Mich. Admin. Code R. 38.151 - Motions, general provisions

Current through Vol. 22-05, April 1, 2022

Rule 21.

(1) A request to the administrative law judge or the commission for an order in a pending action must be by written, signed motion unless made during a hearing. The motion must include the particular grounds on which the moving party bases the motion, citations of supporting authority, the particular relief or order sought, and the signature of the party or the party's attorney. The moving party may file with the motion a supporting brief and affidavits and a request for a hearing date.
(2) At the time a party files a written motion, the party shall serve on the opposing party a copy of the motion and, if filed, the brief, affidavits, and request for a hearing date; and a notice that the rules of the commission require a response to the motion not later than 10 days after service of the motion. The moving party shall file proof of service with the commission.
(3) A respondent opposing a motion shall file a response not later than 10 days after service of the motion unless the administrative law judge or the commission otherwise orders, shall serve a copy of the response on the moving party, and shall file proof of service with the commission. The response must include citations of supporting authority and the signature of the respondent. The respondent may file with the response a supporting brief and affidavits and a request for a hearing date.
(4) The administrative law judge or the commission may limit or dispense with oral arguments on motions.
(5) An affidavit filed under this rule must meet all of the following requirements:
(a) Be made on personal knowledge.
(b) State with particularity facts admissible as evidence establishing or denying the grounds stated in the motion.
(c) Show affirmatively that the affiant, if sworn as a witness, can testify competently to the facts stated in the affidavit.
(6) The administrative law judge shall set the time, manner, and place for a hearing on a motion. However, the hearing on a motion must not cause a delay in the date for the conclusion of the hearing as set forth in section 4 of article IV of the act, MCL 38.104, or in the due dates of exceptions or cross-exceptions.
(7) If the record does not establish the facts necessary for resolution of a motion, the administrative law judge may hear the motion on affidavits or may hear the motion wholly or partly on oral testimony or deposition.
(8) The administrative law judge may direct that a hearing on a motion be held in Lansing, Detroit, or the county of the appellee.

Notes

Mich. Admin. Code R. 38.151
1998-2000 AACS; 2020 MR 3, Eff. 2/6/2020

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