reglab/statecodes huggingface dataset:
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 11 - OCCUPATIONAL SAFETY AND HEALTH › Subpart C - VARIANCE HEARINGS › Section R. 792.11117 - Consent findings and orders

Current through Vol. 24-12, July 15, 2024
Rule 1117.
(1)
					 At any time before the hearing or before the reception of evidence in a
					 hearing, or during a hearing, the administrative law judge may afford a
					 reasonable opportunity may be afforded to permit negotiation by the parties of
					 an agreement containing consent findings and an order disposing of the whole or
					 a part of the proceeding. The allowance of this opportunity and its duration
					 shall be in the discretion of the administrative law judge, after considering
					 the nature of the proceeding, the representations of the parties, and the
					 probability of an agreement which would result in a just disposition of the
					 issues involved.
(2) An agreement
					 containing consent findings and an order disposing of a proceeding shall
					 provide all of the following:
(a) The consent
					 finding and order shall have the same force and effect as if made after a full
					 hearing.
(b) The record on which an
					 order may be based shall consist solely of the application and the
					 agreement.
(c) A waiver of any
					 further procedural steps before the administrative law judge and the
					 director.
(d) A waiver of any right
					 to challenge or contest the validity of the consent findings and order made
					 pursuant to the agreement.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 11 - OCCUPATIONAL SAFETY AND HEALTH › Subpart C - VARIANCE HEARINGS › Section R. 792.11118 - Proposed decision of administrative law judge; service; contents; exception; inoperative while on referral; filing proposed order

Current through Vol. 24-12, July 15, 2024
Rule 1118.
(1)
					 Within 10 days of the conclusion of a hearing or within 5 days of the receipt
					 of the transcript, if any, or such additional time as allowed by the
					 administrative law judge, each party may file with the administrative law judge
					 a proposed order, including proposed findings of fact and conclusions of law,
					 with such supporting argument and reasoning as are necessary to support the
					 proposed order.
(2) Within 30 days
					 of the conclusion of a hearing or receipt of the transcript, if any, the
					 administrative law judge shall serve upon parties a proposed decision that
					 includes both of the following:
(a) A
					 statement of the reasons for the proposed decision.
(b) Issues of fact and law necessary for the
					 proposed decision.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 12 - WAGE AND FRINGE BENEFIT HEARINGS › Section R. 792.11201 - Scope

Current through Vol. 24-12, July 15, 2024
Rule 1201. The rules in this part govern proceedings before
					 an administrative law judge under 1978 PA 390, MCL
					 408.471 to
					 408.490, or the paid medical
					 leave act, 2018 PA 338, MCL
					 408.961 to
					 408.974.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 12 - WAGE AND FRINGE BENEFIT HEARINGS › Section R. 792.11202 - Definitions

Current through Vol. 24-12, July 15, 2024
Rule 1202. As used in this part:
(a) "Appeal" means request for
				  review.
(b) "Appellant" means a
				  party who files an appeal.
(c)
				  "Department" means the department of licensing and regulatory
				  affairs.
(d) "Determination order"
				  means the written determination of the merits of a complaint, including
				  violation citations, notices of violation, penalty assessments, and exemplary
				  damage assessments, if any, issued by the department to an employee or employer
				  pursuant to a complaint.
(e)
				  "Director" means the director of the department.
(f) "Party" means a person admitted to
				  participate in the hearing conducted pursuant to these rules. The employee,
				  employer, and the department are parties to a proceeding before an
				  administrative law judge brought under 1978 PA 390, MCL
				  408.471 to
				  408.490, or the paid medical
				  leave act, 2018 PA 338, MCL
				  408.961 to
				  408.974.
(g) "Representative" means a person
				  authorized by a party to represent that party in a proceeding.
(h) "Wage and hour program" means the agency
				  within the department that is delegated the responsibility of investigating
				  claims, issuing determination orders, issuing notices of violation, and
				  representing the department in hearings held under 1978 PA 390, MCL
				  408.471 to
				  408.490, or the paid medical
				  leave act, 2018 PA 338, MCL
				  408.961 to
				  408.974.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 12 - WAGE AND FRINGE BENEFIT HEARINGS › Section R. 792.11203 - Settlement agreements

Current through Vol. 24-12, July 15, 2024
Rule 1203.
(1)
				  Settlement agreements are encouraged at any stage of the proceedings.
(2) A settlement agreement shall be submitted
				  by the parties in writing or orally on the record and it shall be followed by
				  an order from the administrative law judge acknowledging the settlement and
				  closing the case.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 12 - WAGE AND FRINGE BENEFIT HEARINGS › Section R. 792.11204 - Filing of documents

