Michigan Compiled Laws
280-1939-STATE-DEPARTMENT-OF-SOCIAL-SERVICES - State Department of Social Services (400.1...400.21)
Section 400.9 - Rules for Conduct of Hearings; Procedure; Hearing Authority; Powers and Duties; Review; Representation of Department; Compliance With Open Meetings Act.

Sec. 9.
(1) Pursuant to the administrative procedures act of 1969, Act No. 306 of the Public Acts of 1969, as amended, being sections 24.201 to 24.328 of the Michigan Compiled Laws, the director shall promulgate rules for the conduct of hearings within the state department. The rules shall provide adequate procedure for a fair hearing of appeals and complaints, when requested in writing by the state department or by an applicant for or recipient of, or former recipient of, assistance or service, financed in whole or in part by state or federal funds. Hearings shall be conducted by agents designated by the director. The director may appoint a hearing authority to decide these cases. The hearing authority shall be vested with the powers and duties of the director to hold and decide hearings. The director may also upon his or her own motion review a decision of a county or district department with respect to the granting of assistance financed in whole or in part by state or federal funds, and may consider and pass upon an application for assistance that has not been acted upon by the county or district department within a reasonable time.
(2) Irrespective of funding source, the state department may be represented in any hearing held pursuant to subsection (1) by a duly authorized employee or agent of the state department.
(3) A hearing held pursuant to this section shall be held as prescribed in the open meetings act, Act No. 267 of the Public Acts of 1976, as amended, being sections 15.261 to 15.275 of the Michigan Compiled Laws.
History: 1939, Act 280, Imd. Eff. June 16, 1939 ;-- CL 1948, 400.9 ;-- Am. 1957, Act 95, Eff. Sept. 27, 1957 ;-- Am. 1965, Act 401, Imd. Eff. Oct. 27, 1965 ;-- Am. 1971, Act 193, Imd. Eff. Dec. 20, 1971 ;-- Am. 1978, Act 224, Imd. Eff. June 13, 1978 ;-- Am. 1982, Act 131, Imd. Eff. Apr. 20, 1982 ;-- Am. 1993, Act 41, Imd. Eff. May 27, 1993 Popular Name: Act 280Admin Rule: R 400.1 et seq.; R 400.3351; and R 400.3401 et seq. of the Michigan Administrative Code.

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Structure Michigan Compiled Laws

Michigan Compiled Laws

Chapter 400 - Social Services

Act 280 of 1939 - The Social Welfare Act (400.1 - 400.122)

280-1939-STATE-DEPARTMENT-OF-SOCIAL-SERVICES - State Department of Social Services (400.1...400.21)

Section 400.1 - Family Independence Agency; Creation; Powers and Duties; Director, Assistants, and Employees; Rules; Successor to Juvenile Institute Commission; Other References.

Section 400.1a - Social Welfare Act; Short Title.

Section 400.1b - Annual Appropriation Act as Time-Limited Addendum; Inclusion of Program Not as Entitlement.

Section 400.1c - Compensation of Certain Employees Injured During Course of Employment as Result of Assault by Recipient of Social Services.

Section 400.2 - Michigan Social Welfare Commission; Powers and Duties; Appointment, Terms, and Qualifications of Members; Governor as Ex Officio Member; Oath; Removal; Vacancies; Conducting Business at Public Meeting; Notice; Quorum; Meetings; Failur...

Section 400.3 - Family Independence Agency; Director; Appointment; Salary; Expenses; Intent as to References.

Section 400.3a - Advisory Committee; Establishment; Appointment of Members; Recommendations From County Social Services Boards and County Social Services Association; Advising on Statutes and Policies.

Section 400.4 - Executive Heads of State Institutions; Appointment; Employees, Salaries and Expenses.

Section 400.5 - Divisions Within State Department of Social Welfare; Creation, Abolition.

Section 400.5a - Adverse Action Against Child Placing Agency Prohibited; Basis.

Section 400.6 - Rules, Regulations, and Policies; Appointment and Duties of Bipartisan Task Force of Legislators; Applicability of Subsection (2) to Enrolled Medicaid Providers.

Section 400.7 - Rules and Regulations; Publication, Seal, Certified Copies as Evidence; Body Corporate, Powers.

Section 400.8 - Witnesses; Compelled Attendance, Oaths; Jurisdiction of Courts.

Section 400.9 - Rules for Conduct of Hearings; Procedure; Hearing Authority; Powers and Duties; Review; Representation of Department; Compliance With Open Meetings Act.

Section 400.10 - Administration of Social Security Act and Food Stamp Act; Cooperation With Federal, State, and Local Governments; Reports; Welfare and Relief Problems; Plan for Distribution and Allotment of Federal Moneys; Rules; Agreements; Assurin...

Section 400.10a - Disclosure of Certain Recipients to Law Enforcement Agency; Federal Approval; Definitions.

Section 400.10b - Individual Subject to Felony Charge; Eligibility for Cash or Food Assistance; Federal Approval; Review by Department Director; Definitions.

