Section R. 792.10219 - Commencement of contested cases; motions to amend to add a subsequent tax year; election of small claims division and entire tribunal; other filings; notice of no actionRule 219.
(1) A contested case is commenced by mailing, delivering, or submitting through the tribunal's e-filing system a petition with the appropriate filing fee within the time period prescribed by statute.(2) A motion to amend a property tax appeal petition to include an assessment in a subsequent tax year is considered filed within the time period prescribed by statute if it has been mailed, delivered, or submitted through the tribunal's e-filing system with the appropriate filing fee on or before the expiration of the applicable time period.(3) If a petitioner files a defective petition and the tribunal is unable to determine the division of the tribunal in which the petitioner intended to file the contested case, the petitioner is presumed to have elected to have the matter heard in the small claims division. If a motion to transfer is filed after the scheduling of the hearing and the motion is granted by the tribunal, the moving party shall pay all tribunal filing fees and any reasonable costs that the tribunal determines may be incurred by the opposing party as a direct result of the transfer.(4) Pleadings, motions, documents, and exhibits are considered filed upon mailing or delivery. Pleadings, motions, documents, and exhibits may also be submitted through the tribunal's e-filing system. Pleadings, motions, documents, and exhibits submitted through the tribunal's e-filing system are considered filed upon successful submission of the pleading, motion, document, or exhibit. Unsuccessful submissions through the tribunal's e-filing system due to a system-wide outage are considered timely if filed on the following business day. Pleadings, motions, other than a motion to amend a property tax appeal petition to include an assessment in a subsequent tax year, documents, and exhibits may be submitted by email to the email address designated by the tribunal. Pleadings, motions, documents, and exhibits submitted by email to the email address designated by the tribunal are considered filed when the email is received by the tribunal.(5) A submission by mail is considered filed on the date indicated by the United States Postal Service postmark on the envelope containing the submission. A submission without a postmark or with an illegible postmark is considered filed on the date the submission is received by the tribunal. A submission by commercial delivery service is considered filed on the date the submission is given to the commercial service for delivery to the tribunal as indicated by the receipt date on the package containing the submission. A submission by personal service is considered filed on the date the submission is received. A submission through the tribunal's e-filing system by 11:59 p.m. on a business day is considered filed on that business day. A submission by email to the email address designated by the tribunal by 11:59 p.m. on a business day is considered filed on that business day. A submission on a Saturday, a Sunday, or a holiday is considered filed on the following business day, as provided by section 35a of the tax tribunal act, MCL 205.735a.(6) If a motion filed by mail, delivery, or through the tribunal's e-filing system is not accompanied by the required filing fee, the tribunal shall issue a notice of no action. If a motion is submitted by email to the email address designated by the tribunal and the required filing fee is not paid within 14 days after the date the motion was emailed, the tribunal may issue a notice of no action or an order holding the party that filed the motion in default. If the required filing fee is paid within 14 days after the issuance of the notice of no action, action shall be taken on the motion based on the date that the motion was originally submitted to the tribunal. If the required filing fee is not paid within 14 days after the issuance of the notice of no action, no action shall be taken on the motion.(7) If a motion or document, other than a petition, is not accompanied by a required proof of service, the tribunal shall issue a notice of no action. If the required proof of service is filed within 14 days after the issuance of the notice of no action, action shall be taken on the motion or document based on the date the motion or document was originally submitted to the tribunal. If the required proof of service is not filed within 14 days after the issuance of the notice of no action, no action shall be taken on the motion or document.(8) If a motion and brief or response and brief does not comply with the written motion practice requirements indicated in R 792.10225(5), the tribunal shall issue a notice of no action. If a notice of no action is issued because a motion and brief does not comply with the written motion practice requirements and a motion and brief complying with those requirements is not filed within 14 days after the issuance of the notice of no action, no action shall be taken on the motion. If a notice of no action is issued because a response and brief does not comply with the written motion practice requirements and a response and brief complying with those requirements is not filed within 14 days after the issuance of the notice of no action, action shall be taken on the motion based on the motion and brief only.Mich. Admin. Code R. 792.10219
2013 AACS; 2015 AACS; 2023 MR 19, Eff. 9/29/2023