DEPARTMENT OF CIVIL RIGHTS
 
CIVIL RIGHTS COMMISSION
 
ORGANIZATION, PRACTICE, AND PROCEDURE
 
Filed with the secretary of state on
 
These rules become effective immediately after filing with the secretary of state unless adopted under section 33, 44, or 45a(9) of the administrative procedures act of 1969, 1969 PA 306, MCL 24.233, 24.244, or 24.245a.  Rules adopted under these sections become effective 7 days after filing with the secretary of state.
 

(By authority conferred on the civil rights commission by section 29 of article V of the state constitution of 1963 and section 601 of the Elliott-Larsen civil rights act, 1976 PA 453, MCL 37.2601)

 
R 37.2, R 37.4, R 37.5, R 37.6, R 37.7, R 37.9, R 37.10, R 37.11, R 37.12, R 37.14, R 37.15, R 37.16, R 37.17, R 37.18, R 37.19, R 37.20, R 37.21, R 37.23, R 37.24, R 37.25, R 37.27, R 37.29, and R 37.30 of the Michigan Administrative Code are amended, and R 37.32 is added, as follows:
 
R 37.2  Definitions. 
  Rule 2. As used in these rules: 
  (a) “Certified complaint” means a complaint of discrimination, drafted by department staff on an official complaint form that is prepared after a preliminary determination of jurisdiction, and has the claimant’s signature. 
  (b) "Chairperson" means the duly appointed or elected chairperson or a co-chairperson of the commission or, in the event of his or her the chairperson or co-chairperson’s or their absence, the acting chairperson designated by the remaining members of the commission. 
  (c) "Charge" means that document or pleading authorized by the department that initiates a contested case hearing under R 37.12. 
  (d) "Claimant" means any person who that makes a complaint of discrimination to the department. 
  (e) "Commission" means the state civil rights commission created by section 29 of article V of the constitution. 
  (f) "Commissioner" means any member of the commission. 
  (g) “Complaint” means a communication from the claimant to the department that alleges discrimination as set forth in R 37.4. 
  (h) "Constitution" means the state constitution of 1963. 
  (i) “Day” means a calendar day, including a Saturday, Sunday, and state holiday. 
  (j) "Department" means the department of civil rights established by section 475 of the Executive organization act of 1965, 1965 PA 380, MCL 16.575. 
 (k) "Department investigator" means a member, agent, or employee of the department designated or delegated by the director to conduct an investigation. 
  (kl) "Director" means the director of the department appointed by the commission. 
  (lm) "Hearing Officer officer commissioner" means a commissioner or commissioners designated by the chairperson or the commission to conduct a hearing or an agent of the commission designated or delegated by the chairperson or the director to conduct a hearing. 
(n) "Hearing referee" means an agent of the commission designated or delegated by the chairperson or the director to conduct a hearing. 
  (mo) "Party" or "parties" means the claimant or respondent, or both, and the commission or department, or both, where appropriate. 
  (pn) "Person" means an individual, agent, association, corporation, joint apprenticeship committee, joint stock company, labor organization, legal representative, mutual company, partnership, receiver, trust, trustee, trustee in bankruptcy, unincorporated organization, this state, or a political subdivision or agency of this state, or another legal or commercial entity. 
  (qo) "Respondent" means the person against whom the claimant has complained, or against whom the department has issued filed a charge. 
  (rp) “Summary of complaint” means a document prepared by department staff following an intake interview that explains why a certified complaint was not taken and outlines the timeline to request a reconsideration of that decision.  
 

R 37.4  Complaints; certified complaints.

  Rule 4. (1)  A person claiming to be aggrieved by unlawful discrimination may personally, or through counsel or other agent, submit a complaint to the department.

  (2)  A commissioner, director, or agent authorized by the commission or director, may initiate, make, sign, and file a complaint in the public’s interest.

  (3) Assistance in drafting and filing a complaint must be available without charge at all department offices. The department may receive a complaint by personal delivery, mail, or electronic service, addressed or emailed to 1 of the department offices.

(4) The department shall evaluate a complaint to determine if it will proceed with a certified complaint.  If the department decides not to proceed with a certified complaint, the claimant shall be notified of the decision and instructed on how to proceed.

  (45) A certified complaint must be in writing, dated, and include all of the following: If the department proceeds with a certified complaint, the department shall draft the certified complaint for filing, without charge.

   (a) The full name and address of the claimant and his or her agent, if any.

