near Mt. Clemens, and Battle Creek air national guard base are the home stations for the major Michigan air national guard units. Both facilities, in conjunction with tenant units, are capable of providing necessary administration, supply, maintenance, medical, and mission support functions.

(b) Phelps Collins air national guard base in Alpena is operated and maintained for annual training encampments, deployment exercises, gunnery exercises, and combat maneuvering.

History

History: 1979 AC.

Mich. Admin. Code R 32.36 Internal audit services {#sec-r-32.36 omnilex-key=us-mi-regs-official--dept-military-and-veterans-affairs--R 32.36}

Rule 36. Internal audit services are performed for the department of military affairs under the direction of a deputy director. Auditing efforts are directed toward accountability and departmental compliance with prescribed policies, rules, regulations, procedures, and statutes concerning the expenditure and disposition of state funds.

PART 4. COMPTROLLER DIVISION

History

History: 1979 AC.

Mich. Admin. Code R 32.41 Staff functions and sections {#sec-r-32.41 omnilex-key=us-mi-regs-official--dept-military-and-veterans-affairs--R 32.41}

Rule 41. The comptroller division performs the major staff functions incident to obtaining, administratively controlling, and accounting for state funds needed to provide resources for the department and assists in the overall management of people, materiel, resources, and facilities. The primary sections within the comptroller division are as follows:

(a) Administrative services.

(b) Engineering and facilities.

(d) Management services.

History

History: 1979 AC.

Mich. Admin. Code R 32.42 Administrative services section {#sec-r-32.42 omnilex-key=us-mi-regs-official--dept-military-and-veterans-affairs--R 32.42}

Rule 42. The administrative services section has primary responsibility in the functional areas of office management, state personnel, state payroll, property accounting, and the transportation work unit. Administration and information regarding Michigan military service bonus programs for world war I, world war II, Korean conflict, and the Vietnam era are coordinated by, or provided through, this section. The section fulfills the personnel needs of the department of military affairs and works with the department of civil service on personnel matters and the department of management and budget to effect payroll transactions. The section administers a logistics management program for the receipt, warehousing, and distribution of all state supplies, materials, and equipment as well as operating a departmental motor pool of state-owned vehicles. Additional office services include central stock and mailroom. The section maintains offices in Lansing.

History

History: 1979 AC.

Mich. Admin. Code R 32.43 Engineering and facilities section {#sec-r-32.43 omnilex-key=us-mi-regs-official--dept-military-and-veterans-affairs--R 32.43}

Rule 43. The engineering and facilities section provides technical support to the department of military affairs and the installations under its control.

Programming, planning, construction, supervision, inspection, and overall management of the construction, remodeling and additions, and maintenance programs are provided for by this section for both army and air national guard facilities. The section develops construction and maintenance programs and prepares budget requests for both federal and state funds based upon these programs. The section is responsible for the acquisition of real property for new armories, the licensing of federal property, and the rental or leasing of property for armories and vehicle storage. The section works with the department of management and budget on matters concerning state-owned facilities, and with the national guard bureau and other federal agencies on matters concerning federal projects. The engineering and facilities section has an internal work unit responsible for the review, processing, and action on all reports of survey for lost or destroyed United States army, air force, and state of Michigan property. The work unit also investigates all department accidents or reportable incidents and advises the adjutant general regarding their disposition. The engineering and facilities section maintains offices in Lansing.

History

History: 1979 AC.

Mich. Admin. Code R 32.44 Fiscal and procurement section {#sec-r-32.44 omnilex-key=us-mi-regs-official--dept-military-and-veterans-affairs--R 32.44}

Rule 44. The fiscal and procurement section’s primary responsibility is to provide financial control of expenditures through its administrative and cost accounting program. The section consists of 3 work units: budget and accounting, revenue, and purchasing. The budget and accounting and revenue units are responsible for accounting, recording, and reporting on the status of funds within the department.

The purchasing unit is responsible for purchasing or contracting for all supplies, materials, services, and equipment needed in the maintenance and operation of all state-supported department of military affairs facilities. The fiscal and procurement section maintains close liaison with the department of management and budget and legislative agencies, and is the principal coordinating staff section regarding departmental budget preparation. The section maintains offices in Lansing.

History

History: 1979 AC.

Mich. Admin. Code R 32.45 Management services section {#sec-r-32.45 omnilex-key=us-mi-regs-official--dept-military-and-veterans-affairs--R 32.45}

Rule 45. The management services section provides staff services and performs project support functions which are deemed external to established major staff section responsibilities.

PART 5. UNITED STATES PROPERTY AND FISCAL OFFICER

History

History: 1979 AC.

Mich. Admin. Code R 32.51 United States property and fiscal officer {#sec-r-32.51 omnilex-key=us-mi-regs-official--dept-military-and-veterans-affairs--R 32.51}

Rule 51. The United States property and fiscal officer is responsible for equipping, supplying, and maintaining national guard units in Michigan in behalf of the federal government. His offices in Lansing perform the major staff functions incident to obtaining, administratively controlling, and accounting for federal funds and materiel directed toward servicing state national guard units.

PART 6.MICHIGAN DEFENSE FORCE

History

History: 1979 AC.

Mich. Admin. Code R 32.61 Michigan defense force {#sec-r-32.61 omnilex-key=us-mi-regs-official--dept-military-and-veterans-affairs--R 32.61}

Rule 61. If the president calls or orders all or part of the national guard into federal service in time of a national emergency, or if it appears that the national guard may be called into federal service, the governor, as commander-in-chief, may organize within the state military establishment such number of army and air force units as he deems necessary for the adequate protection of the state. These units, known as the Michigan defense force, shall protect the state in case of insurrection, invasion, disaster, or other emergency, actual or imminent. The Michigan defense force shall be governed by rules and regulations similar to those governing the national guard.

