Section R. 423.135 - Fact finder selectionRule 135.
(1) The commission shall establish and appoint a panel of fact finders to be known as the Michigan employment relations commission panel of fact finders. Panel members shall be appointed for indefinite terms, and shall be impartial, competent, and reputable citizens of the United States and residents of the state. The commission may at any time appoint additional members to the panel of fact finders and may remove existing members with or without cause.(2) If a commission-nominated fact finder is an advocate as defined in R 423.131, either party may notify the other party and ask the commission to delete the fact finder's name from the list of nominees and provide the parties with the name of a fact finder who is not an advocate. The commission shall provide the parties with another fact finder's name and resume. If, within 10 days, a fact finder is not selected from the list to which there has been no objection, then the commission may select a fact finder.(3) The parties may mutually agree upon the selection of a fact finder from the commission's panel of fact finders or a fact finder who is eligible for membership on that panel and notify the commission of their selection when the petition is filed.(4) A fact finder's resume shall include all of the following information: (a) A brief summary of the fact finder's educational and professional background.(b) A list of the fact finder's past 5 years of employment.(c) A list of the fact finder's commission arbitration awards and fact finding reports.(d) A list that shows the percentage of advocacy work, if any, which was performed by the fact finder and the fact finder's firm on an annual basis for the past 5 years.(5) The commission or bureau director may determine after consultation with the parties that it is appropriate to appoint the same fact finder to hear more than 1 fact finding petition involving that same employer.(6) If it appears that there is undue delay in the fact finder selection process or there is a delay for reasons the commission considers inappropriate, the commission or bureau director may appoint a fact finder on its own motion.(7) The commission or bureau director may make administrative decisions related to the appointment of a fact finder.Mich. Admin. Code R. 423.135