   (b) The full name and address of the respondent.

   (c) The alleged discrimination and a detailed statement describing it.

   (d) The date, dates, or range of dates of the alleged discrimination and whether the alleged discrimination is of a continuous nature.

   (e) The claimant’s signature.

  (65) The complaint must be filed with the department at 1 of its offices. A certified complaint must be in writing, dated, and include all of the following:

   (a) The full name and address of the claimant and their legal agent, if any.

   (b) The full name and address of the respondent.

   (c) The alleged discrimination and a detailed statement describing it.

   (d) The date, dates, or range of dates of the alleged discrimination and whether the alleged discrimination is of a continuous nature.

   (e) The claimant’s signature.

   (f) An acknowledgment as set forth in subrule (11) of this rule.  

  (76) The certified complaint must be filed with the department within 180 days after the date of the alleged discrimination, or within 180 days after the date when the alleged discrimination was or should have been discovered. If the alleged discrimination is of a continuous nature, the date of the discrimination is any date after the commencement of the discrimination, up to and including the date that upon which the discrimination ceased, subject to or consistent with prevailing law.

(7) The complaint may be filed by personal delivery, mail, or electronic service, and addressed or emailed to 1 of the department's offices.

  (8) Complaint forms may be obtained at any of the offices of the department.

  (89) The department shall mail a A copy of the certified complaint filed by the claimant must be delivered or mailed to the respondent.

  (910) The department may require answers to interrogatories, order the submission of books, papers, records, and other materials pertinent to a certified complaint, and require the attendance of witnesses, administer oaths, take testimony, and compel, through court authorization, compliance with its orders or an order of the commission.

  (1011) A certified complaint, or part of a certified complaint, may only be withdrawn with written consent of the commission or department upon conditions considered proper under the circumstances.

  (11) Every complaint or certified complaint must include a statement acknowledging both of the following:

   (a)Whether other proceedings, administrative, civil, or criminal, based upon the same facts, occurrences, or transactions as alleged in the complaint or certified complaint, are pending before a state or federal court or state or federal administrative agency.

   (b) The status or disposition of the matter.

(12) If another proceeding is pending, the commission or department may, in its discretion, stay or dismiss the complaint or certified complaint.

R 37.5  Conciliation conference.

  Rule 5. (1) The respondent may be invited, at any time, to participate in a conciliation conference in a final attempt to address and eliminate the alleged discrimination.

  (2) The conciliation conference is a confidential proceeding. The members of the commission Commissioners and the department staff shall not disclose what has transpired at the conciliation conference.

  (3) If the conciliation conference is successful, the department shall notify the parties of the resolution and close the case.

  (4) If the conciliation conference does not result in a settlement agreement between the parties fails, the department may do any of the following:

   (a) Conduct additional investigation.

   (b) Dismiss the certified complaint based on the investigation.

   (c) Refer the case for final legal review to evaluate whether the department will file a charge to initiate an administrative hearing. with a recommendation for a charge and an administrative hearing.

   (d) Enter into a consent agreement with respondent to address the alleged discrimination or retaliation, or both, as it relates to the public interest.

R 37.6  Charge; issuance filing charge; refusal to issue file charge.

  Rule 6.  (1) If, after investigation, the department determines that there are sufficient grounds for discrimination or retaliation, or both, a charge shall must be filed issued.

  (2) If the department determines that  there  are  insufficient  grounds to file issue a charge, the department it shall refuse to file issue a charge and shall notify  the  parties by mail or electronic service of  the determination and the refusal, together with the reasons for refusal,  and of the claimant's right to request reconsideration by  the  department of the determination within 30 days after the date of mailing, in  accordance with R 37.7.

R 37.7  Reconsideration of refusal to issue draft a certified complaint or file a charge;

  request; hearing.

  Rule 7. (1) A claimant may request that the department reconsider a its refusal summary of complaint to draft a certified complaint or its refusal to issue file a charge on a certified complaint. The request must be in writing, state specifically the grounds that upon which it is based on, and be filed within 30 days after the date of mailing of the summary of complaint or notice of disposition of which reconsideration is requested. It The request must be filed at any office of the department by personal delivery, email, or by mail.

  (2) A reconsiderationReconsideration of a summary of complaint a refusal to draft a certified complaint must review address all of the following: whether the request for reconsideration is timely filed and if the allegations are jurisdictional.:

(a) Whether the request for reconsideration is timely filed.