History

History: 1979 AC.

Veteran's Trust Fund Board of Trustees Veteran's Trust Fund Board of Trustees

R 32.71 to R 32.89 State Homes for Veterans

Mich. Admin. Code R 32.71 Purpose {#sec-r-32.71 omnilex-key=us-mi-regs-official--dept-military-and-veterans-affairs--R 32.71}

DEPARTMENT OF MILITARY AND VETERANS AFFAIRS

VETERANS HOME RULES

(By authority conferred on the board of managers by section 8 of 1885 PA 152, MCL 36.8 and Executive Order 1991-7, MCL 36.71)

Rule 1. The intent of the veterans home rules is to provide substantive and procedural due process to members of the homes and the public; assure the continued financial stability of the homes; ensure sufficient standards related to admissions, transfers, and discharges; and maximize the availability of care to qualified veterans and their family members.

History

History: 2007 AACS; 2019 AACS.

Mich. Admin. Code R 32.72 Definitions {#sec-r-32.72 omnilex-key=us-mi-regs-official--dept-military-and-veterans-affairs--R 32.72}

Rule 2. As used in these rules:

(1) "Administrator" means the licensed senior authority of a state veterans home, or his or her designated representative.

(2) "Applicant" means an individual who is applying for admission to a state veterans home.

(3) "Arrearage" means a balance owed by an applicant, member, or his or her estate to this state for care provided at a state veterans home. This definition does not apply to care covered by Medicaid that is also subject to estate recovery.

(4) “Assessment” means the members charge for services that is less than the cost of care as determined by the governing board.

(5) "Asset" means the valuable property of an applicant or member.

(6) "Asset divestment" means the disposing, transfer, gifting, or giving away of assets for less than fair market value.

(7) "Asset restriction" means the moving or transferring of assets, thereby making them unavailable to pay the member’s individual assessment or the cost of care.

(8) “CFR” means the Code of Federal Regulations.

(9) "Contract" means the written agreement between a member and the home.

(10) "Cost of care" means the monthly amount set by the governing board at the start of each fiscal year.

(11) "Governing board" means the applicable authority; either the board of managers, as established by former section 2 of 1885 PA 152, or the veterans’ facility authority board as established by section 3 of 2016 PA 560, MCL 36.103 (12) "Home" means a state veterans home as defined by 38 CFR 51.2.

(13) "MCL" means Michigan compiled laws.

(14) "Member" means an individual who has been admitted to a state veterans home.

(15) "Responsible party" means an individual with the legal authority to act on behalf of an applicant or member.

(16) "State" means the state of Michigan.

History

History: 2007 AACS; 2019 AACS.

Mich. Admin. Code R 32.73 Eligibility for admission; continued care {#sec-r-32.73 omnilex-key=us-mi-regs-official--dept-military-and-veterans-affairs--R 32.73}

Rule 3. (1) Applicants for admission must meet the criteria specified in section 11 of 1885 PA 152, MCL 36.11 or section 1 of 1921 PA 15, MCL 36.31.

(2) In addition to the requirements in subrule (1) of this rule, an applicant must demonstrate both of the following:

(a) Be able to pay his or her portion of the cost of care.

(b) Not require care for which the home is not equipped or staffed to provide.

(3) The home may refuse admission to applicants whose medical, behavioral, or other conditions exceed the level of care provided by the home.

(4) Following admission, the home shall continue to provide care, provided that the care required does not exceed the level of care offered at the home.

History

History: 2007 AACS; 2019 AACS.

Mich. Admin. Code R 32.74 Involuntary transfer and discharge {#sec-r-32.74 omnilex-key=us-mi-regs-official--dept-military-and-veterans-affairs--R 32.74}

Rule 4. The governing board shall establish policies regarding involuntary transfers and discharges. The policies must be in compliance with 38 CFR 51.80 and 42 CFR 483.15.

History

History: 2007 AACS; 2019 AACS.

Mich. Admin. Code R 32.75 Holding bed open during temporary absence of member {#sec-r-32.75 omnilex-key=us-mi-regs-official--dept-military-and-veterans-affairs--R 32.75}

Rule 5. The governing board shall establish policies regarding the holding of beds for members absent from the home for emergency medical treatment, therapeutic leave, or other reasons. The policies must be in compliance with 38 CFR 51.80 and 42 CFR 483.15.

History

History: 2007 AACS; 2019 AACS.

Mich. Admin. Code R 32.76 Financial disclosure {#sec-r-32.76 omnilex-key=us-mi-regs-official--dept-military-and-veterans-affairs--R 32.76}

Rule 6. In determining financial eligibility for admission or continued care, an applicant, member, or responsible party must make full disclosure of all assets and income in accordance with the policies developed by the governing board.

History

History: 2007 AACS; 2019 AACS.

Mich. Admin. Code R 32.77 Financial responsibility {#sec-r-32.77 omnilex-key=us-mi-regs-official--dept-military-and-veterans-affairs--R 32.77}

Rule 7. (1) A member must pay his or her portion of the total cost of care as determined in policy established by the governing board.

(2) Any amounts of the member’s portion of the cost of care not paid are considered an arrearage. The state may file an appropriate legal proceeding at any time to recover an arrearage owed.

History

History: 2007 AACS; 2019 AACS.

Mich. Admin. Code R 32.78 Asset divestment; asset restriction {#sec-r-32.78 omnilex-key=us-mi-regs-official--dept-military-and-veterans-affairs--R 32.78}

Rule 8. The governing board shall determine policies establishing asset divestment and restriction penalties.

History

History: 2007 AACS; 2019 AACS.