Current through Vol. 24-12, July 15, 2024
Rule 1204.
(1) The
				  filing of a document, with the exception of an appeal, is effective at the time
				  of mailing. The mailing date is presumed to be the postmark date appearing on
				  the envelope if postage was prepaid and the envelope was properly
				  addressed.
(2) An appeal from a
				  determination order or notice of violation must be filed with the wage hour
				  program and must be received within 14 days after the date of mailing of the
				  determination or notice of violation.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 12 - WAGE AND FRINGE BENEFIT HEARINGS › Section R. 792.11205 - Late appeal; showing of good cause; hearing; determination order final

Current through Vol. 24-12, July 15, 2024
Rule 1205.
(1) Any
				  appeal received by the department more than 14 days after the determination
				  order or notice of violation is issued must be immediately transmitted, along
				  with the employee claim and the determination order or notice of violation, to
				  the hearing system.
(2) Upon
				  receipt of a late appeal under this rule, the administrative law judge shall
				  issue an order directing the appealing party to show good cause why the late
				  appeal should not be dismissed and the determination order or notice of
				  violation made final. If the administrative law judge finds good cause for the
				  late appeal, the case proceeds to hearing. Absent such a finding, the
				  determination order is held final.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 12 - WAGE AND FRINGE BENEFIT HEARINGS › Section R. 792.11206 - Notice of prehearing conference or hearing

Current through Vol. 24-12, July 15, 2024
Rule 1206. Notice of prehearing conference or hearing shall
					 be given to the parties in writing not less than 14 days in advance of the
					 scheduled date, except under exceptional circumstances or by agreement of the
					 parties.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 12 - WAGE AND FRINGE BENEFIT HEARINGS › Section R. 792.11207 - Burden of proof

Current through Vol. 24-12, July 15, 2024
Rule 1207. An appellant shall have the burden of proving
					 those matters upon which the appeal is based.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 12 - WAGE AND FRINGE BENEFIT HEARINGS › Section R. 792.11208 - Decision or order

Current through Vol. 24-12, July 15, 2024
Rule 1208. An administrative law judge shall issue a
					 written decision or order within 30 days after the closing of the record of the
					 proceedings.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 12 - WAGE AND FRINGE BENEFIT HEARINGS › Section R. 792.11209 - Representation at hearing

Current through Vol. 24-12, July 15, 2024
Rule 1209. A party may be represented at a hearing and
					 before the hearing system by an attorney or authorized representative of the
					 party's own choosing and at the party's own expense.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 13 - WORKERS' COMPENSATION HEARINGS AND APPEALS (RESCINDED) › Subpart A - WORKERS' COMPENSATION BOARD OF MAGISTRATES (RESCINDED) › Section R. 792.11301 - Rescinded

Current through Vol. 24-12, July 15, 2024
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 13 - WORKERS' COMPENSATION HEARINGS AND APPEALS (RESCINDED) › Subpart A - WORKERS' COMPENSATION BOARD OF MAGISTRATES (RESCINDED) › Section R. 792.11302 - Rescinded

Current through Vol. 24-12, July 15, 2024
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 13 - WORKERS' COMPENSATION HEARINGS AND APPEALS (RESCINDED) › Subpart A - WORKERS' COMPENSATION BOARD OF MAGISTRATES (RESCINDED) › Section R. 792.11303 - Rescinded

Current through Vol. 24-12, July 15, 2024
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 13 - WORKERS' COMPENSATION HEARINGS AND APPEALS (RESCINDED) › Subpart A - WORKERS' COMPENSATION BOARD OF MAGISTRATES (RESCINDED) › Section R. 792.11304 - Rescinded

Current through Vol. 24-12, July 15, 2024
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 13 - WORKERS' COMPENSATION HEARINGS AND APPEALS (RESCINDED) › Subpart A - WORKERS' COMPENSATION BOARD OF MAGISTRATES (RESCINDED) › Section R. 792.11305 - Rescinded

Current through Vol. 24-12, July 15, 2024
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 13 - WORKERS' COMPENSATION HEARINGS AND APPEALS (RESCINDED) › Subpart A - WORKERS' COMPENSATION BOARD OF MAGISTRATES (RESCINDED) › Section R. 792.11306 - Rescinded

Current through Vol. 24-12, July 15, 2024
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 13 - WORKERS' COMPENSATION HEARINGS AND APPEALS (RESCINDED) › Subpart A - WORKERS' COMPENSATION BOARD OF MAGISTRATES (RESCINDED) › Section R. 792.11307 - Rescinded

