R 423.195 Exceptions to decision and recommended order; cross exceptions and response; brief in support.

Rule 195. (1) Any party may file written exceptions to the decision and recommended order of a commissioner or administrative law judge, or to any other part of the record or proceedings, including rulings upon motions or objections, and a brief in support of the exceptions. Except as permitted by order of the commission, the combined length of the exceptions and brief is limited to 50 pages, exclusive of tables, indexes, and appendixes. The exceptions and brief shall conform to the form and style in R 423.184. (2) An original and 4 copies of the exceptions and brief shall be filed with the commission, along with all of the following documents: (a) Two copies of the notice and affidavit identifying the employees presumed to have been engaged in a strike in violation of section 2 of PERA. (b) Two copies of the answer and affidavit of the employee presumed to have been engaged in a strike in violation of section 2 of PERA. (c) Two copies of each exhibit, if any, admitted, or offered and marked at hearing by either party. (d) Two copies of each party’s briefs. (e) Copies of the exceptions and brief and a list of the other documents filed with the exceptions shall be served at the same time on each party to the proceedings, and a statement of service shall be filed under R 423.182. (3) Exceptions and the supporting documents listed in subrule (2) of this rule shall be filed with the commission, and not with a commissioner or administrative law judge, within 20 days of service of the decision and recommended order. If the exceptions and the supporting documents listed in subrule (2) of this rule are filed electronically pursuant to commission policy, it is not necessary to file additional copies. (4) Exceptions shall comply with all of the following provisions: (a) Set forth specifically the question of procedure, fact, law, or policy to which exceptions are taken. (b) Identify that part of the decision and recommended order to which objection is made. (c) Designate, by precise citation of page, the portions of the record on which the exceptions rely. (d) State the grounds for the exceptions and include a citation of authorities, if any, unless set forth in a supporting brief. (5) A brief in support of exceptions shall contain only matters included within the scope of the exceptions and shall contain, in the sequence indicated, all of the following: (a) A title page that states the full title of the case, including the name of the commissioner or administrative law judge and the case number. (b) An index of authorities that lists in alphabetical order all case authorities cited with the complete citations, including the years of decision, and all other authorities cited with the number of the pages where they appear in the brief. (c) A statement of the questions involved and to be argued. (d) A clear and concise statement of facts. All material facts, both favorable and unfavorable, shall be fairly stated without argument or bias. The statement shall contain specific page references to the transcript and the legal or other material on which the brief relies. (e) The argument that presents clearly the points of fact and law relied on in support of the position taken on each question, with specific page references to the transcript and the legal or other material on which the argument relies. (6) An exception to a ruling, finding, conclusion, or recommendation that is not specifically raised is waived. (7) An exception that does not comply with this rule may be disregarded. (8) Within 10 days after service of exceptions, an opposing party may file 1 original and 4 copies of cross exceptions and briefs in support of the cross exceptions, or 1 original and 4 copies of a brief or legal memorandum in support of the decision and recommended order. If the cross exceptions and brief in support or the legal memorandum in support of the decision and recommended order are filed electronically pursuant to commission policy, it is not necessary to file additional copies. Copies of these documents shall be served on each party to the proceedings. (9) Within 10 days after service of cross exceptions, an opposing party may file 1 original and 4 copies of a brief or legal memorandum responding specifically to the issues raised in the cross exceptions that were not addressed in the exceptions. If the brief or legal memorandum responding to the cross exceptions is filed electronically pursuant to commission policy, it is not necessary to file additional copies. Copies of these documents shall be served on each party to the proceedings. (10) The commission may, on its own motion, do any of the following: (a) Reopen a record in any case and receive further evidence. (b) Close the case upon compliance with the commissioner’s or administrative law judge's recommended order. (c) Make other disposition of the case. (11) If the decision and recommended order was issued by a commissioner, that commissioner shall recuse himself or herself from deciding the case on exceptions.