Section R. 792.10441 - Formal complaints; contentRule 441.
(1) A formal complaint may be filed on paper or may be filed by email in accordance with instructions on the commission's website. Formal complaints filed by corporations must be electronically filed in the commission's e-docket system. Complaints filed by residential customers must be processed under the provisions of this subpart. Complaints filed by sole proprietors may be processed under this subpart in accordance with instructions from the secretary.(2) A formal complaint must set forth all of the following:(a) The name and address of the complainant and the complainant's attorney, if any.(b) The name and address of the respondent.(c) The interest of the complainant in the subject matter.(d) A concise statement of the facts on which the complainant relies in requesting relief, with the specific allegations necessary to reasonably inform the respondent of the nature of the claims the respondent is called upon to defend, with specific reference to the section or sections of all statutes, rules, regulations, orders, and tariffs upon which the complainant relies in filing a complaint.(e) A demand for a contested case proceeding.(f) A clear and concise statement of the relief sought and the authority upon which the complainant relies for the relief.(g) The signature of the person or persons filing the complaint.(h) A specification regarding whether the complaint will be addressed by email filing and service or by paper filing and service.(3) Two or more complainants may join in 1 complaint if their complaints are against the same respondent, involve substantially the same purposes and subjects, and are predicated upon substantially similar facts. This rule shall not be construed to authorize class actions in proceedings before the commission.(4) If a complaint states a prima facie case, and the complainant elects to proceed using email filing and service, the filings in the complaint proceeding will not be available to the public on the commission's website. In addition to email service to the parties, all documents shall be emailed to the secretary in accordance with the instructions found on the commission's website.(5) If a complaint states a prima facie case, and the complainant elects to file and serve documents on paper, the filing and service of notices, pleadings, motions, and other documents must be made by deposit with the United States Postal Service for first-class mailing, courier delivery service or by delivery in person. In all residential complaint cases to be processed on paper, a party shall file an original and 3 copies of each document or pleading.Mich. Admin. Code R. 792.10441
2015 AACS; 2023 MR 19, Eff. 9/29/2023