Current through Vol. 24-12, July 15, 2024
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 13 - WORKERS' COMPENSATION HEARINGS AND APPEALS (RESCINDED) › Subpart A - WORKERS' COMPENSATION BOARD OF MAGISTRATES (RESCINDED) › Section R. 792.11309 - Rescinded

Current through Vol. 24-12, July 15, 2024
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 13 - WORKERS' COMPENSATION HEARINGS AND APPEALS (RESCINDED) › Subpart A - WORKERS' COMPENSATION BOARD OF MAGISTRATES (RESCINDED) › Section R. 792.11310 - Rescinded

Current through Vol. 24-12, July 15, 2024
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 13 - WORKERS' COMPENSATION HEARINGS AND APPEALS (RESCINDED) › Subpart A - WORKERS' COMPENSATION BOARD OF MAGISTRATES (RESCINDED) › Section R. 792.11311 - Rescinded

Current through Vol. 24-12, July 15, 2024
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 13 - WORKERS' COMPENSATION HEARINGS AND APPEALS (RESCINDED) › Subpart A - WORKERS' COMPENSATION BOARD OF MAGISTRATES (RESCINDED) › Section R. 792.11312 - Rescinded

Current through Vol. 24-12, July 15, 2024
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 13 - WORKERS' COMPENSATION HEARINGS AND APPEALS (RESCINDED) › Subpart A - WORKERS' COMPENSATION BOARD OF MAGISTRATES (RESCINDED) › Section R. 792.11313 - Rescinded

Current through Vol. 24-12, July 15, 2024
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 13 - WORKERS' COMPENSATION HEARINGS AND APPEALS (RESCINDED) › Subpart B - MICHIGAN COMPENSATION APPELLATE COMMISSION (RESCINDED) › Section R. 792.11314 - Rescinded

Current through Vol. 24-12, July 15, 2024
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 13 - WORKERS' COMPENSATION HEARINGS AND APPEALS (RESCINDED) › Subpart B - MICHIGAN COMPENSATION APPELLATE COMMISSION (RESCINDED) › Section R. 792.11315 - Rescinded

Current through Vol. 24-12, July 15, 2024
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 13 - WORKERS' COMPENSATION HEARINGS AND APPEALS (RESCINDED) › Subpart B - MICHIGAN COMPENSATION APPELLATE COMMISSION (RESCINDED) › Section R. 792.11316 - Rescinded

Current through Vol. 24-12, July 15, 2024
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 13 - WORKERS' COMPENSATION HEARINGS AND APPEALS (RESCINDED) › Subpart B - MICHIGAN COMPENSATION APPELLATE COMMISSION (RESCINDED) › Section R. 792.11317 - Rescinded

Current through Vol. 24-12, July 15, 2024
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 13 - WORKERS' COMPENSATION HEARINGS AND APPEALS (RESCINDED) › Subpart B - MICHIGAN COMPENSATION APPELLATE COMMISSION (RESCINDED) › Section R. 792.11318 - Rescinded

Current through Vol. 24-12, July 15, 2024
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 13 - WORKERS' COMPENSATION HEARINGS AND APPEALS (RESCINDED) › Subpart B - MICHIGAN COMPENSATION APPELLATE COMMISSION (RESCINDED) › Section R. 792.11319 - Rescinded

Current through Vol. 24-12, July 15, 2024
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 13 - WORKERS' COMPENSATION HEARINGS AND APPEALS (RESCINDED) › Subpart B - MICHIGAN COMPENSATION APPELLATE COMMISSION (RESCINDED) › Section R. 792.11320 - Rescinded

Current through Vol. 24-12, July 15, 2024
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 13 - WORKERS' COMPENSATION HEARINGS AND APPEALS (RESCINDED) › Subpart B - MICHIGAN COMPENSATION APPELLATE COMMISSION (RESCINDED) › Section R. 792.11321 - Rescinded

Current through Vol. 24-12, July 15, 2024
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 14 - EMPLOYMENT SECURITY HEARINGS AND APPEALS › Subpart A - GENERAL PROVISIONS › Section R. 792.11401 - Scope

Current through Vol. 24-12, July 15, 2024
Rule 1401. The rules in this part govern proceedings
						before administrative law judges and the Michigan compensation appellate
						commission under the Michigan employment security act, 1936 PA 1, MCL 421.1 to
						421.75.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 14 - EMPLOYMENT SECURITY HEARINGS AND APPEALS › Subpart A - GENERAL PROVISIONS › Section R. 792.11402 - Definitions

