HOUSE BILL No. 4810


     June 17, 1999, Introduced by Rep. Kuipers and referred to the Committee on
Employment Relations, Training and Safety.


        A bill to amend 1936 (Ex Sess) PA 1, entitled

   "Michigan employment security act,"

   by amending section 34 (MCL 421.34), as amended by 1983 PA 164.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         Sec. 34.  An INTERESTED PARTY MAY appeal to the board of

 2    review  from the  A REFEREE'S findings of fact and
             decision  of

 3     the referee or from a denial by the referee  OR A
                       REFEREE'S

 4    DENIAL of a motion for a rehearing or reopening.  , shall be
             a

 5     matter of right by an interested party.  The board of
                       review, on 

 6    ON the basis of evidence previously submitted and additional evi-

 7    dence as it requires, THE BOARD OF REVIEW shall affirm, modify,

 8    set aside, or reverse  the  A REFEREE'S findings of
             fact and

 9    decision  of the referee  or a REFEREE'S denial
              by the referee 

10    of a motion for rehearing or reopening.  The board shall conduct



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 1    an oral hearing in a matter before the board only  after an

 2     application for the hearing is made by an interested party
                       and

 3     the application is approved by  IF 2 or more
                       members of the board

 4    assigned to review the appeal APPROVE OF THE CONDUCTING OF AN

 5    ORAL HEARING.  If an application for  UNLESS THERE
             IS an oral

 6    hearing,  is not approved, the board shall not consider a
             written

 7     argument unless  all parties are represented, or
                       all parties

 8    agree that written argument should be considered, THE BOARD SHALL

 9    NOT CONSIDER A WRITTEN ARGUMENT.  If neither an oral hearing is

10    held nor written argument considered, the board shall decide the

11    case on the referee record.  The board shall notify each inter-

12    ested party of its decision or order within 60 days after the

13    date of the last board of review hearing on a contested matter.

14    The board, in its discretion, may omit the giving of reasons in

15    cases  where  IN WHICH the  decision of a
              referee DECISION is

16    affirmed without alteration or modification.  If the appellant

17    fails to appear, the board of review may dismiss the proceedings

18    or take other action as it  may deem advisable 
             DETERMINES

19    APPROPRIATE.  The board of review may, either upon 
             UPON EITHER

20    application by an interested party for rehearing or  on
              its own

21    motion,  proceed to  THE BOARD OF REVIEW MAY
             rehear, affirm,

22    modify, set aside, or reverse a prior decision on the basis of

23    the evidence previously submitted in that case, or on the basis

24    of additional evidence if the application or motion is made

25    within 30 days after the date of mailing of the prior decision.

26    The board of review may  ,  for good cause 
             ,  reopen and review

27    a prior decision of the board of review and issue a new decision



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 1    after the 30-day appeal period has expired, but  a review
             shall

 2     not be made unless  ONLY IF the request is filed
                       with the board,

 3    or review is initiated by the board with notice to the interested

 4    parties, within 1 year after the date of mailing of the prior

 5    decision.  Unless,  an interested party,  within 30
             days after

 6    THE mailing of a copy of a decision of the board of review or of

 7    a denial of a motion for a rehearing, AN INTERESTED PARTY files

 8    an appeal from the decision or denial, or seeks judicial review

 9     as provided in  UNDER section 38, the decision
              shall be  IS

10    final.




































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