Sec. 33.
(1) An appeal from a redetermination issued by the agency in accordance with section 32a or a matter transferred for hearing and decision in accordance with section 32a shall be referred to the Michigan administrative hearing system for assignment to an administrative law judge. If the agency transfers a matter, or an interested party requests a hearing before an administrative law judge 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 the administrative law judge. The administrative law judge shall afford all interested parties a reasonable opportunity for a fair hearing and, unless the appeal is withdrawn, the administrative law judge shall decide the rights of the interested parties and shall notify the interested parties of the decision, setting forth the findings of fact upon which the decision is based, together with the reasons for the decision. With respect to an appeal from a denial of redetermination, if the administrative law judge 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. Unless an interested party would be unduly prejudiced, an administrative law judge may consolidate cases involving the same or substantially similar evidence or issues, hear the consolidated cases at the same date and time, create a single record of proceedings, and consider evidence introduced in 1 of those cases in the other cases. If the appellant fails to appear or prosecute the appeal, the administrative law judge may dismiss the proceedings or take other action considered advisable. An administrative law judge 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. The application or motion shall be made within 30 days after the date of mailing of the decision. The administrative law judge may, for good cause, reopen and review a prior decision and issue a new decision after the 30-day appeal period has expired. A request for review shall be made within 1 year after the date of mailing of the prior decision. An administrative law judge shall not participate in a case in which he or she has a direct or indirect interest.
(2) Within 30 days after the mailing of a copy of a decision of the administrative law judge or of a denial of a motion for rehearing, an interested party may file an appeal to the Michigan compensation appellate commission, and unless such an appeal is filed, the decision or denial by the administrative law judge is final.
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 ;-- Am. 2011, Act 269, Imd. Eff. Dec. 19, 2011 Compiler's Notes: For the abolishment of the Michigan compensation appellate commission and establishment of the new unemployment insurance appeals commission and the transfer of certain powers and duties of the Michigan compensation appellate commission to the unemployment insurance appeals commission, see E.R.O. No. 2019-3, compiled at MCL 125.1998.
Structure Michigan Compiled Laws
Chapter 421 - Employment Security
Act 1 of 1936 (Ex. Sess.) - Michigan Employment Security Act (421.1 - 421.75)
Section 421.1 - Michigan Employment Security Act; Short Title.
Section 421.2 - Declaration of Public Policy; Findings.
Section 421.3 - Bureau of Worker's and Unemployment Compensation; Policies; Definitions.
Section 421.3b - Repealed. 2002, Act 192, Imd. Eff. Apr. 26, 2002.
Section 421.4a - Parking Facility; Approval of State Administrative Board.
Section 421.5a - Advocacy Assistance Services; Program.
Section 421.6c - Emergency Backup Plan for Computer System.
Section 421.6d - Stabilization Fund.
Section 421.6e - Employee Training Program; Operation; Funding; Purpose.
Section 421.6f - Appropriation to Fund Improvements; Expenditure; Work Project.
Section 421.7 - Employment Security Commission; Consolidation of Divisions.
Section 421.9 - Employment Security Commission; Subpoenas, Issuance; Enforcement; Immunity.
Section 421.10 - Administration Fund; Contingent Fund.
Section 421.11a - Privilege; Waiver.
Section 421.12 - Acceptance of Wagner-Peyser Act.
Section 421.12a - Employment Security; Community Work or Training Program; Employee Benefits.
Section 421.13j - Repealed. 1977, Act 277, Eff. Jan. 1, 1978.
Section 421.13l - Indian Tribe or Tribal Unit as Employer; Requirements.
Section 421.15 - Delinquent Contributions.
Section 421.15b - Repealed. 1951, Act 251, Imd. Eff. June 17, 1951.
Section 421.16 - Adjustment or Refund of Contributions or Interest.
Section 421.21b - Seamen on American Vessel on Great Lakes; Benefits; Seamen, Definition.
Section 421.22 - Transfer of Business.
Section 421.23 - Coverage of Employer; Period.
Section 421.26 - Unemployment Compensation Fund.
Section 421.26b - Repealed. 1951, Act 251, Imd. Eff. June 17, 1951.
Section 421.27 - Payment of Benefits; Extension of Benefits Subject to Appropriation.