Current through Vol. 24-12, July 15, 2024
Rule 1402.
(1)
					 As used in these rules:
(a)"Act" as used in
					 this part means the Michigan employment security act, 1936 PA 1, MCL 421.1 to
					 421.75.
(b)"Agency" means the
					 unemployment insurance agency as created in Executive Reorganization Order No.
					 2003-1, MCL 445.2011.
(c)"Agent
					 office" means an unemployment insurance office outside the state of Michigan
					 serving as agent of the agency.
(d)
					 "Good cause" includes, but is not limited to, any of the following:
(i) Newly discovered material evidence that,
					 through no fault of the party, had not previously been available to the
					 party.
(ii) A legitimate inability
					 to act sooner.
(iii) A failure to
					 receive a reasonable and timely notice, order, or decision through no fault of
					 the party.
(iv)Untimely delivery of
					 a protest, appeal, or an agency document by a business or governmental agency
					 entrusted with delivery of mail.
(v) Relying on incorrect information from the
					 agency, administrative law judge, the hearing system or the Michigan
					 compensation appellate commission.
(e)"Michigan compensation appellate
					 commission" means the commission created by Executive Order 2011-6 to hear
					 appeals under 1936 PA 1, MCL 421.1 to 421.75.
(f) Unless the context otherwise requires,
					 the word "party" means the agency, the employing unit, and the claimant, and
					 includes an agent or attorney of the agency, the employing unit, or the
					 claimant.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 14 - EMPLOYMENT SECURITY HEARINGS AND APPEALS › Subpart A - GENERAL PROVISIONS › Section R. 792.11403 - Adjournments; taking testimony of witness unable to appear and testify at scheduled hearing; deposition

Current through Vol. 24-12, July 15, 2024
Rule 1403.
(1)
					 Adjournments of hearings may be granted by the administrative law judge or the
					 Michigan compensation appellate commission panel before whom the appeal is
					 pending. Adjourned hearings shall be rescheduled to a time and place that the
					 administrative law judge or the Michigan compensation appellate commission
					 deems most convenient for all interested parties.
(2) The administrative law judge or the
					 Michigan compensation appellate commission panel may schedule an adjourned
					 hearing at a place convenient to the residence of a witness to take his or her
					 testimony, if he or she is unable to appear and testify at a regularly
					 scheduled hearing.
(3) The
					 testimony may be taken by any administrative law judge of this state or of any
					 agent state, or may be taken by deposition pursuant to the provisions of law
					 applicable to depositions in civil actions pending in the circuit courts of
					 this state.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 14 - EMPLOYMENT SECURITY HEARINGS AND APPEALS › Subpart A - GENERAL PROVISIONS › Section R. 792.11404 - Witness fee vouchers; processing

Current through Vol. 24-12, July 15, 2024
Rule 1404. At the conclusion of a hearing by the
						administrative law judge or the Michigan compensation appellate commission, the
						agency shall process witness fee vouchers for payment for those witnesses who
						satisfy all of the following conditions:
(a) Were duly subpoenaed.
(b) Appeared in person at the
					 hearing.
(c) Verified their mileage
					 and proper mailing addresses.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 14 - EMPLOYMENT SECURITY HEARINGS AND APPEALS › Subpart B - APPEALS TO ADMINISTRATIVE LAW JUDGES › Section R. 792.11405 - Appeal; form

Current through Vol. 24-12, July 15, 2024
Rule 1405.
(1)
					 An appeal to an administrative law judge shall be filed pursuant to 1936 PA 1,
					 MCL 421.1 to 421.75.
(2) Appeal
					 forms for administrative law judge hearings and rehearings shall be available
					 at all agency offices.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 14 - EMPLOYMENT SECURITY HEARINGS AND APPEALS › Subpart B - APPEALS TO ADMINISTRATIVE LAW JUDGES › Section R. 792.11406 - Appeal; deadline; statements on redetermination; procedure on appeal of denial of redetermination

