Section R. 423.194 - Hearing on whether an individual employee participated in a strikeRule 194.
(1) The commission shall convene a hearing within 15 days after the commission receives the answer and affidavit from the public school employee, in accordance with notice requirements in R 423.193(4). At the hearing, the parties shall be given the opportunity to present evidence of their claims and defenses.(2) The initiating party is entitled to notice of the proceeding and may appear to offer evidence that the public school employee abstained in whole or in part from the full performance of his or her normal duties without permission on a date when a strike occurred.(3) Whether or not the public school employer or the superintendent of public instruction is the initiating party, the public school employer and superintendent of public instruction are entitled to notice of the proceeding and may appear to offer evidence.(4) The employee alleged to have been on strike has the burden of proof.(5) The hearing shall be conducted before the commission, a commissioner, or an administrative law judge designated by the commission. If the hearing is conducted by a commissioner or administrative law judge, he or she shall have the powers and duties set forth in R 423.172. If the hearing is conducted by the commission, the commissions powers shall include the powers in R 423.172. The hearing shall be open to the public unless otherwise ordered by the commission, a commissioner, or an administrative law judge for good cause shown. The record of any hearing or proceeding shall be taken as prescribed in R 423.171(8).(6) 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.(7) A party may introduce stipulations of fact into evidence at a hearing with respect to any issue at the discretion of the commission, a commissioner, or an administrative law judge.(8) An objection to the conduct of a hearing, including an objection to introduction of evidence, may be oral or written; shall be accompanied by a short statement of the grounds for the objection; and, shall be included in the record.(9) Witnesses subpoenaed before the commission, a commissioner, or an administrative law judge, shall be paid the same fees and mileage that are paid to witnesses in the circuit courts of this state. This payment shall be made by the party at whose request the witness appears and shall be tendered before the time that the witness testifies.(10) Except as authorized by law, the commission, a commissioner, 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. If an ex parte communication is made or received, it shall be placed 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.(11) 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.(12) A party is entitled upon request to a reasonable period at the close of the hearing for oral argument, which shall be made part of the record. The commission, a commissioner, or administrative law judge may direct the filing of briefs when the filing is, in the opinion of the commission, a commissioner, or administrative law judge, warranted by the nature of the proceedings or the particular issues involved. The commission, a commissioner, or administrative law judge may fix a reasonable time for the filing.(13) If a commissioner or administrative law judge who is designated to conduct a hearing becomes unavailable after the hearing has been opened or concluded, the commission or an agent designated by the commission may transfer the case to another commissioner or administrative law judge for further hearing or issuance of the decision and recommended order, or both, on the record as made.(14) The commissioner or administrative law judge shall prepare a decision and recommended order setting forth findings of fact, conclusions of law, and the reasons for his or her determination on all material issues. The decision and recommended order shall be based on the record of the hearing.Mich. Admin. Code R. 423.194
2002 AACS; 2017 MR 14, Eff. 7/27/2017