Section 400.10c - Automated Program; Development and Implementation; Comparison of List of Individuals Receiving Public Assistance With Information Regarding Outstanding Felony or Extradition Warrants; Access to Address Information; Report; "Extradit...

Section 400.10d - Determination of Financial Eligibility for Family Independence Program or Food Assistance Program; Application of Asset Test.

Section 400.10e - Determination of Financial Eligibility for Family Independence Program and Food Assistance Program; Inclusion of Money Received From Lottery or Gambling Winnings.

Section 400.10e[1] - Repealed. 2013, Act 41, Imd. Eff. June 5, 2013.

Section 400.10f - Performance of Monthly Incarceration Match to Determine Eligibility for Bridge Card; Issuance Prohibited or Terminated; Performance of Monthly Match to Determine if Recipient Is Deceased.

Section 400.10g - Determination of Financial Eligibility; Money Associated With Designated Beneficiary's Able Savings Account; "Able Savings Account", "Designated Beneficiary", and "Qualified Disability Expenses" Defined.

Section 400.11 - Definitions.

Section 400.11a - Reporting Abuse, Neglect, or Exploitation of Adult; Oral Report; Contents of Written Report; Reporting Criminal Activity; Construction of Section.

Section 400.11b - Investigation; Purpose; Basis; Providing Licensee With Substance of Allegations; Response to Allegations; Cooperation of Local Law Enforcement Officers; Investigation Not to Be in Place of Investigation of Suspected Criminal Conduct...

Section 400.11c - Confidentiality of Identity of Person Making Report; Immunity From Civil Liability; Presumption; Extent of Immunity; Abrogation of Privileged Communication; Exception; Sharing of Information and Records.

Section 400.11d - Availability of Writing to Public; Exception; Correction of Inaccurate Statements; Identification of Unsubstantiated Statements.

Section 400.11e - Failure to Make Report; Liability; Disposition of Fine.

Section 400.11f - Certain Actions and Investigations Prohibited; Report; Interdepartmental Agreements; Coordinating Investigations; Agreement Establishing Criteria.

Section 400.12 - Transfer of Funds.

Section 400.13 - Reciprocal Agreements With Other States; Authorization, Exception.

Section 400.14 - Additional Powers and Duties of Department; Powers and Duties of County Social Services Boards as to General Public Relief Transferred to Department; Changing Eligibility Standards and Coverages for Medical Care.

Section 400.14a - State Department; Camps, Purposes.

Section 400.14b - Family Planning Services; Notice of Availability, Contents; Referral, Drugs and Appliances, Rules and Regulations.

Section 400.14c - Minimum Housing Standards; Establishment, Annual Review; Use of Relief Grants.

Section 400.14d - Juvenile Residential Care Facility in County With Population Less Than 50,000; Direct Care Worker; Qualification; Conflict With Administrative Rule.

Section 400.14e - Federal Food Stamps; Distribution by Mail; Rules.

Section 400.14f - Administration of Program or Performance of Duty; Contract With Private Individual or Agency.

Section 400.14g - Pilot Projects.

Section 400.14h - Electronic Benefit Transfer System; Use for Food Stamp Distribution; Rescission of Rules.

Section 400.14i - Repealed. 2011, Act 240, Imd. Eff. Dec. 2, 2011.

Section 400.14j - Issuance of Food Assistance Benefits; Number of Times per Month.

Section 400.14l - Replacement Cost of Electronic Benefits Transfer Card.

Section 400.14m - Federal Ineligibility for Food Assistance for Convictions of Certain Felonies; State Op-Out.

Section 400.15 - Gifts; Acceptance by Commission; Duties of Attorney General.

Section 400.16 - Budget; Preparation by Commission, Submission to Governor.

Section 400.17 - Report of Program Goals and Biennial Report to Governor and Legislature; Recommendations.

Section 400.18 - Appropriations for General Public Relief; Distribution of Moneys to County and District Departments; Assumption of Program Costs by State; Exclusions; County Expenditures and Costs; Reimbursement of County Payments; Difference Betwee...

Section 400.18a - Friend of the Court Incentive Payment Program; Establishment; Activities; Subsection (1) Inapplicable to Certain Judicial Circuits; Annual Appropriation.

Section 400.18b - Repealed. 1975, Act 280, Eff. Jan. 1, 1976.

Section 400.18c - Foster Care of Children; Use of Licensed Child Caring Institutions or Placement Agencies; Supervision by County Department; Standards of Care and Service; Placement of Child at Least 16 but Less Than 21 Years of Age or at Least 18 b...

Section 400.18d - Foster Care of Children; County Emergency Receiving Facility for Temporary Care, Standards.

Section 400.18e - State Plan for Foster Care; Focus Groups; Establishment; Funds.

Section 400.19 - Powers and Duties as to Michigan Employment Institution for Blind; Transfer to State Department.

Section 400.20 - Powers and Duties as to Social Welfare; Transfer to State Department.

Section 400.21 - Refusal of Access or Information to Social Welfare Commission; Misdemeanor.