Current through Vol. 24-12, July 15, 2024
Rule 1406.
(1)
					 An appeal to an administrative law judge shall be received by the principal
					 office of the agency, or by any other office of the agency, or by any agent
					 office of the agency outside the state of Michigan, within 30 days after the
					 date of mailing or personal service of the agencys redetermination.
(2) A party who receives a denial of
					 redetermination because his or her request for review was not filed with the
					 agency within 30 days after the date of mailing or personal service of the
					 underlying determination or redetermination may appeal the denial of
					 redetermination to an administrative law judge. The administrative law judge
					 shall take evidence on whether there was good cause for issuing a
					 redetermination. If the administrative law judge finds good cause, the
					 administrative law judge shall inform the parties of that fact and shall then
					 proceed to take testimony on, and decide, the underlying issue or issues,
					 pursuant to
					 R 792.11424.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 14 - EMPLOYMENT SECURITY HEARINGS AND APPEALS › Subpart B - APPEALS TO ADMINISTRATIVE LAW JUDGES › Section R. 792.11407 - Notice of hearing

Current through Vol. 24-12, July 15, 2024
Rule 1407.
(1)
					 Except as required by subrule (3) of this rule, notice of the time and place of
					 the initial hearing before an administrative law judge, and a short and plain
					 statement of the issues involved, shall be served upon the parties not less
					 than 10 days before the date of the hearing.
(2) When an administrative law judge adjourns
					 or continues 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
					 days of the old hearing date. Otherwise, the new notice shall be served at
					 least 7 days before the date of the new hearing.
(3) When a hearing involves employer or
					 claimant fraud under section 54, 54a, 54b, 54c, or 62(b), (c), or (d) of the
					 act, MCL 421.54a, 421.54b, 421.54c or 421.62(b), (c), or (d), the notice of
					 hearing shall be served upon the parties not less than 20 days before the date
					 of the hearing.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 14 - EMPLOYMENT SECURITY HEARINGS AND APPEALS › Subpart B - APPEALS TO ADMINISTRATIVE LAW JUDGES › Section R. 792.11408 - Employer or claimant fraud; hearing procedure

Current through Vol. 24-12, July 15, 2024
Rule 1408.
(1)
					 When a hearing involves allegations of employer or claimant fraud under section
					 54, 54a, 54b, 54c, or 62 (b), (c), or (d) of the act, 1936 PA 1, MCL 421.54a,
					 421.54b, 421.54c or 421.62(b), (c), or (d), the notice of hearing shall be
					 mailed to, or personally served upon, the parties at least 20 days before the
					 hearing.
(2) Where one party,
					 including the agency, has documentary evidence or witnesses concerning another
					 party's alleged fraud, the party shall provide a witness list and copies of the
					 documentary evidence to the other parties and to the administrative law judge
					 not less than 10 days before a fraud hearing.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 14 - EMPLOYMENT SECURITY HEARINGS AND APPEALS › Subpart B - APPEALS TO ADMINISTRATIVE LAW JUDGES › Section R. 792.11409 - Subpoenas

Current through Vol. 24-12, July 15, 2024
Rule 1409.
(1) A
					 party may request subpoenas to compel witnesses to testify at an administrative
					 law judge hearing or to compel persons to produce books, records, and papers at
					 an administrative law judge hearing.
(2) Requests for subpoenas shall be made to
					 an administrative law judge.
(3)
					 The subpoenas shall be issued promptly, unless the administrative law judge
					 decides that the request is unreasonable.
(4) A party denied a subpoena may apply to
					 the Michigan compensation appellate commission for issuance of the subpoena,
					 and the proceedings before the administrative law judge shall be stayed until
					 the Michigan compensation appellate commission decides whether the subpoena
					 should be issued.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 14 - EMPLOYMENT SECURITY HEARINGS AND APPEALS › Subpart B - APPEALS TO ADMINISTRATIVE LAW JUDGES › Section R. 792.11410 - Readiness of parties after notice of hearing; adjournment; issues before an administrative law judge

Current through Vol. 24-12, July 15, 2024
Rule 1410.
(1) A
					 party appearing at a hearing before an administrative law judge after notice
					 shall have his or her evidence and witnesses present and be ready to proceed on
					 the statement of the issues contained in the notice of hearing.
(2) If an issue or time period beyond that
					 specified in the determination or redetermination is raised at administrative
					 law judge hearing without having been included in the notice of hearing, the
					 hearing shall be adjourned for a reasonable time if requested by either party
					 or if the administrative law judge deems adjournment appropriate. Evidence
					 shall not be taken on the issue or time period that is not included in the
					 notice of hearing, and a decision shall not be issued on such an issue or time
					 period, unless a knowing and informed waiver of notice or adjournment is
					 obtained from the parties. The purpose of the adjournment is to give the
					 parties the opportunity to prepare to meet the newly identified
					 issue.
(3) To secure a knowing and
					 informed waiver on the record, an administrative law judge shall do all of the
					 following:
(a) Advise the parties that an
					 issue or issues or a period of time not specified in the hearing notice has
					 been or is about to be raised.
(b)
					 Advise the parties of the nature of such issue and the consequences of his or
					 her ruling on such issue.
(c)
					 Advise the parties of the right to request an adjournment or stipulate to
					 continue with the hearing.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 14 - EMPLOYMENT SECURITY HEARINGS AND APPEALS › Subpart B - APPEALS TO ADMINISTRATIVE LAW JUDGES › Section R. 792.11411 - Conduct of hearing

