Section R. 792.10289 - Exceptions; filing of exceptions; "good cause" defined; service of exceptions; rehearingsRule 289.
(1) A party may submit exceptions to a decision by a referee or an administrative law judge, other than a tribunal member, by filing with the tribunal and serving on the opposing parties the exceptions within 20 days after the entry of the decision. The exceptions must be signed and are limited to the evidence submitted before or otherwise admitted at the hearing and any matter addressed in the proposed opinion and judgment and demonstrate good cause as to why the decision should be adopted, modified, or a rehearing held. As used in this subrule, "good cause" means error of law, mistake of fact, fraud, or any other reason the tribunal considers sufficient and material.(2) The opposing parties may file with the tribunal and serve on all other parties a response to the exceptions within 14 days after the service of the exceptions on those parties. The response must be signed.(3) Service of the exceptions or a response must be made on the opposing parties. If an attorney or authorized representative has entered an appearance in the contested case on behalf of the opposing parties, service must be made on the attorney or authorized representative for the opposing parties.(4) The party that files exceptions or a response shall also file a proof of service or statement attesting to the service of the exceptions or response on all other parties or their attorney or authorized representative. The statement must specify who was served with the exceptions or response and the date and method by which the exceptions or response was served. If no statement attesting to the service of the exceptions or response is filed, the tribunal shall issue a notice of no action. If the statement is filed within the time period provided in the notice of no action described in R 792.10221(11), action shall be taken on the exceptions or response.(5) A rehearing, if held, shall be conducted by a tribunal member in a manner to be determined by the tribunal and may be limited to the evidence considered at the hearing.Mich. Admin. Code R. 792.10289
2013 AACS; 2015 AACS; 2023 MR 19, Eff. 9/29/2023