Michigan Administrative Code
Department - Labor and Economic Opportunity
Bureau of Employment Relations
Employment Relations Commission General Rules
Part 7 - HEARINGS
Section R. 423.172 - Duties and powers of administrative law judge or fact finder
Universal Citation: MI Admin Code R. 423.172
Current through Vol. 24-16, September 15, 2024
Rule 172.
(1) An administrative law judge or fact finder shall inquire fully into the facts involved in the proceeding before him or her.
(2) An administrative law judge or fact finder has the power to do all of the following:
(a) Hold pretrial conferences for settlement
or clarification of the issues, either in person or by telephonic or electronic
means, and may order the filing of position statements to aid in the pretrial
or hearing process.
(b) Dispose of
procedural requests, motions, or similar matters.
(c) Continue or adjourn a hearing to a later
date.
(d) Take or cause depositions
to be taken when the ends of justice would be served thereby.
(e) Grant applications for subpoenas,
subpoena witnesses, administer oaths and affirmations, examine witnesses,
receive relevant testimony and evidence, rule upon offers of proof, and
introduce into the record documentary or other relevant evidence.
(f) Regulate the course of a hearing and, if
appropriate or necessary, exclude persons or counsel from the hearing for
contemptuous conduct.
(g) Order a
hearing reopened before issuance of an administrative law judge's recommended
order or fact finder's report.
(h)
Take official notice of facts. A judicially noticed fact must be one not
subject to reasonable dispute in that it is either generally recognized or
capable of accurate and ready determination by resort to sources whose accuracy
cannot reasonably be questioned.
(i) Take official notice of common law,
administrative law, constitutions, public statutes, private acts, resolutions
of public bodies, ordinances, and regulations.
(j) Take any other action necessary and
authorized by rules of the commission.
Disclaimer: These regulations may not be the most recent version. Michigan may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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