Current through Vol. 24-12, July 15, 2024
Rule 1411.
(1)
					 The administrative law judge shall conduct and control the hearing to develop
					 the rights of the parties.
(2) At
					 the beginning of the hearing, the administrative law judge shall identify all
					 parties, representatives, and witnesses present and shall outline briefly the
					 issues involved.
(3) Oral evidence
					 at a hearing before an administrative law judge shall be taken only on oath or
					 affirmation.
(4) Each party shall
					 have all of the following rights:
(a) To call
					 and examine witnesses.
(b) To
					 introduce exhibits.
(c) To
					 cross-examine opposing witnesses on any matter relevant to the issues, even
					 though that matter was not covered in the direct examination.
(d) To impeach any witness, regardless of
					 which party first called the witness to testify.
(e) To rebut the evidence against him or
					 her.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 14 - EMPLOYMENT SECURITY HEARINGS AND APPEALS › Subpart B - APPEALS TO ADMINISTRATIVE LAW JUDGES › Section R. 792.11412 - Hearing location; telephone hearing

Current through Vol. 24-12, July 15, 2024
Rule 1412.
(1)
					 Hearings held to resolve disputes of determinations made under sections 13 to
					 25 and sections 54, 54a, 54b, 54c or 62(b), (c), or (d) of the act, MCL 421.13
					 to 421.25, MCL 421.54, 421.54a, 421.54b, 421.54c or 421.62(b), (c), or (d),
					 shall be scheduled as in-person hearings at a location determined by the
					 hearing system. At the discretion of the administrative law judge, the
					 testimony of parties or witnesses may be taken by telephone or video.
(2) With the exception of a hearing scheduled
					 under subrule (1) of this rule, 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 or designees.
(3) 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 in time to
					 ensure the documents are received before the date of the scheduled hearing. All
					 documents submitted to the administrative law judge 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.
(4) If a hearing is conducted by telephone,
					 the administrative law judge shall, on the record, make inquiries that the
					 administrative law judge considers appropriate to ascertain the identity of the
					 individuals participating by telephone. Absent approval of the executive
					 director of the Michigan administrative hearing system or his or her designee,
					 an administrative law judge shall not require a party to submit an affidavit to
					 attest to his or her identity.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 14 - EMPLOYMENT SECURITY HEARINGS AND APPEALS › Subpart B - APPEALS TO ADMINISTRATIVE LAW JUDGES › Section R. 792.11413 - Further hearing prior to decision

Current through Vol. 24-12, July 15, 2024
Rule 1413.
(1)
					 At any time between the hearing and the issuance of the administrative law
					 judges decision, the administrative law judge may direct a further hearing on
					 his or her own initiative or the motion of a party.
(2) A further hearing is within the
					 discretion of the administrative law judge.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 14 - EMPLOYMENT SECURITY HEARINGS AND APPEALS › Subpart B - APPEALS TO ADMINISTRATIVE LAW JUDGES › Section R. 792.11414 - Rehearing of administrative law judge's decision

Current through Vol. 24-12, July 15, 2024
Rule 1414.
(1) A
					 request for a rehearing of an administrative law judges previous decision shall
					 be received by the administrative law judge or by an office or agent office of
					 the agency within 30 days after the date of mailing of the decision. A party
					 requesting rehearing must serve their request on the opposing party.
(2) Reasons for requesting a rehearing
					 include, but are not limited to, good cause for not appearing at a hearing or
					 the discovery of material evidence after the date of the hearing.
(3) A rehearing may also be granted on the
					 administrative law judges own motion.
(4) Granting a rehearing is within the
					 discretion of the administrative law judge. An order or decision allowing
					 rehearing shall state the reasons for granting the rehearing.
(5) If a timely request for rehearing is
					 denied, both the denial and the administrative law judge's previous decision
					 may be appealed to the Michigan compensation appellate commission.
(6) A rehearing request received more than 30
					 days after the decision is mailed shall be treated as a request for reopening
					 under
					 R
					 792.11416.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 14 - EMPLOYMENT SECURITY HEARINGS AND APPEALS › Subpart B - APPEALS TO ADMINISTRATIVE LAW JUDGES › Section R. 792.11415 - Reopening and review of administrative law judge's decision