   (b) Whether the allegations are jurisdictional.

   (c)  Whether there is relevant evidence.

  (3) Reconsideration of a closed or dismissed certified complaint refusal to file a charge

must be filed within 30 days of closure or dismissal and must address the following 3 criteria:

  (a) Whether the request for reconsideration is timely filed.

   (ab)Whether an adequate investigation was conducted.

   (bc) Whether there is new probative evidence that may change the result of the investigation.

   (cd) Whether the determination was made in error.

  (4) The department may authorize a hearing on the request for reconsideration or its refusal to file a charge at a time and place before the hearing officer commissioner or commissioners or hearing referee or referees as it the department or the director may determine, and notice must be given to all parties to the proceedings by mail, electronic service, or by other means as is reasonably calculated to give actual notice delivery. 
 (5) The parties may appear in person or by counsel, present witnesses and testimony, and examine and cross-examine witnesses. Verbatim stenographic notes of the proceedings must be made and maintained by a competent reporter. The hearing officer commissioner or commissioners or hearing referee or referees shall report to the commission on the proceedings. The commission shall determine whether the department shall consider the matter further, and notify all parties by registered or certified mail or electronic service return receipt requested, or by other means as is reasonably calculated to give actual notice, and issue instructions for appropriate action based upon such the determination.
 
R 37.9  Charge; amendment.
  Rule 9. The commission on its own motion, on motion of the department, or on motion of the claimant may amend a charge at any time prior to issuance of a an final order based on the charge.
 

R 37.10  Charge; service.

  Rule 10.  Copies of the charge or amended charge must be delivered by mail or electronic service or sent by certified or registered mail, return receipt requested, or by other means as are reasonably calculated to give actual notice to the parties, together with notice to the respondent to answer the charge as provided in R 37.11.

R 37.11  Answer.

  Rule 11. (1) The respondent shall file a written verified answer to the charge of discrimination within 21 days after the date of service of the charge.

  (2) The answer must be filed in duplicate at any office of the department. The filing must be by personal delivery mail or electronic service, with proof of service.

  (3) Upon On request, the commission or director may, for good cause shown, extend the time that within which the answer may be filed.

  (4) The answer must be in writing and include all of the following: the original must be signed and verified by the respondent. The answer must contain the address of the respondent, and if he or she is represented by counsel, the name and address of counsel. The answer must contain a general or specific denial or admission or a denial of any knowledge or information sufficient to form a belief of every allegation of the charge and a statement of any matter constituting a defense. An allegation in the charge that is not denied or admitted in the answer, unless the respondent states in the answer that he or she is without knowledge or information sufficient to form a belief, is considered admitted.

   (a) The respondent’s signature.

   (b) The respondent’s address, and if represented by counsel, the name and address of counsel.

   (c) A general or specific denial or admission, or a denial of any knowledge or information sufficient to form a belief of every allegation of the charge, and a statement of any matter constituting a defense.  An allegation in the charge that is not denied or admitted in the answer is considered admitted, unless the respondent states in the answer insufficient knowledge or information to form a belief.

  (5) The respondent has the right, reasonably and fairly, to amend their his or her answer. Both of the following apply to an amended answer:

   (a) The respondent's right to amend his or her the answer may be exercised at any time, without permission, up to 10 days before the first hearing. If the first hearing is in less than 10 days, the respondent may apply, and the hearing officer commissioner or hearing referee may allow the respondent to amend their his or her answer.

   (b) Duplicate copies of an amended answer must be filed with the department.

  (6) If an answer is not filed within the time provided for in these this rule rules, each of the allegations in the charge are considered admitted. Upon On application, the hearing officer commissioner or hearing referee, for good cause shown, may set aside the admission.

  (7) The department, within 7 days after the date of receiving an answer or amended answer from the respondent, shall send a copy by mail or electronic service, with proof of service, to the claimant’s last known address of record or to the claimant’s counsel.

R 37.12  Hearing.

  Rule 12. (1) Upon On or after the filing issuance and service of a department-issued charge, the commission or director may schedule and summon the parties to a hearing. The commission may is also authorized, at any time, to schedule and conduct a hearing with respect to any matter that in the judgment of the commission may involve unlawful discrimination or retaliation, or both, and may warrant investigation by the commission, regardless of whether a charge was filed or a certified complaint has been was filed by or with the department.

