(4) The party initiating a petition for arbitration shall file with the petition all
information upon which it intends to rely to support its position.
(5) Within 25 days of the filing date, the party responding to the petition for
arbitration shall file a response. The response shall include all information upon
which that party intends to rely. A party responding to a petition may raise issues not
included in the petition.
(6) By stipulation signed by all parties, the petition for arbitration may be amended
to restate the information described in subrule (2) of this rule.
History: 2011 AACS.
R 484.704 Designation of arbitration panel or arbitrator.
Rule 4. (1) Arbitrations may be conducted by a single arbitrator or a panel.
(2) If a panel is used, it shall consist of 1 or more members of the commission's
staff to be appointed by the director of the telecommunications division and the
director of the regulatory affairs division, and 1 administrative law judge appointed
by the administrative law manager assigned to the commission. If a non-staff arbitrator is
appointed, it shall be with the concurrence of the parties and may be a person employed
by, or contracted with, the state of Michigan, or may be a non-employee contractor, who
shall be engaged and compensated by the parties.
(3) The administrative law judge or person performing the duties of the
administrative law judge shall chair the panel, issue any communications to the parties,
and rule on procedural matters.
(4) The administrative law judge or person performing the duties of the
administrative law judge shall send a letter to each party to the arbitration containing a
schedule for the proceedings.
History: 2011 AACS.
R 484.705 Information for the panel or arbitrator; arbitration proceedings.
Rule 5. (1) The arbitration shall not be patterned after a contested case proceeding,
but rather shall be designed to inform the panel or arbitrator regarding the positions of
the respective parties. As a result, the parties to the negotiations shall be the only parties
to the arbitration.
(2) There is no right to conduct discovery, although either party may request that
the panel or arbitrator order the production of additional information from the
(3) The panel or arbitrator shall exercise discretion in determining whether the
parties shall provide additional information or make live presentations. Any
questioning shall be conducted by the panel or arbitrator rather than the parties.
(4) The parties shall be present for the arbitration proceedings and shall provide the
panel or arbitrator with additional information as requested.
(5) Failure of a party to provide the required information or attend the arbitration
proceedings may result in a default or a dismissal of the proceeding.