Current through Vol. 24-12, July 15, 2024
Rule 1415.
(1) A
					 request for reopening and review of an administrative law judge's decision
					 shall be received by the administrative law judge or by an office or agent
					 office of the agency within 1 year after the date of mailing of the decision. A
					 party requesting reopening shall serve his or her request on the opposing
					 party.
(2) The administrative law
					 judge may reopen and review a matter on his or her own initiative, within 1
					 year after the date of mailing of the previous decision, after providing notice
					 to the interested parties.
(3) A
					 reopening may be granted on the administrative law judges own motion if the
					 review is initiated by the administrative law judge, with notice to the
					 interested parties, within 1 year after the date of mailing of the previous
					 decision.
(4) Granting reopening is
					 within the discretion of the administrative law judge. If reopening is granted,
					 the administrative law judge shall decide the underlying issues of the case
					 based on the evidence already submitted and any additional evidence the
					 administrative law judge may enter into the record.
(5) If the administrative law judge denies a
					 request for reopening, the Michigan compensation appellate commission shall not
					 review the administrative law judge's previous decision unless it first decides
					 that there was good cause for a reopening.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 14 - EMPLOYMENT SECURITY HEARINGS AND APPEALS › Subpart B - APPEALS TO ADMINISTRATIVE LAW JUDGES › Section R. 792.11416 - Notice of rights of appeal

Current through Vol. 24-12, July 15, 2024
Rule 1416. Each decision or final order issued by an
						administrative law judge shall notify the parties of all of the
						following:
(a) A party has the right
					 to have a decision or a denial of a motion for rehearing or reopening reviewed
					 by the Michigan compensation appellate commission by making a timely appeal.
					 The appealing party shall serve a copy of his or her appeal on the opposing
					 party.
(b) A party may make a
					 timely request to the Michigan compensation appellate commission for an oral
					 argument or to present additional evidence in connection with his or her
					 appeal.
(c) Absent oral argument
					 before it, the Michigan compensation appellate commission shall consider a
					 party's written argument to the commission only if all parties are represented
					 or by agreement of the parties.
(d)
					 A party may appeal a decision or final order of an administrative law judge
					 directly to a circuit court if the claimant and the employer or their
					 respective authorized agents or attorneys sign a written stipulation and file
					 it with the administrative law judge in a timely manner.
(e) A party may make a timely request to an
					 administrative law judge to rehear a previous decision.
(f) A party may make a timely request to an
					 administrative law judge, for good cause only, to reopen and review a previous
					 decision.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 14 - EMPLOYMENT SECURITY HEARINGS AND APPEALS › Subpart C - MICHIGAN COMPENSATION APPELLATE COMMISSION APPEALS UNEMPLOYMENT CASES › Section R. 792.11417 - Scope; appeal; form

Current through Vol. 24-12, July 15, 2024
Rule 1417.
(1)
					 These rules apply to practice and procedure before the Michigan compensation
					 appellate commission in appeals under the act, MCL 421.1 to 421.75, and are
					 governed by
					 R
					 792.11401 to
					 R
					 792.11433.
(2) An appeal to the Michigan compensation
					 appellate commission shall be in writing and shall be signed by the party
					 appealing or his agent.
(3) Forms
					 for appeals to the Michigan compensation appellate commission and for rehearing
					 by the Michigan compensation appellate commission shall be available at the
					 office of the Michigan compensation appellate commission and all agency offices
					 that are open to the public.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 14 - EMPLOYMENT SECURITY HEARINGS AND APPEALS › Subpart C - MICHIGAN COMPENSATION APPELLATE COMMISSION APPEALS UNEMPLOYMENT CASES › Section R. 792.11418 - Appeal; deadline; procedure for late appeal

