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DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS MICHIGAN ADMINISTRATVIE HEARING SYSTEM MICHGAN COMPENSATION APPELLATE COMMISSION
Filed with the Secretary of State on December 21, 2012
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 executive director of the Michigan administrative hearing system under 1936 PA 1 (Ex. Sess.), MCL 421.36, and Executive Reorganization Order Nos. 1996-2, 2003-1, 2011-4, and 2011-6, MCL 445.2001, 445.2011, 445.2030, and 445.2032)
R 421.1309 of the Michigan Administrative Code is amended as follows: PART 3. APPEALS TO APPELLATE COMMISSION
R 421.1309 Transfer of proceeding pending before administrative law judge.
Rule 309. (1) A party to a proceeding pending before an administrative law judge may file an application to the Michigan compensation appellate commission (mcac) for either of the following:
(a) Transfer of the proceeding to the mcac.
(b) Transfer of the proceeding to another administrative law judge.
(2) A party may file 2 regular applications for transfer. The application shall be filed at least 3 business days before the next scheduled hearing. An application received after business hours shall be considered filed the next business day.
(3) A party may also file a delayed application for transfer. A delayed application may be filed less than 3 business days before the next scheduled hearing. A delayed application shall include a motion. The mcac may grant the motion for sufficient cause shown, that establishes both of the following:
(a) That circumstances leading to the delay were beyond the control of the applicant.
(b) That to hold the hearing would violate due process.
(4) A party may also file an extenuating circumstances application for transfer. An extenuating circumstances application may be filed after a party has filed 2 or more applications, in any combinations of subrule (2), (3), or (4) of this rule. An extenuating circumstances application shall include a motion. The mcac may grant the motion for sufficient cause shown that establishes both of the following:
(a) That suspending the proceedings will not create undue hardship for the opposing party.
(b) That holding the hearing would violate due process.
(5) As soon as practicable, the mcac shall notify the administrative law judge of 1 of the following:
(a) That a regular application for transfer is pending.
(b) That a motion for delayed application is granted.
(c) That a motion for extenuating circumstances application is granted.
(6) Upon notification under subrule (5) of this rule, the administrative law judge shall immediately issue an order suspending any further proceedings before him or her that involve the pending application.
(7) Upon its own motion, or in response to an application under subrule (2), (3), or (4), the mcac shall determine whether sufficient cause exists to transfer the proceeding.
