Section 38.176. Exceptions briefs.

(1) Within the time allowed by the act, a party shall file an original and 6 copies of the brief and of the statement of exceptions, statement of cross-exceptions, or statement in support of the preliminary decision and order.  If a party files an exception to a written ruling of the administrative law judge on a motion, the party shall file 6 copies of the motion decision and any associated pleadings.

(2)      The argument presented in a brief in support of the statement of exceptions or statement of cross-exceptions shall correspond to the statement of exceptions or cross- exceptions.

(3)     Except as permitted by order of the commission, briefs are limited to 50 double- spaced pages, exclusive of tables, indexes, appendices, and title page. Quotations and footnotes may be single-spaced. At least 1-inch margins shall be used, and printing shall not be smaller than 12-point type.

(4)     The brief shall contain, in the following order, all the following items:

(a)      A table of contents, listing the exceptions or cross-exceptions, in the order of presentation, with the numbers of the pages where the discussion of the exceptions or cross-exceptions appear in the brief.

(b)      An index of authorities, listing in alphabetical order all case authorities cited, with the complete citations including the years of decision, and all other authorities cited, with the numbers of the pages where they appear in the brief. Parallel citations of Michigan statutes are required.

(c)     A statement of facts, which shall be supported by specific page references to the record. Page references to the record shall also be given to show whether the issue was preserved for review by appropriate objection

or by other means.

(d)     The arguments, each portion of which shall be prefaced by the principal point stated in capital letters or boldface type.

(e)     The relief requested.

(f)    )  A signature.

(5)     If, on its own initiative or on a party's motion, the commission concludes that a brief does not substantially comply with the requirements in this rule, the commission may order the party who filed the brief to file a supplemental brief within a specified time correcting the deficiencies or the commission may strike the nonconforming brief.

History: 1998-2000 AACS; 2012 AACS.