Section 421.34 - Appeal to board of review from findings of fact and decision or from denial of motion for rehearing or reopening.
MICHIGAN EMPLOYMENT SECURITY ACT (EXCERPT)
Act 1 of 1936 (Ex. Sess.)
421.34 Appeal to board of review from findings of fact and decision or from denial of motion for rehearing or reopening.
Sec. 34.
An appeal to the board of review from the findings of fact and decision of the referee or from a denial by the referee of a motion for a rehearing or reopening, shall be a matter of right by an interested party. The board of review, on the basis of evidence previously submitted and additional evidence as it requires, shall affirm, modify, set aside, or reverse the findings of fact and decision of the referee or a denial by the referee of a motion for rehearing or reopening. The board shall conduct an oral hearing in a matter before the board only after an application for the hearing is made by an interested party and the application is approved by 2 or more members of the board assigned to review the appeal. If an application for an oral hearing is not approved, the board shall not consider a written argument unless all parties are represented or all parties agree that written argument should be considered. If neither an oral hearing is held nor written argument considered, the board shall decide the case on the referee record. The board shall notify each interested party of its decision or order within 60 days after the date of the last board of review hearing on a contested matter. The board, in its discretion, may omit the giving of reasons in cases where the decision of a referee is affirmed without alteration or modification. If the appellant fails to appear, the board of review may dismiss the proceedings or take other action as it may deem advisable. The board of review may, either upon application by an interested party for rehearing or on its own motion, proceed to rehear, affirm, modify, set aside, or reverse a prior decision on the basis of the evidence previously submitted in that case, or on the basis of additional evidence if the application or motion is made within 30 days after the date of mailing of the prior decision. The board of review may, for good cause, reopen and review a prior decision of the board of review and issue a new decision after the 30-day appeal period has expired, but a review shall not be made unless the request is filed with the board, or review is initiated by the board with notice to the interested parties, within 1 year after the date of mailing of the prior decision. Unless an interested party, within 30 days after mailing of a copy of a decision of the board of review or of a denial of a motion for a rehearing, files an appeal from the decision or denial, or seeks judicial review as provided in section 38, the decision shall be 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 ;-- CL 1948, 421.34 ;-- Am. 1951, Act 251, Imd. Eff. June 17, 1951 ;-- Am. 1965, Act 281, Eff. Sept. 5, 1965 ;-- Am. 1975, Act 110, Eff. June 8, 1975 ;-- Am. 1977, Act 52, Imd. Eff. July 5, 1977 ;-- Am. 1983, Act 164, Eff. Oct. 1, 1983