Title 4 Part 212

Intervention

employer may be permitted to intervene in an improper practice charge or representation

petition. The intervenor must file with the administrative law judge one copy of a motion setting

forth the grounds for the intervention, with proof of service of such motion on all other parties.

Any party to the proceeding may file a response to the motion within five working days after its

receipt thereof, with proof of service of the response on all other parties.

certified representative of employees in a unit claimed to be appropriate by one of the parties to

the proceeding, a motion to intervene in a proceeding for certification and/or decertification shall

be supported by a showing of interest of at least 30 percent of the employees in such a unit or in

a unit alleged to be appropriate by the intervenor. The showing of interest shall comply with the

requirements specified in section 201.4 of this Chapter.

accompanied by the affirmation required by section 207.3(b) of the act.

Conference

Prior to the hearing, a designated administrative law judge shall conduct a conference on notice

to all parties. The failure of a party to appear at the conference may, in the discretion of the

administrative law judge, constitute grounds for dismissal of the absent party’s pleading and a

default determination.

Offers of proof and pre-hearing motions to dismiss

from a party on an issue(s) upon such schedule and manner as the administrative law judge shall

set.

prehearing motion to dismiss by a party and shall permit a response from the opposing parties or

parties upon such schedule and manner as the administrative law judge shall set.

whether it appears to the administrative law judge that there is a substantial question as to

whether the allegations, if true, constitute a viable legal claim or defense. Whether to request an

offer of proof or authorize a motion to dismiss shall be at the discretion of the administrative law

judge.

proof or pre-hearing motions to dismiss.

Conduct of hearings

Hearings shall be open to the public unless otherwise ordered by the administrative law judge. It

shall be the duty of the administrative law judge to inquire fully into all matters at issue and to

obtain a full and complete record.

Formal hearing

agency shall be conducted as necessary by the administrative law judge designated by the

director. At any time, an administrative law judge may be substituted by the director for the

administrative law judge previously assigned.

judge, constitute grounds for dismissal of the absent party’s pleading and a default

determination.

representative, and any party and the administrative law judge shall have the power to call and

examine witnesses, and to introduce into the record documentary and other evidence. Witnesses

shall be examined orally under oath.

administrative law judge is authorized to administer oaths and affirmations, and to exercise

discretion in regulating the course of the proceeding, including, but not limited to, sequestering

witnesses, and controlling the order and method of presentation of relevant evidence. In

exercising this discretion, the administrative law judge may require oral or written offers of

proof, and may direct the production of supporting documentary evidence as exhibits to such

offers of proof. The administrative law judge may entertain motions based upon such offers of

proof. Interlocutory appeal of a decision, ruling, or order of an administrative law judge that does

not resolve the entirety of a case shall be permissible only as provided in section 213.4 of this

Part. All such non-dispositive decisions, rulings, or orders of an administrative law judge may be

appealed to the board in exceptions pursuant to section 213.2 of this Part to a final decision

rendered by the administrative law judge.

admitted into evidence may be introduced with respect to any relevant issue.

evidence shall not be required.

copies to all other parties, unless excused by the administrative law judge.

unless expressly authorized by the board, shall not be appealed directly to the board, but shall be

considered by the board whenever the case is submitted to it for decision. Any objection to the

conduct of a hearing, including an objection to the introduction of evidence, may be oral or

written, must be accompanied by a short statement of the grounds for such objection, and shall

be included in the record. Any objection not duly taken at the hearing shall be deemed waived,

unless excused because of extraordinary circumstances.

discretion of the administrative law judge, be grounds for striking all testimony previously given

by such witness on related matters, or the basis of an adverse inference on the subject of the

question.

day or to a later day or another place, by announcement thereof at the hearing or by other

appropriate notice.

judge may dismiss a charge, on the ground that the alleged violation occurred more than four

months prior to the filing of the charge, but only if the failure of timeliness was first revealed

during the hearing. An objection to the timeliness of the charge, if not duly raised, shall be

deemed waived.

Oral summations and briefs

opportunity to present oral summations setting forth proposed findings of fact and conclusions of

law to the administrative law judge.

requested by a party or where warranted by the nature of the proceeding or particular issues

therein. Any such brief shall set forth proposed findings of fact and conclusions of law, and shall

be accompanied by proof of service upon all other parties. Reply or supplemental briefs,

however denominated, will not be permitted without prior request to and approval by the

administrative law judge. Such requests will not be approved unless the opponent’s brief

properly raises issues for the first time which are material to the disposition of the matter.

Decision and order

Upon completion of a proceeding, the administrative law judge shall issue a decision and order,

ruling or report and recommendations as appropriate to the proceeding.

Recusal

be appropriate.

requesting that the administrative law judge recuse themselves from further participation in that

case. A motion for recusal shall be made as soon as reasonably possible after the basis for such

motion becomes known to the party making it. Unless made at hearing, such motion shall be

filed with the administrative law judge with proof of service of a copy upon all other parties and

shall set forth all the known grounds for the motion. Unless such motion is made at a hearing,

any party may file a response to such motion within five working days of its receipt of a copy

thereof, with proof of service of a copy of the response on all other parties, unless otherwise

directed by the administrative law judge.

as the administrative law judge shall direct. The administrative law judge’s ruling on the motion

shall be made either in writing or on the record at the hearing. The ruling, the recusal motion

and any response shall be part of the record of the proceeding.