Mich. Admin. Code R. 423.136 - Hearings; fact finder powers

Rule 136.

(1) If it appears to the commission that a hearing is warranted, then the commission shall appoint a fact finder and serve upon each of the parties a notice of the person appointed.

(2) A fact finder shall conduct a prehearing conference within 15 days of the fact finder's appointment. It may be conducted by telephone conference call. The commission may waive the requirement for a prehearing conference in exceptional circumstances. The fact finder shall also issue and serve, upon each of the parties, a notice indicating either of the following:

(a) A hearing date.

(b) A hearing is not necessary, and a fact finding report shall be based on the exhibits and briefs filed by the parties.

(3) The fact finder may amend or withdraw a notice of hearing at any time before the start of the hearing.

(4) Before the hearing, the fact finder may require the parties to prepare and submit a prehearing statement identifying the issues in dispute and each party's position on each issue along with copies of any exhibits on which the parties intend to rely during the hearing. The fact finder may permit the submission of rebuttal or response statements and exhibits. The fact finder may also permit the submission of additional exhibits or evidence during the hearing.

(5) The hearing shall be public, but for good cause shown, may be limited to the immediate parties by the fact finder, who shall inquire into pertinent matters necessary to allow the issuance of recommendations concerning the dispute. The fact finder may follow the procedures of section 11 of LMA, MCL 423.11.

(6) A fact finding hearing shall be limited to 2 days but may be extended for good cause if determined by the bureau director in consultation with the fact finder that additional hearing days are necessary.

(7) A fact finder may grant an application 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 evidence. The fact finder may determine the weight, credibility, and sufficiency of evidence submitted by the parties.

(8) No official record will be made unless the parties request one, in which case, the cost of a court reporter and any other costs associated with the preparation of the record shall fully be the responsibility of the parties pursuant to R 423.138.

(9) The fact finder has the authority and powers given to the administrative law judge in R 423.172(1) and (2).

(10) At any time during the fact finding process, the fact finder may remand the parties to further bargaining with a mediator if the fact finder believes it may be conducive to obtaining a full or partial agreement.

(11) The fact finder shall not receive, consider, or refer to a recommendation from the mediator.

(12) The fact finding hearing, including the filing of post hearing briefs, shall conclude within 90 days after the hearing commences, absent special circumstances warranting an extension of the deadline as determined by the bureau director in consultation with the fact finder.

Notes

Mich. Admin. Code R. 423.136

2002 AACS; 2014 AACS