5 PROPOSED ADMINISTRATIVE RULES

 

SOAHR 2006-049

 

DEPARTMENT OF CONSUMER AND INDUSTRY SERVICES LABOR AND ECONOMIC GROWTH

 

WORKER'S COMPENSATION BOARD OF MAGISTRATES GENERAL RULES

Filed with the Secretary of State on

 

These rules become effective immediately upon filing with the Secretary of State unless adopted under sections 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.

 

Draft August 10, 2006

 

(By authority conferred on the director of the department of labor and economic growth by section 213 of 1969 PA 317, and Executive Reorganization Orders No.1996-2, 2002-1, and 2003-1, MCL 418.213, MCL 445.2001, MCL 445.2004, MCL 445.2011 of the Michigan Compiled Laws)

 

R 418.56 of the Michigan Administrative Code is amended as follows:

 

R 418.56  Subpoena; provision to opposing party; submittal of subpoenaed records; disputes.

Rule 6. A copy of a subpoena issued in accordance with section 853 of Act 317 of Public Acts of 1969, as amended, being §418.853 of the Michigan Compiled Laws, shall be provided to an opposing party  upon issuance. All subpoenaed records shall be submitted to the board of magistrates. (1) A subpoena shall be on an agency approved form and include all of the following:

(a)   The party requesting a subpoena shall certify that the matter about which the subpoena is requested is pending before the agency.

(b)   A subpoena shall be fully completed before submission to a magistrate for signing.

(c)   The return date indicated on the subpoena shall provide a reasonable time for compliance.

(d)   Magistrates may sign a subpoena for a case that is assigned to another magistrate.

(2)   A copy of a subpoena issued by a magistrate in accordance with MCL 418.853 shall be provided to all parties, or their legal counsel, at the time of issuance.

(3)   The party for whom a subpoena is issued shall immediately do 1 of the following:

(a)   Provide a complete copy of the records to all parties when received.

(b)   Make the records reasonably available for copying when received.

(4)   All subpoenaed records shall be returned directly to the party requesting the records.

(5)   Only those records admitted into evidence by a magistrate at a hearing shall be placed in the agency file or maintained by the agency.

(6)   Any dispute arising under this rule shall be brought by motion before the assigned magistrate and shall have a copy of the subpoena attached. A copy of the motion and the subpoena shall be served on all parties, or their counsel, and proof of service filed with the agency.