Section R. 125.1003 - Application for exception; form; review; alternatives; partiesRule 3.
(1) When a person receives notice from the appropriate administrative authority that plans and specifications submitted for preliminary or final review do not comply with the barrier free design requirements, the person may modify the plans and specifications to comply with the requirements or shall submit an application for exception. A person may also submit an application for exception pursuant to R 125.1020.(2) An application for an exception shall be on a form containing all information so designated by the board and shall be accompanied by detailed building or site drawings of all nonconforming areas. Dimensioned line drawings to scale are sufficient. Photographs or a brief written explanation, or both, may be included. Plans and specifications accompanying an application for an exception shall be sealed in accordance with Act No. 299 of the Public Acts of 1980, as amended, being S339.101 et seq. of the Michigan Compiled Laws.(3) An application for an exception to the barrier free design requirements shall be mailed or delivered to the office of the Barrier Free Design Division, Michigan Department of Labor, State Secondary Complex, 7150 Harris Drive, Box 30015, Lansing, Michigan 48909.(4) Upon receipt of an application for an exception, the board's authorized agent shall review the application within 10 business days. If complete, the application shall be forwarded to the office of hearings with a request that a pre-hearing conference and hearing be scheduled. If the application is not complete, the applicant shall be notified of the additional items necessary to complete the application. If the additional items are not received within 30 days, a second request shall be sent to the applicant. If after an additional 30 days, the items have been not received, the file shall be closed and the known parties shall be notified.(5) When requesting an exception, the applicant is encouraged to propose alternatives at the time the request is submitted or any time before the board takes final action. Alternatives to present methods of compliance that are submitted for consideration shall achieve a level of performance adequate to meet the intent of the act and the rules and shall not effectively deviate from the goals and objectives of the present barrier free design requirements, while assuring that the health, safety, and welfare of the people of the state are maintained.(6) Parties to an exception application shall include all of the following parties: (a) The applicant or the applicant's representative, or both.(b) The appropriate administrative authority.(c) Any other party which has been admitted after petitioning to intervene pursuant to R 125.1005.(d) The complainant, if a complaint has been filed pursuant to R 125.1017 before the filing of the exception request.(7) The authorized agent shall post, in a conspicuous place on a public bulletin board near the offices of the barrier free design division, a copy of all memoranda of transmittal to the office of hearings of applications for exception to be scheduled for a pre-hearing conference and hearing pursuant to R 125.1003(4). The memorandum of transmittal shall include a statement that interested persons may petition to intervene pursuant to R 125.1005. Upon written request of a person, the authorized agent shall provide the person with a copy of the memoranda of transmittal, as well as any material related to the applications specifically identified by the person. These materials shall be made available pursuant to Act No. 442 of the Public Acts of 1976, as amended, being S15.231 et seq. of the Michigan Compiled Laws, and known as the freedom of information act.Mich. Admin. Code R. 125.1003