  (2) Notice of the time and place of the hearing must be mailed, electronically served, or delivered to the parties not less than 21 days before the date of the hearing. Upon On good cause shown, the commission or director may order a hearing upon shorter notice. However, notice of the time and place of a hearing upon shorter notice must be mailed, electronically served, or delivered to the parties not less than 7 days before the date of the hearing, unless notice is waived by each party.

  (3) A hearing must be conducted by a hearing officer 1 or more hearing commissioners, or 1 or more hearing referees, or any combination of hearing commissioners or hearing referees. The hearing officer commissioner or hearing referee shall hear the evidence and report to the commission.

  (4) The parties may appear in person or by counsel, present witnesses and testimony, and examine and cross-examine witnesses. Verbatim stenographic notes of the proceedings must be made and maintained by a competent reporter. The hearing officer shall report to the commission on the proceedings. The commission shall determine whether the department shall consider the matter further, and notify all parties by mail, or electronic service, or by other means as is reasonably calculated to give actual notice, and issue instructions for appropriate action based on the determination.

Unless waived by the hearing commissioner or hearing referee or referees, the claimant shall be present at the hearing. The respondent may appear at the hearing in person or by counsel, examine and cross-examine witnesses and, if an answer has been filed, may submit oral testimony and other evidence in support of the answer.

  (5) Subject to R 37.31, hearings must be held at a place designated by the commission or director having due regard for the convenience of the parties and witnesses.

  (6) The case in support of the charge must be presented at the hearing by the department's counsel or by a member of the department's staff, or upon notice from the claimant, by the claimant or his or her the claimant’s counsel, subject to the right of the department to present additional evidence or arguments.

  (7) The hearing officer Hearing commissioners or hearing referees have has full authority to control the procedure of the hearing, admit or exclude testimony or other evidence without regard to strict rules of evidence, and rule upon all motions and objections, and may do any of the following:

   (a) By motion or at the request of a party, order witnesses excluded so that they the witnesses cannot hear the testimony of other witnesses. The hearing officer commissioner or hearing referee shall not exclude a party, an individual designated by a party as its representative, or a person whose presence is shown by a party to be essential to the party's presentation of his or her that party’s position.

   (b) Examine witnesses and direct the production of papers or other evidence.

   (c) Hear oral testimony. Oral testimony must be given under oath or affirmation and verbatim stenographic notes of the hearing must be made and maintained by a competent reporter. Transcripts must be maintained and, before the issuance of a final order, be available to the hearing officer commissioner or hearing referee. Parties may obtain transcripts by making arrangements with the reporter, and the department is not responsible for providing transcripts to the parties before the issuance of final orders.

  (8) If hearings are conducted by 3 or more hearing officers commissioners or referees, all rulings and determinations are made by majority rule.

  (9) Evidence of the department's endeavors The information disclosed at conciliation is not admissible at the hearing.

  (10) The hearing officer Hearing commissioner or hearing referee or a party may request a prehearing conference that the hearing officer commissioner or hearing referee may schedule, subject to objection by any party. A prehearing conference may be held to obtain admissions, stipulations as to fact and law, agreement on the issues, and to determine the authenticity of documents.  A prehearing conference may be held in-person, by telephone, videoconference, or other electronic means. Written stipulations may be introduced in evidence if signed by each person sought to be bound, or by his or her their counsel. Oral stipulations may be made on the record at open hearing.

  (11) The hearing officer Hearing commissioner or hearing referee may continue a hearing from day to day or adjourn it to a later date or to a different place by an announcement at the hearing or by appropriate notice to all parties.

  (12) The hearing officer Hearing commissioner or hearing referee shall allow the parties, their counsel, or the member of the department's staff presenting the case in support of the charge, and may allow interveners, to argue orally before them and to file briefs within the time limits the hearing officer commissioner or hearing referee determines.

  (13) The hearing officer Hearing commissioner or hearing referee may exclude any person that who engages in improper conduct before them from the hearing room or from further participation in the proceeding, except a party, his or her the party’s counsel, or a witness engaged in testifying, each of whom are subject to appropriate disciplinary action by the commission.

  (14) Hearings must be open to the public, unless the hearing officer commissioner or hearing referee determines otherwise.

  (15) Any motion filed by a party after the filing issuance of a charge and before the hearing must be referred to the hearing officer for decision. The hearing officer may request briefs and schedule oral arguments, as they consider considered necessary, and, where if appropriate, they may reserve their ruling until the conclusion of the hearing. All rulings upon motions must be included in the report of from the hearing officer commissioner or hearing referee to the commission.

