Section 421.33 - Appointment of referees; appeals and transferred matters; procedure for appeal to board of review; availability of writings to public. - Michigan Statutes

MICHIGAN EMPLOYMENT SECURITY ACT (EXCERPT)
Act 1 of 1936 (Ex. Sess.)

421.33 Appointment of referees; appeals and transferred matters; procedure for appeal to board of review; availability of writings to public.

Sec. 33.

(1) The commission shall appoint an adequate number of impartial referees to hear and decide appeals from a redetermination issued by the commission in accordance with section 32a or to hear and decide a matter transferred in accordance with section 32a. If the commission transfers a matter, or an interested party requests a hearing before a referee on a redetermination, all matters pertinent to the claimant's benefit rights or to the liability of the employing unit under this act shall be referred to a referee. The referee shall afford all interested parties a reasonable opportunity for a fair hearing and, unless the appeal is withdrawn, the referee shall decide the rights of the interested parties and shall notify the interested parties of the decision within 60 days, setting forth the findings of fact upon which the decision is based, together with the reasons for the decision. However, with respect to an appeal from a denial of redetermination, if the referee finds that there was good cause for the issuance of a redetermination, the denial shall be a redetermination affirming the determination and the appeal from the denial shall be an appeal from that affirmance. However, when the same or substantially similar evidence is material to the matter in issue with respect to more than 1 interested party, the same time and place for considering all the cases may be fixed, hearing on the cases jointly conducted, a single record of the proceedings made, and evidence introduced with respect to 1 proceeding considered as introduced in the others, if an interested party is not prejudiced thereby. If the appellant fails to appear or prosecute the appeal the referee may dismiss the proceedings or take other action considered advisable. A referee may, either upon application for rehearing by an interested party or on his or her own motion, proceed to rehear, affirm, modify, set aside, or reverse a prior decision on the basis of the evidence previously submitted in the case, or on the basis of additional evidence. However, the application or motion shall be made within 30 days after the date of mailing of the decision. The referee may, for good cause, reopen and review a prior decision of a referee and issue a new decision after the 30-day appeal period has expired. However, a request for review shall be made within 1 year after the date of mailing of the prior decision. A referee shall not participate in a case in which he or she has a direct or indirect interest.

(2) An interested party within 30 days after the mailing of a copy of a decision of the referee or of a denial of a motion for rehearing may file an appeal to the board of review, and unless such an appeal is filed the decision or denial shall be final.

(3) A writing prepared, owned, used, in the possession of, or retained by a referee in the performance of an official function shall be made available to the public in compliance with Act No. 442 of the Public Acts of 1976, being sections 15.231 to 15.246 of the Michigan Compiled Laws.

History: 1936, Ex. Sess., Act 1, Imd. Eff. Dec. 24, 1936 ;-- Am. 1939, Act 324, Imd. Eff. June 22, 1939 ;-- Am. 1941, Act 364, Imd. Eff. July 1, 1941 ;-- Am. 1947, Act 360, Imd. Eff. July 8, 1947 ;-- CL 1948, 421.33 ;-- Am. 1951, Act 251, Imd. Eff. June 17, 1951 ;-- Am. 1963, Act 190, Eff. Sept. 6, 1963 ;-- Am. 1965, Act 281, Eff. Sept. 5, 1965 ;-- Am. 1971, Act 231, Imd. Eff. Jan. 3, 1972 ;-- Am. 1975, Act 110, Eff. June 8, 1975 ;-- Am. 1977, Act 52, Imd. Eff. July 5, 1977 ;-- Am. 1977, Act 202, Imd. Eff. Nov. 17, 1977 ;-- Am. 1983, Act 164, Eff. Oct. 1, 1983