Michigan Administrative Code › Department - Labor and Economic Opportunity › Bureau of Employment Relations › Employment Relations Commission General Rules › Part 8 - FILING, SERVICE, RENTENTION, AND DISPOSAL OF DOCUMENTS › Section R. 423.182 - Service of documents and other pleadings

Current through Vol. 24-12, July 15, 2024
Rule 182.
(1)
				  Service on any party or parties of any document authorized or required by LMA,
				  PERA, or these rules, except service required by section 9 of LMA, may be
				  effected by hand delivery, registered, certified or regular mail, private
				  delivery service, or by leaving a copy at the principal office or place of
				  business of the person required to be served, or by any other means
				  specifically authorized by the commission or an administrative law judge
				  designated by the commission. Service required by section 9 of LMA shall be
				  made as prescribed therein.
(2)
				  Where service of any document or pleading, other than an unfair labor practice
				  charge filed under
				  R
				  423.151, is effected by mail or private delivery
				  service, the date of service is the date of deposit with the United States post
				  office or other carrier. For service of an unfair labor practice charge filed
				  under
				  R
				  423.151, or where service of any document or pleading
				  is effected by hand, by facsimile transmission, or by any other method
				  authorized by these rules, the date of service is the date of
				  receipt.
(3) The person or party
				  serving the papers or process on other parties under this rule shall submit a
				  written statement of service with the commission or assigned administrative law
				  judge designated by the commission stating the names of the parties served and
				  the date and manner of service. The statement of service may be included at the
				  end of the document at filing. Failure to timely file a statement of service
				  will not affect the validity of service.
(4) If, subsequent to the receipt of the
				  statement of service, a question is raised with respect to proper service, then
				  the person or party serving the papers or process on other parties in
				  conformance with this rule shall submit a proof of service. When service is
				  made by registered or certified mail, the return post office receipt shall be
				  proof of service. When service is made by private delivery service, the receipt
				  from that service showing delivery shall be proof of service. When service is
				  made in any other manner authorized by these rules, verified proof of service
				  shall be made by oath or affirmation of the person or party serving the papers
				  or process. Disputes with respect to proper service will be resolved by the
				  commission or administrative law judge designated by the commission.
(5) The commission or administrative law
				  judge designated by the commission may decline to consider any document or
				  pleading not served in accordance with these rules. The commission or
				  administrative law judge designated by the commission shall decline to consider
				  any unfair labor practice charge filed under
				  R
				  423.151 that is not served within the applicable
				  period of limitations.