Mich. Admin. Code R 32.79 Exempt assets and income {#sec-r-32.79 omnilex-key=us-mi-regs-official--dept-military-and-veterans-affairs--R 32.79}

Rule 9. The governing board shall determine policies establishing exempt assets and income.

History

History: 2007 AACS; 2019 AACS.

Mich. Admin. Code R 32.80 Rescinded {#sec-r-32.80 omnilex-key=us-mi-regs-official--dept-military-and-veterans-affairs--R 32.80}

History

History: 2007 AACS; 2019 AACS.

Mich. Admin. Code R 32.81 Rescinded {#sec-r-32.81 omnilex-key=us-mi-regs-official--dept-military-and-veterans-affairs--R 32.81}

History

History: 2007 AACS; 2019 AACS.

Mich. Admin. Code R 32.82 Contract for admission {#sec-r-32.82 omnilex-key=us-mi-regs-official--dept-military-and-veterans-affairs--R 32.82}

Rule 12. A member and a home must enter into a contract for admission.

History

History: 2007 AACS; 2019 AACS.

Mich. Admin. Code R 32.83 Appeals; right to compliance conference; grounds; written notice; appearance by letter; date, time, and location of compliance conference; stay pending decision {#sec-r-32.83 omnilex-key=us-mi-regs-official--dept-military-and-veterans-affairs--R 32.83}

Rule 13. (1) Appeals associated with Medicaid must comply with federal regulations.

An applicant, member, or responsible party may request a compliance conference with the home in the event of any the following:

(a) A denial of admission to a state veterans home.

(b) A denial of continued care at a state veterans home.

(d) A determination of an amount owed.

(e) A determination of asset divestment or restriction.

(2) To request a compliance conference, the applicant, member, or responsible party must provide written notice to the home administrator that he or she wishes to contest the denial of admission to a state veterans home, the denial of continued care at a state veterans home, the decision to involuntarily transfer or discharge a member, the determination of an amount owed, or the determination of asset divestment or restriction.

Written notice must include all of the following:

(a) The date.

(b) The name and address of the person providing notice.

(d) The basis for the objection.

(e) All documents that support the objection.

(f) Any other pertinent documents that the person providing notice wants the home to consider.

(3) A compliance conference must be conducted at a reasonable time and date, to be determined by the home administrator. The location of a compliance conference will be the home where the member resides or, in the case of applicants not yet admitted to a state veterans home, the home where application was made. The home administrator may accept a letter from the applicant, member, or responsible party, instead of the applicant's, member's, or responsible party's personal appearance at a compliance conference. The applicant, member, or responsible party must notify the home administrator, in writing, that he or she wishes to appear by letter before the start of the scheduled compliance conference.

(4) The home shall mail notice of the time, date, and location of compliance conference to the applicant, member, or responsible party requesting a compliance conference at least 10 business days before the date of the compliance conference.

(5) Requesting a compliance conference under this rule will automatically stay a member's transfer or discharge pending a decision. The automatic stay requirement of this subrule does not apply in any of the following instances:

(a) If an emergency transfer or discharge is mandated by the member's health care needs.

(b) If the transfer or discharge is mandated by the physical safety of other members, visitors, employees, or contractors.

History

History: 2007 AACS; 2019 AACS.

Mich. Admin. Code R 32.84 Denial or dismissal of request for compliance conference {#sec-r-32.84 omnilex-key=us-mi-regs-official--dept-military-and-veterans-affairs--R 32.84}

Rule 14. (1) The home shall deny or dismiss the request for a compliance conference if any of the following occurs:

(a) The request is withdrawn by an applicant, member, or responsible party, in writing, before the date of the compliance conference.

(b) The applicant, member, or responsible party abandons the compliance conference.

(2) Abandonment occurs if an applicant, member, or responsible party, without good cause, fails to appear at the scheduled compliance conference or fails to submit an appearance by letter.

History

History: 2007 AACS; 2019 AACS.

Mich. Admin. Code R 32.85 Home's decision; notice of opportunity to appeal the home's decision; date, time, and location of hearing; telephonic attendance; appearance by letter; waiver {#sec-r-32.85 omnilex-key=us-mi-regs-official--dept-military-and-veterans-affairs--R 32.85}

Rule 15. (1) Within 10 business days following a compliance conference, the home must provide the applicant, member, or responsible party written notice of the home's decision. Written notice must include all of the following:

(a) A statement of the action the home intends to take.

(b) The reasons for the intended action.

(d) A statement that the applicant, member, or responsible party has the right to request a hearing before the governing board.

(e) The circumstances, if any, under which a member's transfer or discharge will be stayed if a hearing is requested.

(2) Within 15 business days of service of the written notice of the home's decision, the applicant, member, or responsible party may request, in writing, a hearing before the board to appeal the decision of the home. Written notice must include all of the following:

(a) The date.

(b) The name and address of the person requesting a hearing.

(d) The basis for the appeal.

(e) All documents that support the appeal.

(f) Any other pertinent documents that the person requesting a hearing wants the governing board to consider.

(3) A hearing will be conducted at a reasonable time, date, and location, to be determined by the governing board. The governing board may accept a letter from the applicant, member, or responsible party, instead of the applicant's, member's, or responsible party's personal appearance at a hearing before the governing board. The applicant, member, or responsible party must notify the governing board, in writing, that he or she wishes to appear by letter before the start of the scheduled hearing.

(4) The home shall mail notice of the time, date, and location of hearing to the applicant, member, or responsible party requesting a hearing at least 10 business days before the date of the hearing.

(5) A hearing may be conducted via telephone upon written request by the applicant, member, or responsible party. Written request for a hearing via telephone must accompany the applicant's, member's, or responsible party's written request for a hearing before the governing board in order to be considered.

