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DEPARTMENT OF MILITARY AND VETERANS AFFAIRS MILITARY FAMILY RELIEF FUND
PROCEDURE FOR REVIEW OF APPLICATIONS AND DISBURSEMENT OF FUNDS
EMERGENCY RULES
Filed with the Secretary of State on December 19, 2005
These rules take effect upon filing with the Secretary of State and shall remain in effect for 180 days.
(By the authority conferred on the Department of Military and Veterans Affairs by 2004 PA 363, 2004 PA 364, and 1969 PA 306, MCL 35.1216, 206.438, and 24.248)
FINDING OF EMERGENCY
These rules are promulgated by the Department of Military and Veterans Affairs to establish emergency rules to clarify how the agency can disburse monies in the Military Family Relief Fund. The Military Family Relief Fund provides much needed financial assistance to families of the Army Reserves and Army National Guard, Navy Reserves, Air Force Reserves and Air National Guard, Marine Corps Reserves, and Coast Guard Reserves who are either serving out of units based in Michigan, or who are Michigan residents.
Since September 11th, 2001 an unprecedented number of reserve component service members have been deployed within the United States and around the world. Some of those service members suffer a financial hardship as a result of responding to the call for duty. The Department of Military and Veterans Affairs sees an immediate need to modify the Administrative Rules set to make the Military Family Relief fund more accessible to qualified individuals.
Several families of Reserve Component service members have suffered extreme financial hardships during the deployment of the service member. One of whom, the Masella family, has suffered the total loss of their home and all of its contents while the father, a service member in the 1071st Maintenance Company, Michigan National Guard, was deployed to Iraq. Based on the wording of the governing statute, these families would be able to benefit from the Family Relief Fund, but cannot do so because the administrative rules that are currently in place are more restrictive than the implementing legislation. These financial issues frequently develop on an emergent basis and quickly place the family members of deployed service members in dire financial straights – often overnight.
The Department of Military and Veterans Affairs therefore finds that the operational tempo of the U.S. Armed Forces Reserve Components requires the promulgation of emergency rules without following the notice and participation procedures required by sections 41, 42, and 48 of 1969 PA 306, as amended, MCL 24.241, MCL 24.242, and MCL 24.248 of the Michigan Compiled Laws.
Rule 1. To qualify for a grant from the Michigan Family Relief Fund, an individual shall meet the factors detailed in R 200.20 with the following exception: while this emergency rule is in effect, the
10% reduction in pay requirement contained in R 200.20(1)(f) is replaced by a requirement that the qualified individual has incurred a significant increase in the necessities of daily living, or the qualified individual has suffered a loss of pay, or the qualified individual has suffered a significant emergency that warrants financial assistance.
MICHIGAN DEPARTMENT OF MILITARY AND VETERANS AFFAIRS
Thomas G. Cutler, Major General, MIANG Director and The Adjutant General
Pursuant to Section 48(1) of 1969 PA 306, as amended, MCL 24.248(1), I hereby concur in the finding of the Department of Military and Veterans Affairs that circumstances creating an emergency have occurred and the public interest requires the promulgation of the above rules pertaining to emergency billing practices for retail customers of electric and gas utilities subject to the public service commission’s jurisdiction.
Jennifer M. Granholm, Governor Date
