-
ORR # 1996-033
DEPARTMENT OF CONSUMER AND INDUSTRY SERVICES DIRECTORS OFFICE
EMPLOYMENT SECURITY BOARD OF REVIEW
Filed with the Secretary of State on September 12, 2002.
These rules take effect 7 days after filing with the Secretary of State
(By authority conferred on the director of the department of consumer and industry services by section 36(1) of 1936 PA 1, MCL 421.36, and Executive Reorganization Order No. 1996-2, MCL 445.2001)
R 421.1101, R 421.1103, R 421.1110, R 421.1111, R 421.1203, R 421.1208, R 421.1304, R 421.1305,
and R 421.1307 of the Michigan Administrative Code are amended as follows:
PART 1. GENERAL PROVISIONS
R 421.1101 Definitions.
Rule 101. As used in these rules:
(a) “Act” means 1936 Extra Session PA 1, MCL 421.1 et seq.
(b) “Agent office” means an unemployment insurance office outside the state of Michigan serving as agent of the bureau.
(c) “Board of review” means the Michigan employment security board of review.
(d) “Bureau” and “commission” both mean the bureau of workers’ & unemployment compensation.
(e) Unless the context otherwise requires, the word “party” means the bureau, the employing unit, and the claimant, and includes an agent or attorney of the bureau, the employing unit, or the claimant.
R 421.1103 Principal office of commission and board; location.
Rule 103. (1) For unemployment compensation purposes, the principal office of the Bureau of Workers’ & Unemployment Compensation is Cadillac Place, 3024 W. Grand Blvd, Detroit, Michigan 48202.
(2) The principal office of the Michigan Employment Security Board of Review is 105 West Allegan, Lansing, Michigan 48909.
R 421.1110 Employer or claimant fraud; hearing procedure.
Rule 110. (1) A hearing of employer or claimant fraud under section 54, 54a, 54b, 54c, OR 62(b), (c), or (d) of the act shall be preceded by a written notice of the penalties and issues involved.
(2) Where one party, including the bureau, has documentary evidence or witnesses concerning another party’s alleged fraud, the party shall make a witness list and the documentary evidence available to the other party or parties not less than 10 days before a fraud hearing.
R 421.1111 Decisions of board and courts; subject matter index; copies.
Rule 111. Copies of Michigan court decisions involving the act where the bureau is a party shall be kept on file by the bureau at Cadillac Place, 3024 W. Grand Blvd., Detroit, Michigan 48202. To the extent practicable, the board of review shall maintain a digest, indexed by subject, of selected board of review and related court decisions. The subject matter index and copies of the decisions shall be available to the public for reference purposes.
PART 2. APPEALS TO REFEREES
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 a referee, and a short and plain statement of the issues involved, shall be mailed to, or personally served upon, each party by mail or personal service not less than 10 days before the date of the hearing.
(2) The notice shall be deemed mailed on its date of mailing.
(3) When 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 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, 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) 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 party to the hearing shall submit any documents he or she intends to introduce at the hearing to the other parties and to the referee in time to ensure the documents are received before the date of the scheduled hearing. All documents submitted to the referee shall be identified on the record.
(3) If a hearing is conducted by conference telephone, the referee shall, on the record, make inquiries that the referee deems 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.
PART 3. APPEALS TO BOARD OF REVIEW
R 421.1304 Oral argument; application; reasons.
Rule 304.(1) Oral argument to the board of review shall be by permission only.
(2) If a party wishes to apply for permission to make an oral argument to the board of review, the party shall make a request, in writing, setting forth the reasons for requesting permission for oral argument.
(3) Reasons for requesting oral argument include, but are not limited to, any of the following:
(a) The appeal involves an issue on which the law is unsettled or unclear.
(b) The appeal involves an issue of major precedential value.
(c) The record made by the referee is so lengthy that oral argument will be of special assistance to the board in reviewing the record.
(d) Unusual complexities affecting the referee’s decision were present at any stage of the proceedings.
(e) The referee’s decision departed from established legal precedent.
(4) To be timely, the application shall be received by the board of review not later than 20 days after the mailing date of the referee hearing transcript, unless a reason constituting good cause is given.
(5) To be granted, the application shall be approved by 2 members of the board of review panel assigned to review the appeal.
(6) The board of review may consider oral argument presented by conference telephone.
R 421.1305 Presentation of additional evidence; application.
Rule 305. (1) Presentation of additional evidence to the board of review shall be by permission of the board of review only.
(2) If a party wishes to apply to the board of review for permission to present additional evidence, he or she shall make an application in writing setting forth his or her reasons for applying for permission.
(3) To be timely, the application shall be received by the board of review not later than 20 days after the mailing date of the referee hearing transcript, unless a reason constituting good cause is given.
(4) To be granted, the application shall be approved by 2 members of the board of review panel assigned to review the appeal.
R 421.1307 Written argument; reply; deadlines; consideration; agreement; application for oral argument or additional evidence not deemed written argument; amicus briefs.
Rule 307. (1) A party’s written argument, if any, together with a statement of service of a copy on each other party, shall be received by the board of review not later than 20 days after the mailing date of the referee hearing transcript. However, if an oral hearing is directed, written argument may be presented at any time at or before the oral hearing.
(2) A reply, if any, to another party’s timely written argument, together with a statement of service of a copy on each other party, shall be received by the board of review not later than 20 days after the mailing date of the other party’s written argument.
(3) An extension of time for the filing of written argument may be permitted by the board if warranted by the circumstances.
(4) The board of review may consider a party’s written argument only if any of the following conditions exist:
(a) All parties are represented by an attorney or other agent of record.
(b) All parties agree that the board may consider written argument.
(c) The board orders oral argument before it.
(d) The board orders evidence produced before it.
(5) As to subrule (4)(b) of this rule, the agreement shall be signed by each party and received by the board of review not later than 20 days after the mailing date of the referee hearing transcript.
(6) A party’s application to the board of review for either oral argument or additional evidence shall not be deemed a written argument within the meaning of this rule.
(7) When the parties are permitted to submit written argument pursuant to this rule and section 34 of the act, the board of review may consider requests for permission to submit an amicus brief from persons or organizations that are not parties to the matter before the board. If the board, in its discretion, grants such a request, all parties
shall be notified and the brief shall thereafter be submitted to the board, together with a statement of service of a copy on each of the parties.