(6) If the applicant, member, or responsible party does not request a hearing before the governing board within 15 business days of service of the notice of opportunity to appeal the home's decision, then the applicant, member, or responsible party is deemed to have waived the right to appeal the home's decision to the governing board.

History

History: 2007 AACS; 2019 AACS.

Mich. Admin. Code R 32.86 Hearing rights of parties {#sec-r-32.86 omnilex-key=us-mi-regs-official--dept-military-and-veterans-affairs--R 32.86}

Rule 16. (1) An applicant, member, or responsible party may do any of the following:

(a) Examine the contents of his or her case file and all documents and records to be used by the governing board at the hearing at a reasonable time before the date of the hearing, as well as during the hearing.

(b) Present a case individually or with the aid of legal counsel or an authorized representative (c) Bring witnesses.

(d) Establish all pertinent facts and circumstances.

(e) Advance any relevant arguments without undue interference.

(f) Question or refute any testimony or evidence, including the opportunity to confront and cross-examine adverse witnesses.

(2) The home may be represented by legal counsel and other representatives, staff, or former staff members.

History

History: 2007 AACS; 2019 AACS.

Mich. Admin. Code R 32.87 Denial or dismissal of request for hearing {#sec-r-32.87 omnilex-key=us-mi-regs-official--dept-military-and-veterans-affairs--R 32.87}

Rule 17. (1) The home shall deny or dismiss the request for a hearing under any of the following conditions:

(a) The request is withdrawn by an applicant, member, or responsible party, in writing, before the hearing date.

(b) The applicant, member, or responsible party abandons the hearing.

(2) Abandonment occurs if an applicant, member, or responsible party, without good cause, fails to appear at the scheduled hearing or fails to submit an appearance by letter.

History

History: 2007 AACS; 2019 AACS.

Mich. Admin. Code R 32.88 Decision of governing board {#sec-r-32.88 omnilex-key=us-mi-regs-official--dept-military-and-veterans-affairs--R 32.88}

Rule 18. After the hearing and an opportunity to consider the evidence presented, the governing board may do any of the following:

(a) Affirm the home's decision.

(b) Make a finding that the home's decision be overturned.

(d) Direct the home to provide the applicant, member, or responsible party with written notice of the opportunity to appeal the governing board’s decision to the circuit court.

History

History: 2007 AACS; 2019 AACS.

Mich. Admin. Code R 32.89 Judicial review {#sec-r-32.89 omnilex-key=us-mi-regs-official--dept-military-and-veterans-affairs--R 32.89}

Rule 19. Decisions of the governing board are appealable to the circuit court as provided by law.

History

History: 2007 AACS; 2019 AACS.

Office of the Director and Adjudant General Office of the Director and Adjudant General

R 32.171 to R 32.186 Military Appeals Tribunal Procedures

Mich. Admin. Code R 32.171 Definitions {#sec-r-32.171 omnilex-key=us-mi-regs-official--dept-military-and-veterans-affairs--R 32.171}

DEPARTMENT OF MILITARY AFFAIRS

OFFICE OF THE DIRECTOR AND ADJUTANT GENERAL

MILITARY APPEALS TRIBUNAL PROCEDURES

(By authority conferred on the adjutant general by section 147 of Act No. 523 of the Public Acts of 1980, being S32.1147 of the Michigan Compiled Laws)

Rule 1. As used in these rules:

(a) "Act" means Act No. 523 of the Public Acts of 1980, being S32.1001 et seq. of the Michigan Compiled Laws.

(b) "Tribunal" means the military appeals tribunal established by the act.

History

History: 1986 AACS.

Mich. Admin. Code R 32.172 Transmittal of documents {#sec-r-32.172 omnilex-key=us-mi-regs-official--dept-military-and-veterans-affairs--R 32.172}

Rule 2. (1) All pleadings and other papers required to be filed with the Military Appeals Tribunal shall be mailed or delivered to the Military Appeals Tribunal, Department of Military and Veterans Affairs, 3411 N. Martin Luther King, Jr., Blvd., Lansing, MI 48906 and are not filed until received in such office.

(2) When the filing of any pleading or other paper is required to be served upon the State Judge Advocate General it shall be mailed to the State Judge Advocate General, Department of Military and Veterans Affairs 3411 N. Martin Luther King, Jr., Blvd., Lansing, MI 48906 and is not filed until received in such office.

History

History: 1986 AACS; 2014 AACS.

Mich. Admin. Code R 32.173 Computation of period of time {#sec-r-32.173 omnilex-key=us-mi-regs-official--dept-military-and-veterans-affairs--R 32.173}

Rule 3. In computing any period of time prescribed or allowed by these rules, by order of the tribunal, or by any applicable statute, the day of the act, event, or default after which the designated period of time begins to run is not to be included. The last day of the period so computed is to be included, unless it is a Saturday, Sunday, or legal holiday, in which event the period runs until the end of the next day which is not a Saturday, Sunday, or a holiday. When the period of time prescribed or allowed is less than 7 days, intermediate Saturdays, Sundays, and legal holidays shall be excluded in the computation.

History

History: 1986 AACS.

Mich. Admin. Code R 32.174 Formal papers; verification; effect of signature {#sec-r-32.174 omnilex-key=us-mi-regs-official--dept-military-and-veterans-affairs--R 32.174}

Rule 4. All formal papers shall be signed, shall be typewritten or printed, and shall show all of the following information with respect to the signor:

(a) Name, address, and telephone number.

(b) Military grade, if any.

(c) The capacity in which the paper is signed. Such signature constitutes a certificate that the statements made therein are true and correct to the best of the knowledge, information, and belief of the person signing the paper and that the paper is filed in good faith and not for purposes of unnecessary delay.

