Current through Vol. 24-21, December 1, 2024
Section R. 29.2924 - Proposed decision of administrative law judgeRule 24. The proposed decision of the administrative law judge shall be as follows:
(a) Within 10 business days of the conclusion of a hearing or within 5 business days of the receipt of the transcript, if any, or the additional time as allowed by the administrative law judge, each party may file with the administrative law judge a proposed order, including proposed findings of fact and conclusions of law, with the supporting argument and reasoning as are necessary to support the proposed order.(b) Within 20 business days of the conclusion of a hearing or within 15 business days of the receipt of the transcript, if any, the administrative law judge shall serve upon parties by certified mail or personal service a proposed decision which shall include all of the following:(i) A statement of the reasons for the proposed decision.(ii) Issues of fact and law necessary for the proposed decision.(iii) The decision of the administrative law judge which shall be based upon consideration of the whole record and shall be made on the basis of a preponderance of reliable and probative evidence.(c) Unless a party, within 10 business days of the receipt of the proposed decision, files exceptions to the proposed decision with supporting reasons, the proposed decision shall become a final decision of the director of the department. Exceptions shall refer to the specific issues of fact and law, or excepted terms of the proposed decision. If the testimony had been transcribed, reference shall be made to specific pages of the transcript, and shall suggest modified issues of fact and law, and terms of the proposed decision.(d) An administrative law judges proposed decision under this rule shall not be operative while that decision is being referred to the director.Mich. Admin. Code R. 29.2924