Michigan Administrative Code
Department - Labor and Economic Opportunity
Bureau of Employment Relations
Employment Relations Commission General Rules
Part 6 - MOTION PRACTICE
Section R. 423.161 - General provisions
Current through Vol. 24-16, September 15, 2024
Rule 161.
(1) An application to the commission for an order other than that sought for by the unfair labor practice charge shall be by motion. Examples of such motions are set forth in R 423.162 to R 423.167.
(2) All motions made before or after hearing shall be in writing and shall state with particularity the grounds upon which the motion is based and the relief sought. A motion that presents an issue of law shall be accompanied by a brief citing the authority on which it is based. All motions and briefs made before the hearing shall be served as provided in R 423.182.
(3) Each adverse party may file a written brief in opposition to any motion made before or after hearing. The brief shall be filed within 10 days after service of the motion, or within any other period as specified by the commission or administrative law judge designated by the commission, and served as provided in R 423.182.
(4) Motions made before or after hearing shall be ruled upon without notice or oral argument. A request for oral argument by either party shall indicate "oral argument requested" in bold capital letters on the first page under the caption of the motion, response, or other pleading. If the request is granted, the commission or administrative law judge designated by the commission will serve a notice of hearing upon all parties.
(5) All motions made at hearing shall be made in writing to the administrative law judge or stated orally on the record.
(6) All pleadings to the administrative law judge shall include 1 original, and 1 copy, unless otherwise directed.
(7) Rulings by an administrative law judge on any motion, except a motion resulting in a ruling dismissing or sustaining the unfair labor practice charge in its entirety, shall not be appealed directly to the commission, but shall be considered by the commission only if raised in exceptions or cross exceptions to the proposed decision and recommended order filed under R 423.176.