History

History: 1986 AACS.

Mich. Admin. Code R 32.175 Notice of appearance {#sec-r-32.175 omnilex-key=us-mi-regs-official--dept-military-and-veterans-affairs--R 32.175}

Rule 5. (1) Each appellate counsel shall file a written notice of appearance in the office of the state judge advocate general and with the tribunal.

(2) The filing of any pleading or other paper relative to a case in the office of the state judge advocate general which contains the signature of counsel constitutes notice of appearance for such counsel.

History

History: 1986 AACS.

Mich. Admin. Code R 32.176 Review {#sec-r-32.176 omnilex-key=us-mi-regs-official--dept-military-and-veterans-affairs--R 32.176}

Rule 6. Under the act, the accused may petition the military appeals tribunal for review not more than 60 calendar days from the time of the receipt of actual notice of the final action on the accused's case. The petition for review shall be accompanied by a brief. Four typewritten or printed copies of the petition and brief shall be filed.

History

History: 1986 AACS.

Mich. Admin. Code R 32.177 Service of copy of petition for review and brief; default; rebuttal; filing of record with tribunal; amicus curiae brief {#sec-r-32.177 omnilex-key=us-mi-regs-official--dept-military-and-veterans-affairs--R 32.177}

Rule 7. (1) A copy of the petition for review and brief shall be served upon the state judge advocate general and trial counsel within the time limit prescribed in R 32.176.

(2) Within 28 days after service upon him or her of appellant's brief, the trial counsel shall file with the tribunal 4 typewritten or printed copies of his or her brief and shall serve, within the time prescribed in R 32.176, 1 copy on defense counsel.

(3) In the case of default by the trial counsel for failure to serve a brief in a timely manner, trial counsel shall have no right to oral argument, except upon order of the tribunal, and the tribunal may, after notice and opportunity to respond, make such other order or relief as it may deem appropriate, including awarding the appellant all or part of his or her requested relief.

(4) The appellant shall have 14 days from the date of service of appellee's brief to file and serve on appellee his or her brief in rebuttal, if any.

(5) Within 14 days after the accused's petition for review is filed with the tribunal, the state judge advocate general shall file the original and 3 copies of the record with the tribunal.

(6) An amicus curiae brief may be filed only by permission of the tribunal.

History

History: 1986 AACS.

Mich. Admin. Code R 32.178 Brief format {#sec-r-32.178 omnilex-key=us-mi-regs-official--dept-military-and-veterans-affairs--R 32.178}

Rule 8. Briefs shall be prepared in the format required by the Michigan general court rules for appeals to the court of appeals.

History

History: 1986 AACS.

Mich. Admin. Code R 32.179 Proof of service; filing {#sec-r-32.179 omnilex-key=us-mi-regs-official--dept-military-and-veterans-affairs--R 32.179}

Rule 9. Proof of service of all petitions, pleadings, briefs, motions, and other documents filed with the tribunal shall be promptly filed with the tribunal.

History

History: 1986 AACS.

Mich. Admin. Code R 32.180 Oral argument {#sec-r-32.180 omnilex-key=us-mi-regs-official--dept-military-and-veterans-affairs--R 32.180}

Rule 10. (1) Oral argument shall be allowed in all cases.

(2) Each side shall be allowed not more than 30 minutes for oral argument, unless the time is extended by leave of the tribunal.

(3) The tribunal shall give appellate counsel not less than 14 days' notice of the time and place of oral arguments.

(4) The tribunal may limit the number of counsel making an oral argument.

The appellant has the right to make opening and closing arguments.

(5) Failure of appellate counsel to appear at the time and place set for oral argument may be regarded as a waiver thereof and the tribunal may proceed to act on the case as submitted without argument or, in its discretion, may continue the case for argument at a later date.

(6) The accused may be present at his or her own expense.

History

History: 1986 AACS.

Mich. Admin. Code R 32.181 Motions {#sec-r-32.181 omnilex-key=us-mi-regs-official--dept-military-and-veterans-affairs--R 32.181}

Rule 11. (1) All motions, and affidavits and briefs in support thereof, shall be typewritten or printed and 4 copies thereof shall be filed with the tribunal. Allegations of fact in motions shall be supported by affidavit. Motions shall set out briefly, but distinctly, the grounds upon which they are founded and shall be signed by the attorney of the party on whose behalf they are filed.

(2) All motions shall be filed not later than 21 days from the date the accused filed the petition for review.

(3) Any opposition to a motion shall be filed within 14 days after receipt by the opposing party of service of the motion.

(4) Oral argument shall not be permitted on motions, except when ordered by the tribunal.

(5) A motion to dismiss an appeal may be made by the appellee on any of the following grounds:

(a) The appeal is not within the jurisdiction of the tribunal.

(b) The appeal was not taken or pursued in conformity with these rules.

History

History: 1986 AACS.

Mich. Admin. Code R 32.182 Suspension of rules {#sec-r-32.182 omnilex-key=us-mi-regs-official--dept-military-and-veterans-affairs--R 32.182}

Rule 12. Except where the appellant has failed to file a petition for review within 60 days from his or her actual receipt of final action in the case, for good cause shown, the tribunal may suspend the requirements or provisions of any of these rules in a particular case on petition of a party or on its own motion.

History

History: 1986 AACS.

Mich. Admin. Code R 32.183 Stay or deferment of sentence {#sec-r-32.183 omnilex-key=us-mi-regs-official--dept-military-and-veterans-affairs--R 32.183}

Rule 13. Upon petition of the defendant, in any case where the sentence as approved includes a sentence of confinement, the tribunal shall grant a stay of the sentence until its decision on the merits of the case. In any other case, the tribunal may grant a stay or defer service of the sentence until its decision on the merits of the case.

