16 PROPOSED ADMINISTRATIVE RULES

 

DEPARTMENT OF LABOR & ECONOMIC GROWTH

 

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS

 

DIRECTOR’S OFFICE

 

EMPLOYMENT SECURITY BOARD OF REVIEW

 

MICHIGAN ADMINISTRATIVE HEARING SYSTEM

 

Proposed Draft September 24, 2012 Filed with the Secretary of State on

These rules become effective immediately upon filing with the Secretary of State unless adopted under section 33, 44, or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.

 

(By authority conferred on the director of the department of labor and economic growth licensing and regulatory affairs by section 34 of 1936 (Ex. Sess.) PA 1, MCL 421.34, and Executive Reorganization Order Nos. 1996-2, and 2003-1, 2011-4, and 2011-6, being MCL 421.36(1), MCL 445.2001, and

445.2011, 445.2030, and 445.2032).

 

R 421.1203 and R 421.1208 of the Michigan Administrative Code are amended as follows: PART 2. APPEALS TO REFEREES AN ADMINISTRATIVE LAW JUDGE

R 421.1203 Notice of hearing.

Rule 203. (1) Except as required by subrule (4) of this rule, notice of the time and place of any hearing before an administrative law judge a referee, and a short and plain statement of the issues involved, shall be mailed to, or personally served upon, the parties each party by mail or personal service not less than 7 10 days before the date of the hearing.

(2)   The notice shall be deemed considered mailed on its date of mailing.

(3)   When an administrative law judge a referee adjourns a hearing for which notice has been given, notice to the parties of the new hearing date may be given orally if the new hearing date is within 7 10 days of the old hearing date.  Otherwise, the new notice shall be mailed.

(4)   When a hearing involves employer or claimant fraud under section 54, 54a, 54b, 54c, or 62(b), (c), or (d) of the act, the notice of hearing shall be mailed to, or personally served upon, the parties each party by mail or personal service not less than 20 days before the date of the hearing.

 

R 421.1208 Hearing location; telephone hearing.

Rule 208. (1) All hearings held before an administrative law judge shall be conducted by telephone, unless otherwise directed by the executive director of the Michigan administrative hearing system or his or her designee(s).  A referee, in his or her discretion, may order that the

 

 

testimony of parties and witnesses be taken by conference telephone or at a place or places of hearing convenient to the parties and witnesses.

(2)  If a divided hearing or telephone hearing procedure is used, a A party to the hearing shall submit any documents he or she intends to introduce at the hearing to the other parties and to the administrative law judge referee in time to ensure the documents are received before the date of the scheduled hearing.  All documents submitted to the administrative law judge referee shall be identified on the record.  The documents shall not be considered evidence on the record unless offered and admitted during the course of the hearing.

(3)  If a hearing is conducted by conference telephone, the administrative law judge referee shall, on the record, make inquiries that the administrative law judge referee deems considers appropriate to ascertain the identity of the individuals participating by telephone.

(4) The referee may, on the referee’s motion or on the motion of a party, adjourn any divided hearing or telephone hearing in progress if, in the referee’s opinion, conducting the hearing in that manner is unsatisfactory.