Mich. Admin. Code R. 792.10433 - Appeals to commission from rulings of presiding officers

Rule 433.

(1) During the course of a proceeding, a party may appeal a ruling of the presiding officer by filing an application for leave to appeal the ruling to the commission. Unless otherwise provided by the presiding officer, the application shall be filed within 14 days after an oral ruling or service of a written ruling and any response shall be filed within 14 days after service of the application.

(2) The commission shall grant an application and review the presiding officer's ruling if any of the following provisions apply:

(a) A decision on the ruling before submission of the full case to the commission for final decision will materially advance a timely resolution of the proceeding.

(b) A decision on the ruling before submission of the full case to the commission for final decision will prevent substantial harm to the appellant or the public-at-large.

(c) A decision on the ruling before submission of the full case to the commission for final decision is consistent with other criteria that the commission may establish by order.

(3) An offer of proof must be made in connection with an appeal of a ruling excluding evidence. The offer of proof must be made on the hearing record. If the ruling excluded oral testimony, the offer of proof must consist of a statement of the substance of the evidence that the appellant contends would be established by the testimony. If the ruling excluded written evidence or evidence that refers to documents or records, the offer of proof must consist of a copy of the evidence, documents, or records. If the ruling excluded prefiled testimony or rebuttal testimony, the offer of proof must consist of a copy of the testimony or rebuttal testimony.

(4) The application must be supported by a clear and concise brief, pursuant to the provisions of R 792.10434, stating the basis for the appeal and showing that it complies with the provisions of this rule. The brief must be supported by specific factual allegations as appropriate.

(5) The commission's failure to grant the application does not bar a party from asking the commission to consider the presiding officer's ruling on final disposition of the proceeding. A party's failure to file an application for leave to appeal does not constitute a waiver of the right to challenge any ruling of the presiding officer either in a brief or in exceptions to a proposal for decision.

Notes

Mich. Admin. Code R. 792.10433

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