Any application for a stay shall be filed within the time limits prescribed in R 32.176.

History

History: 1986 AACS.

Mich. Admin. Code R 32.184 Designation of presiding member of panel {#sec-r-32.184 omnilex-key=us-mi-regs-official--dept-military-and-veterans-affairs--R 32.184}

Rule 14. The chairperson shall designate a member of each panel as presiding member.

History

History: 1986 AACS.

Mich. Admin. Code R 32.185 Recording, photographing, broadcasting, or televising tribunal session prohibited {#sec-r-32.185 omnilex-key=us-mi-regs-official--dept-military-and-veterans-affairs--R 32.185}

Rule 15. The recording, photographing, broadcasting, or televising of any session of the tribunal or other activity relating thereto is prohibited.

History

History: 1986 AACS.

Mich. Admin. Code R 32.186 Tribunal deliberations to be closed unless otherwise directed by presiding member {#sec-r-32.186 omnilex-key=us-mi-regs-official--dept-military-and-veterans-affairs--R 32.186}

Rule 16. Deliberations of the tribunal shall be in closed session or as the presiding member may otherwise direct.

History

History: 1986 AACS.

Veteran's Trust Fund Board of Trustees Veteran's Trust Fund Board of Trustees

R 35.1 to R 35.7 Procedure for Appeals and Hearings

Mich. Admin. Code R 35.1 Appeal; hearing {#sec-r-35.1 omnilex-key=us-mi-regs-official--dept-military-and-veterans-affairs--R 35.1}

DEPARTMENT OF MILITARY AFFAIRS

VETERANS' TRUST FUND BOARD OF TRUSTEES

PROCEDURE FOR APPEALS AND HEARINGS

(By authority of Act No. 197 of the Public Acts of 1952, as amended, and section 4(c) of Act No. 9 of the Public Acts of the First Extra Session of 1946, being MCL 35.604 of the Michigan Compiled Laws)

Rule 1. When a veteran advises a county committee that he considers himself aggrieved at their decision and desires to appeal to the board of trustees, he shall be advised by the county committee at the time of filing his appeal that he may appear before the board for a hearing in person or by duly authorized representative, at his own expense.

History

History: 1979 AC.

Mich. Admin. Code R 35.2 Request to appeal {#sec-r-35.2 omnilex-key=us-mi-regs-official--dept-military-and-veterans-affairs--R 35.2}

Rule 2. The request to appeal shall be made in writing to the board of trustees within 10 days after receipt of the decision of the county committee, either directly to the board or through the county committee, and shall contain an accurate statement of the facts pertaining to his application, together with a statement as to whether or not a personal hearing is desired.

History

History: 1979 AC.

Mich. Admin. Code R 35.3 Submission of new evidence {#sec-r-35.3 omnilex-key=us-mi-regs-official--dept-military-and-veterans-affairs--R 35.3}

Rule 3. Upon receipt of appeal, the executive secretary of the Michigan veterans' trust fund board of trustees shall request the appellant to submit within 10 days any new and material evidence that he may have to support his claim.

History

History: 1979 AC.

Mich. Admin. Code R 35.4 Notice to county committee {#sec-r-35.4 omnilex-key=us-mi-regs-official--dept-military-and-veterans-affairs--R 35.4}

Rule 4. County committees will be notified of the receipt of appeal by the board of trustees, advised as to whether or not a hearing is requested, and asked to submit any additional evidence that may be available.

History

History: 1979 AC.

Mich. Admin. Code R 35.5 Referral of appeal to board of trustees {#sec-r-35.5 omnilex-key=us-mi-regs-official--dept-military-and-veterans-affairs--R 35.5}

Rule 5. If no new evidence is submitted within the period of time prescribed (10 days), the appeal will be referred to the board of trustees. If a personal hearing is requested, the appellant and the county committee shall be notified of the date, time and place of the meeting of the board at which the appellant is to appear for such hearing. If a personal hearing is not requested, the appeal shall be referred to the board for consideration at the earliest possible time for decision on the record as submitted.

History

History: 1979 AC.

Mich. Admin. Code R 35.6 Results of appeal; copies {#sec-r-35.6 omnilex-key=us-mi-regs-official--dept-military-and-veterans-affairs--R 35.6}

Rule 6. The original signed copy of the results of the appeal will be retained by the board of trustees, a copy will be forwarded for the files of the county committee concerned, and a copy furnished to the appellant.

History

History: 1979 AC.

Mich. Admin. Code R 35.7 Compliance with board's decision {#sec-r-35.7 omnilex-key=us-mi-regs-official--dept-military-and-veterans-affairs--R 35.7}

Rule 7. Action to comply with the decision of the board of trustees shall be taken by the county committee within 5 days after receipt of the copy of the results of the appeal.

History

History: 1979 AC.

R 35.621 to R 35.623 Grants to Eligible Michigan Veterans

Mich. Admin. Code R 35.621 Need {#sec-r-35.621 omnilex-key=us-mi-regs-official--dept-military-and-veterans-affairs--R 35.621}

DEPARTMENT OF MILITARY AFFAIRS

VETERANS' TRUST FUND BOARD OF TRUSTEES

GRANTS TO ELIGIBLE MICHIGAN VETERANS

(By authority conferred on the veterans' trust fund board of trustees by section 1 of Act No. 9 of the Public Acts of the First Extra Session of 1946, as amended, being MCL 35.604 of the Michigan Compiled Laws)

Rule 1. Need is defined for the purpose of this act to be any emergency in the life of an honorably discharged world war II or Korean war veteran, or his or her dependents, which requires immediate assistance in order to prevent undue hardship to the veteran, or his or her dependents. The emergencies may involve hospitalization, medical services which cannot be secured from any other federal, state, or county agency, or from any privately owned insurance coverage, food, fuel, clothing, shelter, necessary transportation, or other unforeseen emergencies that require prompt attention.

