R 423.177 Compliance and enforcement.

Rule 177. (1) A compliance request made under this rule shall be limited to a controversy concerning the meaning, interpretation, or scope of a commission order. A request for enforcement of a commission order shall be made in the court of appeals under MCL 423.216(d) and MCL 423.23(2)(e). Both of the following apply: (a) If, at any time after entry of a commission order or entry of a final court judgment enforcing a commission order, a controversy exists between the parties concerning compliance with the order which cannot be resolved without a formal proceeding, the prevailing party may request that the commission conduct a hearing on such issues. (b) An original and 4 copies of the a request shall be filed with the commission, together with a proof of service of a copy on all other parties, as prescribed in R 423.181 and R 423.182. (2) If the controversy concerns the amount of back pay due, then the request for compliance shall specifically and in detail show, for each employee, the back pay periods broken down by calendar quarters, the specific figures and basis of computation of gross back pay, and the interim earnings and expenses for each quarter, the net back pay due, and any other pertinent information. (3) If the controversy concerns matters other than the amount of back pay due, then the request shall contain a clear and concise description of the respects in which the respondent has failed to comply with a commission or court order, including the remedial acts claimed to be necessary for compliance by the respondent. (4) Each respondent alleged in the request to have compliance obligations shall, within 10 days of service of the request, file an original and 4 copies of an answer with the commission, together with proof of service of copies of such documents on all other parties. The answer shall specifically admit, deny, or explain each allegation in the request, unless the respondent is without knowledge, in which case the respondent shall so state, such statement operating as a denial. As to all matters within the knowledge of the respondent, including but not limited to the various factors entering into the computation of gross back pay, a general denial shall not suffice. As to such matters, if the respondent disputes either the accuracy of the figures in the request or the premises upon which they are based, the answer shall specifically state the basis for such disagreement, setting forth in detail the respondent's position as to the applicable premises and furnishing the appropriate supporting figures. (5) If the respondent fails to file any answer to the request within the time prescribed by this rule, then the commission may, either with or without taking evidence in support of the allegations in the request for compliance and, without further notice to the respondent, enter an appropriate order. If the respondent files an answer to the specification but fails to deny any allegation in the request in the manner required by subrule (4) of this rule, and the failure to deny is not adequately explained, then such allegation shall be admitted as true, and may be found by the commission without the taking of evidence supporting such allegation, and the respondent shall be precluded from introducing any evidence controverting the allegation. (6) Upon proper cause shown by any party, the commission may by written order extend the time within which the answer to the request for compliance is filed. (7) After the filing of a request for compliance and the issuance of a notice of hearing, the requirements in part 7 shall be followed as applicable.