  (16) A party may submit, or the hearing officer commissioner or hearing referee may request, proposed findings of fact, proposed conclusions of law, and proposed orders at the conclusion of the hearing. All proposals must be submitted to the commission with the report of the hearing officer commissioner or hearing referee.

 
R 37.14  Orders to submit pertinent material and require  attendance  of witnesses; other   
  powers; cost of service; witness and mileage fees.
  Rule 14. (1) At the request instance of a party or  on  its  own  behalf,  the commission or the department may order the submission  of  books,  papers, records, and other pertinent  material,  and  require  the  attendance  of witnesses, administer oaths, take  testimony  and  receive  evidence,  and compel, through court authorization, compliance with its orders.
  (2) Where If an order is issued at the request instance of a party to the inquiry or proceedings, other than the commission or a member thereof, or the department, the cost of service and witness and mileage fees shall must be borne by the party at whose instance it has been requested and issued. When If an order is issued at the request instance of the commission, or a member thereof, or the department, the cost of such the service and witness and mileage fees shall must be borne by the commission or department. Such The  witness and mileage fees shall must be the same as are paid to witnesses in the circuit courts of this state the state of Michigan.
 
R 37.15  Depositions.
  Rule 15. In accordance with  the  Michigan  general  court  rules of this state,  the commission, or a commissioner any member thereof, or the director, on its own  motion  or on the application of 1 of the parties, may take  or  cause  to  be  taken depositions of witnesses residing within or outside this without the state.
 
R 37.16  Order issued after hearing.
  Rule 16. (1) An order of the commission issued after hearing shall must set forth the findings of fact and the basis for its decision.  Following a hearing conducted under R  37.12,  and  prior  to  a  final  order,  the commission shall transmit to the parties a  copy  of  the  report  of  the hearing officer commissioners or referees and shall give parties an opportunity to file exceptions and present  written  arguments  to  the  commission. The commission may permit allow oral argument prior to before its final decision.
  (2) If based on upon the evidence at the hearing the commission shall finds that a respondent has engaged in  any  unlawful  discrimination,  the  commission shall state its findings of fact and may issue  an  order  requiring  such the respondent to cease and desist from such unlawful discriminatory act or acts and to take such affirmative action as the commission  may deems determines appropriate, which may include reporting from time to time the manner and extent of compliance. If based on upon the evidence the commission shall finds that a respondent has not engaged in unlawful discrimination, the commission shall state its findings of fact and shall issue an order dismissing the charge as to such the respondent.
  (3) Copies of orders must shall be served upon the parties, interveners, and their counsel by registered or certified mail, return receipt requested, or by such other means as are reasonably calculated to give actual notice, accompanied by a notice of the statutory right to judicial appeal.
  (4) All orders issued after a hearing must shall be filed with the director.  The orders must be made available to the public in accordance with state law and the department may make the orders electronically available to the public at no cost. Such orders shall be open to public inspection during regular office hours of the department.
  (5) When If deemed by the commission necessary to safeguard the public interest of persons concerned and to prevent injustice, the  commission may at  any  time prior to before or subsequent to the issuance of a charge is filed, may issue an its own order or the commission or the department may apply to an appropriate court to issue for the issuance of an order directed to or  against  any person  or  persons enjoining or prohibiting any conduct or threat thereof which that violates  or jeopardizes any of the rights of any person or persons guaranteed  by  law or the constitution.
 
R 37.17  Reopening of proceedings.
  Rule 17. The commission upon its own motion, or by upon request of any party or intervener, whenever justice so requires, may at any time  reopen any closed proceeding with upon notice to all parties and interveners.  The department may reopen any proceeding closed by the department in the same manner.
 
R 37.18  Appeals from order of commission or department. 
  Rule 18. Any party claiming to be aggrieved by a final order of the commission or the department, including without limitation a refusal to issue a charge, may appeal to the circuit court of the state of Michigan having jurisdiction provided by law within 30 days of the date of service of an appealable order.  An appellant challenging a final order of the commission shall name the commission as a party and serve the commission.  An appellant challenging a final order of the department shall name the department as a party and serve the department.  The respondent and complainant shall be named as a party to all appeals of final orders of the commission or department.
 
