Section 2.26. Briefs.  


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  • (1)
    (a) Parties shall indicate on the record after the close of testimony whether they desire to file briefs. The party or parties having the affirmative shall file affirmative briefs within the time set by the administrative law judge. Other parties shall file reply briefs within the time set by the administrative law judge, which may be replied to as provided by the administrative law judge.
    (b) Where a party having the affirmative does not desire to file a brief but another desires to do so, the administrative law judge shall specify the time and order for filing briefs. If the administrative law judge makes no specific designation as to the time and order for filing briefs where the party having the affirmative does not desire to file a brief, all other briefs shall be filed within 15 days after date of mailing of transcript.
    (c) If not specifically covered by this rule, the time and order for filing briefs shall be fixed by the administrative law judge.
    (2)  Five legible, dated copies of all briefs shall be filed with the commission together with a certification showing when and upon whom copies have been served. Briefs which contain a summary of evidence or facts relied upon shall include also reference to specific pages of the record containing the evidence.
    (3)  The filing of briefs in less time than allowed shall not change the due dates of remaining briefs.
    (4)  Notwithstanding sub. (1) , the commission may provide for oral argument in lieu of briefs under exigent circumstances. Nothing in this section prohibits the commission from requesting oral arguments in addition to briefs.