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MICHIGAN STATUTES AND CODES
Section 418.212 - Evaluating performance of worker's compensation magistrate; frequency; criteria; report; response.
Act 317 of 1969
418.212 Evaluating performance of worker's compensation magistrate; frequency; criteria; report; response.
Sec. 212.
(1) The qualifications advisory committee shall evaluate the performance of each worker's compensation magistrate at least once every 2 years. The evaluation shall be based upon at least the following criteria:
(a) The rate of affirmance by the appeal board and the appellate commission of the worker's compensation magistrate's opinions and orders.
(b) Productivity including reasonable time deadlines for disposing of cases.
(c) Manner in conducting hearings.
(d) Knowledge of rules of evidence as demonstrated by transcripts of the hearings conducted by the worker's compensation magistrate.
(e) Knowledge of the law.
(f) Evidence of any demonstrable bias against particular defendants, claimants, or attorneys.
(g) Written surveys or comments of all interested parties. Information obtained under this subdivision shall be exempt from disclosure under the freedom of information act, Act No. 442 of the Public Acts of 1976, being sections 15.231 to 15.246 of the Michigan Compiled Laws.
(2) Upon completing an evaluation under this section, the qualifications advisory committee shall submit a written report including any supporting documentation to the governor regarding that evaluation which may include recommendations with regard to 1 or more of the following:
(a) Promotion.
(b) Suspension.
(c) Removal.
(d) Additional training or education.
(3) The governor shall respond in writing to the committee regarding the action taken in response to the report of the committee.
History: Add. 1985, Act 103, Imd. Eff. July 30, 1985
Compiler's Notes: For legislative intent as to severability, see Compiler's note to MCL 418.213.For abolishment of the qualifications advisory committee and establishment of the new qualifications advisory committee within the worker's compensation agency, see E.R.O. No. 2003-1, compiled at MCL 445.2011.
Popular Name: Act 317