R 37.19  Modification or setting aside of orders.
  Rule 19. Until an appeal is shall have been filed in a court, as  provided in R 37.18, the commission may, at any time, upon reasonable notice and in such manner as it shall deem proper, modify or set aside, in whole  or  in part, any findings or order made by it.
 
 
R 37.20  Declaratory ruling.
  Rule 20. (1) The commission, on petition of an interested person, may issue a declaratory ruling as to the applicability of a statute, regulation, or rule, to an actual state of facts, upon  submission  to  the commission of each of the following:
   (a) A clear and concise statement of the facts.
   (b) A legal brief, memorandum, or other reference to legal authorities relied upon.
  (2) If the commission decides to The commission, if it determines it shall issue a declaratory ruling, the commission shall furnish the person with a statement to that effect and set forth the time in which that the commission shall issue the ruling.  The commission shall not issue a declaratory ruling after a certified complaint has been filed with the department.
  (3) A ruling must shall contain the statement of facts upon which that it is based on and the legal authority on which the commission relies on.  A ruling,  once issued,  is  binding  on  the  commission  and  the  commission  may   not retroactively change the ruling, but nothing in this rule  shall  prohibits the commission from prospectively changing a ruling.
 
R 37.21  Rules; adoption; amendment or rescission.
  Rule 21. Subject to and in accordance with the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, new New rules may be  adopted  and  any  rule  may  be  amended  or rescinded by the commission at a regular or special meeting, provided that if not less than 5 members are present and voting in favor of such the amendment and notice thereof shall have been and notice is given to all members of the commission not less than 10 days before the meeting at  which  action  it  is  to  be taken.
 
R 37.23  Guidelines.
  Rule 23. The commission may adopt interpretive or procedural guidelines, or both, at a regular or special meeting, if not less than 5 members are present and are voting vote in favor of the such guidelines and notice thereof is given to all members of the commission not less than 10  days  before  the meeting at which action is to be  taken.  Guidelines may  be  amended  or rescinded by the same procedure. The guidelines must shall be available to the public at all offices of the department.
 
R 37.24  Record making and keeping; disclosure.
  Rule 24. (1) Any person who that wishes, for purposes not  inconsistent  with the constitution and statutes, to make any of the  records  prohibited  by sections 206 and 402(c) of the persons with disabilities civil rights act, 1976 PA Act No. 220, MCL 37.1206 and 37.1402, of the  Public  Acts  of  1976  and sections 206 and 402(c) of the Elliott-Larsen civil rights act, 1976 PA Act No. 453, MCL 37.2206 and 37.2402,  of the Public Acts of  1976,  being SS37.1206, 37.1402(c), 37.2206, and 37.2402(c) of  the  Michigan  Compiled Laws, may apply to the commission, stating the specific purpose, method of compilation, and disposition  of  such the  information.  The commission may permit allow the making or keeping of such the records for limited periods upon such application.
  (2) A person subject to section 206 of  the Elliott Larsen civil rights act, 1976 PA 453, MCL 37.2206, Act No. 453 of the Public Acts of 1976 and section 206 of the persons with disabilities civil rights act, 1976 PA 220, MCL 37.1206, Act No. 220 of the Public Acts  of  1976,  being sections SS37.2206 and 37.1206 of the Michigan Compiled Laws, shall,  upon  request of the department or commission, disclose information covered by the acts mentioned in this rule above sections and shall not thereby be in  violation  of  those  provisions.  A person subject to the same sections may  retain  records  and  information previously and lawfully obtained from prospective employees, but  may  not disclose that information, except as provided in this rule.
 

R 37.25  Exemption from particular section of act; bona fide occupational qualification 

  (BFOQ).

  Rule 25. (1) A person subject to article 2 of the Elliott-Larsen civil rights act, 1976 PA 453, MCL 37.2201 to 37.2211, may apply to the commission for exemption from particular sections of article 2 of the Elliott-Larsen civil rights act, 1976 PA 453, MCL 37.2201 to 37.2211, on the basis that religion, national origin, age, height, weight, or sex is a bona fide occupational qualification (BFOQ). An application for a BFOQ exemption may be obtained from the department’s office of legal affairs or via the website at www.michigan.gov/mdcr.

  (2) The commission may direct the department to investigate any matter deemed determined relevant to an application, and the applicant shall make available all records, documents, data, or other information requested by the department or commission. Failure to provide this information results in denial of the application.