History

History: 1954 AC; 1979 AC.

Mich. Admin. Code R 35.622 Eligibility of veteran or dependents, or both {#sec-r-35.622 omnilex-key=us-mi-regs-official--dept-military-and-veterans-affairs--R 35.622}

Rule 2. Eligibility of the veteran, or his or her dependents, or both, shall be as specified in section 2, Act No. 9 of the Public Acts of 1946, Extra Session, as amended. ". . . for the purposes of the administration of this act, dependents shall be considered to be any persons legally entitled to look to the veteran for his or her support." (Sec. 4, Act No. 9, Public Acts of 1946, Extra Session, as amended.)

History

History: 1954 AC; 1979 AC.

Mich. Admin. Code R 35.623 Eligibility of deceased veteran's dependents {#sec-r-35.623 omnilex-key=us-mi-regs-official--dept-military-and-veterans-affairs--R 35.623}

Rule 3. (1) For the purposes of the administration of Act No. 9, Public Acts of 1946, Extra Session, as amended, it is further determined that the dependents of a deceased veteran are eligible to receive benefits in the same manner as the deceased veteran would have received, were he or she living.

(2) A widow of a veteran is considered a dependent as long as she is unremarried.

History

History: 1954 AC; 1979 AC.

Office of the Director and Adjudant General Office of the Director and Adjudant General

R 200.5 to R 200.95 Military and Veterans Affairs, Military Family Relief Fund

Mich. Admin. Code R 200.5 Purpose {#sec-r-200.5 omnilex-key=us-mi-regs-official--dept-military-and-veterans-affairs--R 200.5}

DEPARTMENT OF MILITARY AND VETERANS AFFAIRS

MILITARY FAMILY RELIEF FUND

PROCEDURE FOR REVIEW OF APPLICATIONS AND DISBURSEMENT

OF FUNDS

(By authority of the Department of Military and Veterans Affairs by 2004 PA 363, MCL 35.1216; 1967 PA 281, MCL 206.438)

Rule 5. The military family relief fund is created as a separate fund in the department to offer grants to provide assistance to families of qualified individuals.

History

History: 2005 AACS.

Mich. Admin. Code R 200.10 Definitions {#sec-r-200.10 omnilex-key=us-mi-regs-official--dept-military-and-veterans-affairs--R 200.10}

Rule 10. As used in these rules:

(1) "Department" means the Department of Military and Veterans Affairs.

(2) "Family" or "families" means the military dependents as determined by the qualified individual's branch of service.

(3) "Fund" means the military family relief fund created in section 3 of 363 PA 2004, MCL 35.1211.

(4) "Qualified individual" means an individual who meets all of the following criteria:

(a) The individual is or was a member of a reserve component of the United States armed forces based in this state or who is a resident of this state serving in a reserve component of the United States armed forces based in another state and is called to active duty by the president of the United States or the United States secretary of defense as a result of national response to September 11, 2001 or as a response to a national emergency declared by the president of the United States and for which funds are being spent by the federal government.

(b) The individual's family may document the need for financial assistance for clothing, food, housing, utilities, medical services or prescriptions, insurance payments, vehicle payments, or other related necessities of daily living in either of the following situations:

(i) The need occurred during the time the individual was on active duty.

(ii) The need occurred because the individual has incurred a line-of-duty injury or illness.

(5) "Reserve components of the United States armed forces" means all of the following:

(a) The Army National Guard of the United States.

(b) The Army, Naval, Marine Corps, Air Force, and Coast Guard Reserves.

History

History: 2005 AACS.

Mich. Admin. Code R 200.20 Determination of grant eligibility {#sec-r-200.20 omnilex-key=us-mi-regs-official--dept-military-and-veterans-affairs--R 200.20}

Rule 20. (1) All of the following factors are needed for an individual to qualify for a grant from the Michigan family relief fund:

(a) The applicant is a qualified individual or family.

(b) The need for financial assistance either occurred during the time that the qualified individual servedon active duty, or the need for financial assistance occurred because the individual has incurred a line-of duty injury or illness.

(c) There is a documented need for financial assistance for necessities of daily living that include, but are not limited to, any of the following:

(i) Food.

(ii) Clothing.

(iii) Housing.

(iv) Utilities.

(v) Medical service or prescriptions.

(vi) Insurance payments.

(vii) Vehicle payments.

(viii) Or other needs that are necessities of daily living.

(d) The qualified individual or family has not received more than $2,000 in grants from the family relief fund in any 1 calendar year.

(e) The qualified individual has served at least 30 days of active duty.

(f) The qualified individual has incurred a significant increase in the necessities of daily living, suffered a loss of pay, or suffered a significant emergency that warrants financial assistance.

(2) Military dependents must provide proof of military dependency to the department upon their initial application for a grant. The department may verify military dependency by obtaining a copy of the dependent's military identification card through DEERS, SIDPERS, by contacting personnel managers at the department's branch of service, or through any other reliable system or means of verification.

(3) The applicant must provide proof that the qualified individual is a Michigan resident if the qualified individual is a member of a reserve component of the United States armed forces for units that are based outside of the state of Michigan. Proof of residency for military members may consist of information obtained through DEERS, SIDPERS, by contacting personnel managers at the department's branch of service, or through any other reliable system or means of verification. Members of reserve components of the United States armed forces who were assigned to or who were based out of units located in Michigan are not required to prove residency.

(4) Proof of active duty must consist of a copy of the orders issued by an authorized headquarters ordering the member to such duty, and documentation that such duty was actually performed.

