Mich. Admin. Code R. 792.10115 - Motion practice

Rule 115.

(1) All requests for action addressed to the administrative law judge, other than during a hearing, must be made in writing. Written requests for action must state specific grounds and describe the action or order sought. A copy of all written motions or requests for action must be served pursuant to these rules.

(2) Except as otherwise approved by the administrative law judge, all motions must be filed at least 14 days before the date set for hearing unless other scheduling provisions prevent compliance with this timeline or the need for the motion was not reasonably foreseeable 14 days before the hearing.

(3) A response to a motion may be filed within 7 days after service of the written motion unless otherwise ordered by the administrative law judge or unless other scheduling provisions prevent compliance with this timeline. Either party may request an expedited ruling.

(4) All motions and responses must include citations to supporting authority and, if germane, supporting affidavits or citations to evidentiary materials of record.

(5) The administrative law judge may require oral argument on a motion or allow or deny oral argument based on a request from a party.

(6) A request for oral argument on a motion must be made in writing.

(7) Notice of oral argument on a motion must be given before the date set for hearing. At the discretion of the administrative law judge, a hearing on a motion may be conducted in whole or in part by telephone or other electronic means. The administrative law judge must rule upon motions within a reasonable time or hold the motion in abeyance.

(8) Multiple motions may be consolidated for oral argument.

(9) A party may withdraw a motion for oral argument at any time.

(10) Any relief granted by the administrative law judge in response to a motion must be incorporated in a written order, the proposal for decision, or the final order.

Notes

Mich. Admin. Code R. 792.10115

2015 AACS; 2023 MR 19, Eff. 9/29/2023