Mich. Admin. Code R. 792.11118

Current through Vol. 24-21, December 1, 2024
Section R. 792.11118 - Proposed decision of administrative law judge; service; contents; exception; inoperative while on referral; filing proposed order

Rule 1118.

(1) Within 10 days of the conclusion of a hearing or within 5 days of the receipt of the transcript, if any, or such 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 such supporting argument and reasoning as are necessary to support the proposed order.
(2) Within 30 days of the conclusion of a hearing or receipt of the transcript, if any, the administrative law judge shall serve upon parties a proposed decision that includes both of the following:
(a) A statement of the reasons for the proposed decision.
(b) Issues of fact and law necessary for the proposed decision.
(3) The decision of the administrative law judge shall be based upon consideration of the whole record and shall be made on the basis of a preponderance of reliable and probative evidence.
(4) Unless a party, within 21 days of the receipt of the proposed decision, files exceptions thereto with supporting reasons, the proposed decision shall become a final decision of the director. Exceptions shall refer to the specific issues of fact and law, or terms of the proposed decision. If the testimony was 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.
(5) 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. 792.11118

2015 MR 1, Eff. Jan. 15, 2015