Current through Reg. 49, No. 38; September 20, 2024
(a) If briefing is required in a hearing that
is reviewed by the commissioner under the substantial evidence standard, the
petitioner's brief shall contain the following:
(1) Statement of the case. The brief must
state concisely the nature of the case, the course of proceedings, and the
school district's disposition of the case. The statement should be supported by
record references, should seldom exceed one-half page, and should not discuss
the facts.
(2) Issues presented.
The brief must state concisely all issues or points presented for review. The
statement of an issue or point will be treated as covering every subsidiary
question that is fairly included. However, an issue that is not so identified
is waived.
(3) Statement of facts.
The brief must state concisely and without argument the facts pertinent to the
issues or points presented. The commissioner will accept as true the facts
stated unless another party contradicts them. The statement must be supported
by record references.
(4) Argument.
The brief must contain clear and concise argument for the contentions made with
appropriate citations to authorities and to the record.
(5) Prayer. The brief must contain a short
conclusion that clearly states the nature of the relief sought.
(b) If briefing is required in a
case that is reviewed by the commissioner under the substantial evidence
standard, the respondent's brief shall conform to the requirements of the
petitioner's brief, except that the respondent's brief need not include a
statement of the case, statement of the issues presented, or a statement of the
facts, unless the respondent is dissatisfied with that portion of the
petitioner's brief.
(c) Because
briefs are meant to acquaint the commissioner with the issues in the case and
to present argument that will enable the commissioner to decide the case,
substantial compliance with this rule is sufficient, subject to the following.
(1) Formal defects. If the administrative law
judge determines that this rule has been flagrantly violated, the
administrative law judge may require a brief to be amended, supplemented, or
redrawn as statutory timelines may allow. If another brief that does not comply
with this rule is filed, the administrative law judge may strike the brief,
prohibit the party from filing another, and proceed as if the party had failed
to file a brief.
(2) Substantive
defects. If the administrative law judge determines either before or after
submission, that the case has not been properly presented in the briefs, or
that the law and authorities have not been properly cited in the briefs, the
administrative law judge may, if statutory timelines allow, postpone
submission, require additional briefing, and make any order necessary for a
satisfactory submission of the case.