  (3) An exemption must not be granted if the same facts and circumstances are at issue in a complaint pending before the department or commission. Upon On a sufficient showing, the commission may grant an exemption. The exemption may be later revoked by the commission if the commission obtains other or different information, but the revocation is prospective. Any person obtaining an exemption shall notify the commission if and when the classification exempted is no longer utilized.

  (4) An approved BFOQ exemption is effective for not more than 5 years after the date of the order of exemption issued by the commission.

  (5) Within 21 days’ after notice to the person to whom an approved BFOQ exemption has been granted, the commission may revoke the BFOQ exemption by a majority vote of the commission.

  (6) An application to renew a BFOQ exemption may be submitted on the application form provided by the department.

 
R 37.27  Voluntary plans.
  Rule 27. (1) Any person requesting approval of a plan in accordance with the provisions of sections 210 and 507 of the Elliott-Larsen civil rights act, 1976 PA 453, MCL 37.2210 and 37.2507,Act No. 453 of the  Public  Acts of 1976, and sections 208, 403, and 507 of the persons with disabilities civil rights act,  1976 PA 220, MCL 37.1208, 37.1403, and 37.1507, Act No. 220 of the Public  Acts of 1976, being SS37.2210, 37.2507, 37.1208, 37.1403, and  37.1507  of  the Michigan Compiled Laws, may submit the plan by filing it at any office  of the department and requesting approval.
  (2) The commission may direct the department to obtain such information as it the commission determines deems necessary  to  approve  or  disapprove  a  plan.  The person requesting approval shall make available all records or information requested, and thesuch information mustshall be deemed determined confidential.  The Iinformation required shall includes, but shall is not be limited to, all of the following:
   (a) Verification that the person requesting approval is not subject  to any federal or state court order covering any of the practices involved in the plan.
   (b) A statement of all court or agency enforcement  actions  presently pending.
   (c) A statement of any voluntary plans previously filed with other state or federal agencies.
   (d) A statement of the purpose of the plan.

  (3) The commission may, prior to before approving or disapproving any plan, indicate to the person requesting approval areas needing improvement in the plan,  and the  commission  may   disapprove   or   refuse   further consideration of any plan unless the such improvements are made.

R 37.29  Mail and electronic service.

  Rule 29. (1) Mailing a document copy under these rules means enclosing it in a sealed envelope with first class postage fully prepaid, addressed to the person to be served, and depositing the envelope and its contents in the United States mail. Delivery Service by mail is determined complete upon mailing. Electronic service must be by email. When filing documents by email, all of the following apply:

   (a) All documents must be in PDF format.

   (b) The email subject line must include the case name, department case number, and title of each document being sent.

  (c) An email sent at or before 11:59 p.m. is considered served on that day. If the email is sent on a Saturday, Sunday, or legal holiday, it is deemed to be served on the next business day.

  (2) Electronic service must be by email. If filing documents by email, all of the following apply:

   (a) The documents must be in PDF format.

   (b) The email subject line must include the case name, department case number, and title of each document being sent.

   (c) An email sent at or before 11:59 p.m. is considered served on that day. If the email is sent on a Saturday, Sunday, or legal holiday, it is determined to be served on the next business day.

  (32) Both mailing and electronic service require proof of service. Proof of service must be by written acknowledgment of service, or a written statement by the individual who served the documents.

  (43) Proof of service may be satisfied in documents filed through mail or email, or both, with the following written statement:

PROOF OF SERVICE

I, ___[name]____, certify, under penalty of perjury, that on __[date]___, I caused a copy of the above document to be served by __[mail/email]__ on ____[other party name]_____.

/s/ [electronic signature]

[name]

R 37.30  Signature.

  Rule 30.  (1) The claimant’s signature on a certified complaint form and the respondent’s signature on an answer means all of the following apply:

   (a) The document has been read. Claimant has read the document.

   (b) To the best of the claimant’s or respondent’s claimant’s knowledge, information, and belief the allegations contents are true and grounded in fact.

   (c) The certified complaint is made in good faith and not made for any improper purpose, including to harass or to cause unnecessary expense.

  (2) Retention of a signature electronically affixed to a document that will be is retained

in electronic format must not depend on the mechanism that was used to affix that  signature.

 
R 37.32  Posting of notices.
  Rule 32. The commission may require persons, groups, or organizations within its jurisdiction to post, in a conspicuous place, notices that the commission may publish or cause to be published, setting forth any requirements for compliance with applicable civil rights law or other relevant information that the commission determines necessary to explain the law.