Section 421.27b - Deducting and Withholding Income Tax From Unemployment Benefits.
Section 421.27c - Noncharging Employer Account; Monetary Redetermination; Conditions.
Section 421.27n - Repealed. 1965, Act 281, Eff. Sept. 5, 1965.
Section 421.28b - Definitions; MCL 421.28c to 421.28m.
Section 421.28e - Shared-Work Plan; Approval or Disapproval by Unemployment Agency.
Section 421.28f - Shared-Work Plan; Effective Period.
Section 421.28g - Compensation.
Section 421.28h - Schedule; Filing Compensation Claims; Benefits; Funding of Benefits.
Section 421.28i - Modification of Shared-Work Plan.
Section 421.28j - Termination of Shared-Work Plan; Good Cause.
Section 421.28m - Effect of Approval or Disapproval by Federal Government.
Section 421.29 - Disqualification From Benefits; Exception During Covid-19 Pandemic.
Section 421.29m, 421.29n - Repealed. 1965, Act 281, Eff. Sept. 5, 1965.
Section 421.30 - Benefits Inalienable.
Section 421.31 - Waiver of Rights; Limitation of Fees.
Section 421.32 - Claims for Benefits; Examination; Determination; Notice.
Section 421.32b - Internet Site; Establishment; Access; Purpose; Protest or Appeal.
Section 421.32d - Unemployment Agency; Hiring New Employees; Limitation.
Section 421.35, 421.36 - Repealed. 2011, Act 269, Imd. Eff. Dec. 19, 2011.
Section 421.39 - Employment Security Act; Definitions.
Section 421.40 - “Employing Unit” Defined.
Section 421.41 - “Employer” Defined.
Section 421.41a - Repealed. 1951, Act 251, Imd. Eff. June 17, 1951.
Section 421.42 - “Employment” Defined.
Section 421.42a - Coverage of Services; Determination; Penalties and Interests.
Section 421.43 - Services Excluded From Term "employment."
Section 421.44 - “Remuneration” and “Wages” Defined.
Section 421.45 - Base Periods; Definition.
Section 421.46 - “Benefit Year” Defined; Conditions; Rights of Claimant.
Section 421.47 - Calendar Quarter; Definition.
Section 421.48a - Transmission or Receipt by Mail.
Section 421.50 - “Week" Defined.
Section 421.50a - “Governmental Entity” Defined.
Section 421.51 - “Benefits” and “Average Weekly Wage” Defined.
Section 421.51a - Repealed. 1951, Act 251, Imd. Eff. June 17, 1951.
Section 421.52 - State; Definition.
Section 421.54 - Sanctions; Penalties.
Section 421.54g - Report Regarding Claims Submitted by Impostors; Contents; Definitions.
Section 421.54h - Appointment of Individual to Perform Certain Activities; "Impostor" Defined.
Section 421.55 - Catchline Headings of Section Not Part of Act.
Section 421.56 - American Vessel, American Aircraft; Definitions.
Section 421.57 - Amendment or Repeal of Act.
Section 421.58 - Suspension of Provisions.
Section 421.60 - Advance From Federal Fund; Repayment.
Section 421.60a - Protection of Deaf.
Section 421.61 - Repealed. 1951, Act 251, Imd. Eff. June 17, 1951.
Section 421.62 - Recovery of Improperly Paid Benefits.
Section 421.63 - Repealed. 1971, Act 231, Imd. Eff. Jan. 3, 1972.
Section 421.64 - Payment of Extended Benefits.
Section 421.65 - Effective Dates of Act 231 of 1971; Recomputation of Benefits.
Section 421.66 - Effective Dates of Act 104 of 1974; Recomputation of Benefits.
Section 421.67a - Repealed. 1996, Act 535, Imd. Eff. Jan. 13, 1997.
Section 421.68, 421.69 - Repealed. 1982, Act 535, Eff. Jan. 2, 1983.
Section 421.71 - Effective Dates of Act 535 of 1982.
Section 421.72 - Effective Date of Act 164 of 1983.
Section 421.73 - Rounding Benefits to Next Lower Full Dollar.
Section 421.75 - Conversion Date to Wage Record System; Effective Date; Report.