R 423.171 General provisions.

Rule 171. (1) A hearing for the purpose of taking evidence upon a petition or complaint and attached charge shall be conducted by the commission or administrative law judge designated by the commission. The hearing shall be public unless otherwise ordered by the commission or administrative law judge for good cause shown. (2) A party may do all of the following: (a) Appear at a hearing in person, by counsel, or by other representative. (b) Call, examine, and cross-examine witnesses. (c ) Introduce into the record documentary or other evidence. (3) A party may introduce stipulations of fact into evidence at a hearing with respect to any issue at the discretion of the commission, administrative law judge, or fact finder. (4) An objection to conduct of a hearing, including an objection to introduction of evidence, may be oral or written, and be accompanied by a short statement of the grounds to the objection, and shall be included in the record. (5) Witnesses subpoenaed before the commission, administrative law judge, or fact finder shall be paid the same fees and mileage that are paid to witnesses in the circuit courts of the state. This payment shall be made by the party at whose request the witness appears and shall be tendered before the time the witness testifies. (6) Except as authorized by law, an administrative law judge or other agent of the commission shall not make or receive an ex parte communication regarding a matter subject to the hearing process, whether directly through a party or a representative of a party, or indirectly through staff. An administrative law judge or other agent of the commission who makes or receives an ex parte communication shall place it in the official record. If an ex parte communication is so prejudicial that it cannot be cured by exposure in the official record, the administrative law judge or other agent of the commission shall disqualify himself or herself from further involvement in the matter. (7) When a court has issued injunctive relief in aid of the commission’s jurisdiction related to a pending case, either party may seek and may be granted expedited proceedings on the underlying unfair labor practice charge on such terms as may be considered appropriate by the bureau director and the assigned administrative law judge. (8) The record of any hearing or proceeding shall be taken pursuant to all of the following: (a) Certification. Only official court reporters certified in accordance with the state court administrative office (SCAO) may record or prepare transcripts of proceedings held by or on behalf of the commission pursuant to these rules. Official court reporters shall, at a minimum, be designated as a certified shorthand reporter (CSR), certified steno mask reporter (CSMR), or certified electronic recorder (CER) as defined by SCAO. The signature line on the certification shall be signed by the court reporter who physically appeared at the proceedings and shall contain a current certification number issued by the SCAO as assigned to that reporter. (b) Attendance at hearing. A court reporter satisfying the certification requirements specified in subrule (8)(a) of this rule shall attend all hearings conducted by or on behalf of the commission and take a verbatim record of the proceedings, including, but not limited to, opening statements, witness testimony, final arguments, and the reasons given by the administrative law judge for granting or refusing any motion made by a party during the course of hearing. (c) Furnishing transcript. The court reporter shall furnish within 10 business days, in verbatim record, a transcript of the proceedings or any part of the proceedings taken by him or her to any party on request. A party ordering the transcript shall make satisfactory arrangements with the court reporter for payment of the cost of the transcript. (d) Filing transcript. The court reporter shall file with the commission and the administrative law judge an original transcript of the record, in legible English, of any proceedings conducted by or on behalf of the commission. The transcript shall include a certification by the court reporter that the transcript is an original, verbatim transcript of the proceedings. The original transcript shall become part of the record in the case, and the commission shall maintain a copy of the transcript for the time period required under R 423.185.