Section 792.11423. Written argument; reply; deadlines; consideration; agreement; application for oral argument or additional evidence not deemed written argument; amicus briefs.

Rule 11423. (1) A party may apply to the Michigan compensation appellate commission for permission to submit written argument. The application shall be in writing and shall set forth the reasons for requesting written argument.

(2)   The application must be received by the Michigan compensation appellate commission within 14 days after the mailed date of the notice of the receipt of appeal. The application must be served on all other parties at the time the application is filed with the Michigan compensation appellate commission.

(3)   The application for written argument shall be granted or denied, subject to subrule     (4) of this rule. To be granted, the application shall be approved by 2 members of the Michigan compensation appellate commission panel assigned to review the application.

(4)     The Michigan compensation appellate commission may consider a party’s written argument only if any of the following conditions exist:

(a)    All parties are represented by an attorney or other agent of record.

(b)     All parties agree that the Michigan compensation appellate commission may consider written argument. The agreement must be in writing, signed by each party, and received by the Michigan compensation appellate commission not later than 14 days after the mailed date of the notice of receipt of appeal.

(c)    The Michigan compensation appellate commission orders oral argument before it.

(d)    The Michigan compensation appellate commission orders evidence produced before it.

(5)   A reply, if any, to another party’s timely written argument, together with a statement of service of a copy on each other party, shall be received by the Michigan compensation appellate commission not later than14 days after the mailed date of the other party’s written argument.

(6)     An extension of time  for the filing  of written argument may  be permitted by  the Michigan compensation appellate commission at its discretion and of warranted by the circumstances.

(7)   A party’s application to the Michigan compensation appellate commission for either oral argument or additional evidence shall not be deemed a written argument within the meaning of this rule.

(8)    When the parties are permitted to submit written argument pursuant to this rule and section 34 of the act, MCL 421.34, the Michigan compensation appellate commission may consider requests for permission to submit an amicus brief from persons or organizations that are not parties to the matter before the Michigan compensation appellate commission. If the Michigan compensation appellate commission, in its discretion, grants such a request, all parties shall be notified  and the brief shall be submitted  to the Michigan  compensation appellate commission, together with a statement of service of a copy of the brief on each of the parties.

History: 2015 AACS.