(5) The applicant must provide a copy of a payroll record from the member's civilian employer that indicates the member's monthly salary and a copy of a military payroll record that indicates the member's monthly salary. The following applies to a demonstration of need:

(a) The qualified individual must have incurred a significant increase in the necessities of daily living, suffered a loss of pay, or suffered a significant emergency that warrants financial assistance, and:

(i) The applicant must provide proof that the qualified individual's military salary (including basic allowance for housing (BAH), hazardous duty pay, separation allowance, jump pay, flight pay, professional pay, re-enlistment or extension bonuses, and basic allowance for sustenance (BAS)) has decreased from the member's civilian salary.

(ii) Any tax benefits, prorations, or tax forgiveness by any taxing authority may not be considered in determining need.

(b) The applicant must provide proof that the qualified individual or family member has incurred or is about to incur a specific monetary expense relating to clothing, food, housing, utilities, medical services, medical prescriptions, insurance payments, vehicle payments, or other needs that are necessities of daily living. Such proof may include, but is not limited to, a copy of a bill, invoice, estimate, cancellation notice, or any other similar record.

(6) The applicant must indicate that the grant request is for the purpose identified in the application and that the grant funds must be used for the purposes requested.

(7) If a custodial parent, guardian, or an individual appointed under a family care plan is applying for a grant on behalf of a qualified individual's dependent, then the applicant must provide proof of that relationship at the time of application.

(8) The following qualified individuals are ineligible to receive grants:

(a) Personnel serving in active guard reserve (AGR) or similar full-time unit support programs unless called to Title 10 service.

(b) Qualified individuals who, at any time before disbursement of funds pursuant to a grant application under this rule, receive a punitive discharge or an administrative discharge with service characterized as under other than honorable conditions or worse conditions discharge.

History

History: 2005 AACS; 2006 AACS.

Mich. Admin. Code R 200.50 Family need-based grant levels and limits {#sec-r-200.50 omnilex-key=us-mi-regs-official--dept-military-and-veterans-affairs--R 200.50}

Rule 50. (1) Payments to a qualified individual must not exceed $2,000 per calendar year.

(2) The Adjutant General may waive the requirements in emergency cases only, upon a written request indicating the circumstances justifying such a waiver. The Adjutant General may grant or deny such requests.

History

History: 2005 AACS.

Mich. Admin. Code R 200.80 Documentation; application; payment; denial {#sec-r-200.80 omnilex-key=us-mi-regs-official--dept-military-and-veterans-affairs--R 200.80}

Rule 80. (1) All of the following must apply to the acceptance of applications:

(a) To receive consideration for a grant, applicants must request and submit an application on a form provided by the Michigan Department of Military Affairs.

(b) All of the necessary documentation required in R 200.20 must be included with the application, unless otherwise provided under DEERS, SIDPERS, or any other system, and the applicant must authorize access to those systems for purposes of verification.

(c) Applications may be submitted via facsimile, but the original documentation must be submitted before any grant payments may be authorized.

(d) Incomplete applications must be returned to the applicant.

(e) The Department of Military Affairs, upon receipt of a complete original application, must verify the required information and must then process the information for payment. The application must be processed in an expeditious manner.

(2) All of the following must apply to payments:

(a) Payment must be made to the applicant who has met all of the eligibility requirements under R 200.20, subject to funds availability. Payments will not be made to creditors. The timeliness of payment will be determined by the amount of funds available at the time of application.

(b) If adequate funds are not available, the application will be held until funds are available.

(c) If a payment is authorized and sufficient funds are available, the department must forward the payment to the applicant within 30 days of application.

(3) Both of the following must apply to denial of grants:

(a) Grant applications from those not meeting eligibility requirements must be denied.

(b) A letter explaining the denial, as well as providing additional sources of available relief, must be sent to the applicant within 30 days after receipt.

History

History: 2005 AACS.

Mich. Admin. Code R 200.90 Determination; process {#sec-r-200.90 omnilex-key=us-mi-regs-official--dept-military-and-veterans-affairs--R 200.90}

Rule 90. (1) The department must provide adequate staffing and other resources to carry out the requirements of this program and may not utilize any monies from the Michigan family relief fund.

(2) The Adjutant General, at the general's pleasure, must appoint not less than 3 personnel to serve on the Michigan family relief fund review panel. The Adjutant General may appoint not more than 12 civilian or military members for the panel.

This panel will meet on an as-needed basis to review and approve grant requests. All of the following must apply to meetings of the panel:

(a) Three members of the review panel are required for a quorum.

(b) Each panel member must have 1 vote.

(d) One member of the review panel must keep a record of each vote cast during grant application reviews. Those documents must be maintained by that individual who is responsible for managing the Michigan family relief fund.

History

History: 2005 AACS.

Mich. Admin. Code R 200.95 Veterans homes transfers {#sec-r-200.95 omnilex-key=us-mi-regs-official--dept-military-and-veterans-affairs--R 200.95}

Rule 95. (1) As required by 2004 PA 364, MCL 206.438, Michigan Department of Treasury must distribute monies from income tax form contributions to the Department of Military and Veterans Affairs. Of those tax form contribution monies received, 80% must be placed in the military family relief fund, and 20% of those monies must be deposited to the post fund and posthumous fund of the Michigan Veterans Homes. The 20% to be deposited for the Michigan Veterans Homes must be forwarded to those entities biannually on dates to be determined by the director of the Department of Military and Veterans Affairs.

(2) The funds must be divided between the Grand Rapids Veterans Home and the D.J. Jacobetti Veterans Home by an amount equal to their proportional share of the overall post/posthumous appropriation in each fiscal year.

History

History: 2005 AACS.