Section R. 423.176 - Exceptions to administrative law judge's decision and recommended orders; cross exceptions and response; brief in supportRule 176.
(1) Any party may file written exceptions to the decision and recommended order of the administrative law judge, or to any other part of the record or proceedings, including rulings upon motions or objections, and a brief in support thereof. Except as permitted by order of the commission, the combined length of the exceptions and brief is limited to 50 pages, exclusive of tables, indexes and appendixes. The exceptions and brief shall conform to the form and style in R 423.184.(2) An original and 4 copies of the exceptions and brief shall be filed with the commission, along with all of the following documents:(a) Two copies of each exhibit, if any, admitted, or offered and marked at hearing by either party.(b) Two copies of each party's post-hearing briefs.(c) Two copies of all of the following documents: (i) Any motion that resulted in a ruling by the administrative law judge dismissing or sustaining the unfair labor practice in whole or part.(ii) Any brief in support of the motion.(iii) The response to the motion filed by the opposing party or parties.(d) Copies of the exceptions and brief and a list of the other documents filed with the exceptions shall be served at the same time on each party to the proceedings, and a statement of service shall be filed under R 423.182(3) Exceptions and the supporting documents in subrule (2) of this rule shall be filed with the commission, and not with the administrative law judge, within 20 days of service of the decision and recommended order.(4) Exceptions shall be in compliance with all of the following provisions: (a) Set forth specifically the question of procedure, fact, law, or policy to which exceptions are taken.(b) Identify that part of the administrative law judge's decision and recommended order to which objection is made.(c) Designate, by precise citation of page, the portions of the record relied on.(d) State the grounds for the exceptions and include the citation of authorities, if any, unless set forth in a supporting brief.(5) A brief in support of exceptions shall contain only matter included within the scope of the exceptions and shall contain, in the sequence indicated, all of the following: (a) A title page, stating the full title of the case, including the name of the administrative law judge and the case number.(b) An index of authorities, listing, in alphabetical order, all case authorities cited, with the complete citations including the years of decision, and all other authorities cited, with the number of the pages where they appear in the brief.(c) A statement of the questions involved and to be argued.(d) A clear and concise statement of facts. All material facts, both favorable and unfavorable, shall be fairly stated without argument or bias. The statement shall contain specific page references to the transcript and the legal or other material relied on.(e) The argument, presenting clearly the points of fact and law relied on in support of the position taken on each question, with specific page references to the transcript and the legal or other material relied on.(6) An exception to a ruling, finding, conclusion, or recommendation that is not specifically raised is waived.(7) An exception that fails to comply with this rule may be disregarded.(8) Within 10 days after service of exceptions, a party may file 1 original and 4 copies of cross exceptions and briefs in support thereof, or 1 original and 4 copies of a brief or legal memorandum in support of the decision and recommended order. Copies of these documents shall be served on each party to the proceedings.(9) Within 10 days after service of cross exceptions, an opposing party may file 1 original and 4 copies of a brief or legal memorandum responding specifically to the issues raised in the cross exceptions that were not addressed in the exceptions.(10) An amicus curiae brief may be filed on motion granted by the commission. The motion and proposed brief shall be filed within 20 days of the date that the brief in support of the decision and recommended order is due. The brief is limited to the issues raised by the parties.(11) The commission may, on its own motion, reopen a record in any case and receive further evidence, may close the case upon compliance with the administrative law judge's recommended order, or may make other disposition of the case.Mich. Admin. Code R. 423.176