Current through Vol. 24-12, July 15, 2024
Rule 1418.
(1)
					 An appeal to the Michigan compensation appellate commission shall be received
					 at the office of the Michigan compensation appellate commission.
(2) To be received on time, an appeal to the
					 Michigan compensation appellate commission must be received within 30 days
					 after the mailed date the administrative law judges decision, order denying
					 rehearing or reopening.
(3) The
					 Michigan compensation appellate commission is without jurisdiction to consider
					 the merits of any appeal received after the 30-day appeal period. A party whose
					 appeal is received by the Michigan compensation appellate commission after the
					 30-day appeal period may request a reopening by the administrative law judge
					 under
					 R
					 792.11405, assuming the request is received within 1
					 year of the date of mailing of the administrative law judges decision. The
					 administrative law judges decision or order on the reopening request may then
					 be appealed to the Michigan compensation appellate commission.
(4) An appeal or request for rehearing or
					 reopening to the Michigan compensation appellate commission may be made by
					 personal service, postal delivery, facsimile transmission, or other electronic
					 means as prescribed by the Michigan compensation appellate commission. If an
					 appeal or request is made by facsimile transmission, the following will be
					 presumed:
(a) That the facsimile transmission
					 was received on time if it was received by the Michigan compensation appellate
					 commission not later than the last minute of the day of the applicable deadline
					 as provided in these rules under prevailing Michigan time.
(b) That the facsimile transmission was
					 received on the date and at the time electronically entered or printed on the
					 face of the document, subject to verification by the Michigan compensation
					 appellate commission at its discretion.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 14 - EMPLOYMENT SECURITY HEARINGS AND APPEALS › Subpart C - MICHIGAN COMPENSATION APPELLATE COMMISSION APPEALS UNEMPLOYMENT CASES › Section R. 792.11419 - Commission; decision based on record; notice

Current through Vol. 24-12, July 15, 2024
Rule 1419.
(1)
					 The Michigan compensation appellate commission may decide cases on the record
					 made by the administrative law judge, without any of the following:
(a) Oral argument before it.
(b) Additional evidence.
(c) Consideration of written
					 argument.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 14 - EMPLOYMENT SECURITY HEARINGS AND APPEALS › Subpart C - MICHIGAN COMPENSATION APPELLATE COMMISSION APPEALS UNEMPLOYMENT CASES › Section R. 792.11420 - Oral argument; application

Current through Vol. 24-12, July 15, 2024
Rule 1420.
(1)
					 Oral argument to the Michigan compensation appellate commission shall be by
					 written application and must be received within 14 days after the mailed date
					 of the notice of receipt of appeal.
(2) A written application shall set forth the
					 reasons for requesting oral argument. The application shall be served on all
					 other parties at the time of filing with the Michigan compensation appellate
					 commission.
(3) The application
					 shall be granted or denied by at least 2 members of the Michigan compensation
					 appellate commission panel assigned to review the appeal.
(4) On the motion of at least 2 members of
					 the Michigan compensation appellate commission panel assigned to review a
					 pending appeal, oral argument may be ordered.
(5) The Michigan compensation appellate
					 commission may at its discretion consider oral argument presented in person by
					 conference telephone or other electronic means.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 14 - EMPLOYMENT SECURITY HEARINGS AND APPEALS › Subpart C - MICHIGAN COMPENSATION APPELLATE COMMISSION APPEALS UNEMPLOYMENT CASES › Section R. 792.11421 - Presentation of additional evidence; application

Current through Vol. 24-12, July 15, 2024
Rule 1421.
(1)
					 Presentation of additional evidence to the Michigan compensation appellate
					 commission shall be by order of the Michigan compensation appellate
					 commission.
(2) If a party applies
					 to the Michigan compensation appellate commission for permission to present
					 additional evidence, the application shall be in writing and shall set forth
					 the reasons why the additional evidence should be received. The application
					 must be served on all other parties at the time of filing with the Michigan
					 compensation appellate commission. The granting or denial of additional
					 evidence is within the discretion of the Michigan compensation appellate
					 commission.
(3) To be granted, the
					 application shall be approved by 2 members of the Michigan compensation
					 appellate commission panel assigned to review the appeal.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Michigan Administrative Hearing System › Michigan Administrative Hearing System Uniform Hearing Rules › Part 14 - EMPLOYMENT SECURITY HEARINGS AND APPEALS › Subpart C - MICHIGAN COMPENSATION APPELLATE COMMISSION APPEALS UNEMPLOYMENT CASES › Section R. 792.11422 - Additional evidence; order

Current through Vol. 24-12, July 15, 2024
Rule 1422.
(1)
					 When the Michigan compensation appellate commission orders additional evidence,
					 it may do any of the following:
(a) Conduct a
					 hearing pursuant to the act for the purpose of taking and receiving such
					 evidence as it deems necessary.
(b)
					 Remand the matter to an administrative law judge for the purpose of taking and
					 receiving such evidence and submitting the evidence so received to the Michigan
					 compensation appellate commission for decision.
(c) Set aside the administrative law judges
					 decision and remand the matter to the administrative law judge for the purpose
					 of receiving such additional evidence and issuing a new decision based upon the
					 entire record.