Bill Text: MI HB5172 | 2017-2018 | 99th Legislature | Engrossed
Bill Title: Employment security; other; provisions related to reconsiderations of determinations; modify. Amends sec. 32a of 1936 (Ex Sess) PA 1 (MCL 421.32a). TIE BAR WITH: HB 5165'17, HB 5166'17, HB 5167'17, HB 5168'17, HB 5169'17, HB 5170'17, HB 5171'17
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2017-12-28 - Assigned Pa 232'17 With Immediate Effect [HB5172 Detail]
Download: Michigan-2017-HB5172-Engrossed.html
HB-5172, As Passed House, November 8, 2017
SUBSTITUTE FOR
HOUSE BILL NO. 5172
A bill to amend 1936 (Ex Sess) PA 1, entitled
"Michigan employment security act,"
by amending section 32a (MCL 421.32a), as amended by 2011 PA 269.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 32a. (1) Upon application by an interested party for
review of a determination, upon request for transfer to an
administrative law judge for a hearing filed with the unemployment
agency within 30 days after the mailing or personal service of a
notice of determination, or upon the unemployment agency's own
motion within that 30-day period, the unemployment agency shall
review any determination. After review, the unemployment agency
shall in its discretion issue a redetermination affirming,
modifying, or reversing the prior determination and stating the
reasons
for the redetermination, or may in its discretion transfer
the matter to an administrative law judge for a hearing. If the
unemployment
agency issues a redetermination, is
issued, the
unemployment
agency it shall promptly notify the interested parties
of
the redetermination. , the The
redetermination is final unless
within 30 days after the mailing or personal service of a notice of
the redetermination an appeal is filed with the unemployment agency
for a hearing on the redetermination before an administrative law
judge
in accordance with pursuant
to section 33.
(2)
The unemployment agency may, shall,
for good cause,
including
any an administrative clerical error or evidence produced
by an interested party showing that a prior determination or
redetermination was not sent to the interested party's correct
address or an address ascertained under subsection (5), reconsider
a prior determination or redetermination after the 30-day period
has expired and after reconsideration issue a redetermination
affirming, modifying, or reversing the prior determination or
redetermination, or transfer the matter to an administrative law
judge for a hearing. A reconsideration shall not be made unless the
request is filed with the unemployment agency, or reconsideration
is initiated by the unemployment agency with notice to the
interested
parties, within 1 year from after
the date of mailing or
personal service of the original determination on the disputed
issue or, if the original determination involved a finding of
fraud, within 3 years after the date of mailing or personal service
of the original determination.
(3) If an interested party fails to file a protest within the
30-day period and the unemployment agency for good cause
reconsiders a prior determination or redetermination and issues a
redetermination, a disqualification, or an ineligibility imposed
thereunder, other than an ineligibility imposed due to receipt of
retroactive pay, the redetermination, disqualification, or
ineligibility does not apply to a compensable period for which
benefits were paid or are payable unless the benefits were obtained
as a result of an administrative clerical error, a false statement,
or a nondisclosure or misrepresentation of a material fact by the
claimant. However, the redetermination is final unless within 30
days after the date of mailing or personal service of the notice of
redetermination an appeal is filed for a hearing on the
redetermination
before an administrative law judge in accordance
with
pursuant to section 33.
(4) In addition to the transfer provisions in subsections (1)
and (2), both of the following apply:
(a) If both the claimant and the employer agree, the matter
may be transferred directly to an administrative law judge in a
case involving the payment of unemployment benefits.
(b) If both the unemployment agency and the employer agree,
the matter may be transferred directly to an administrative law
judge in a case involving unemployment contributions or
reimbursements in lieu of contributions.
(5) If a determination or redetermination includes a finding
that an interested party committed fraud, the unemployment agency
shall, in addition to sending the determination or redetermination
to the interested party's address of record, ascertain from the
department of state, the department of treasury, and the United
States Postal Service other known mailing addresses of the
interested party and send the determination or redetermination to
the most recent address.
(6) A claimant, employer, or interested party shall, during a
benefit year, notify the unemployment agency of a change in its
mailing address.
Enacting section 1. This amendatory act takes effect July 1,
2018.
Enacting section 2. This amendatory act does not take effect
unless all of the following bills of the 99th Legislature are
enacted into law:
(a) Senate Bill No.____ or House Bill No.____ (request no.
03872'17).
(b) Senate Bill No.____ or House Bill No.____ (request no.
03873'17).
(c) Senate Bill No.____ or House Bill No.____ (request no.
03876'17).
(d) Senate Bill No.____ or House Bill No.____ (request no.
03877'17).
(e) Senate Bill No.____ or House Bill No.____ (request no.
03878'17).
(f) Senate Bill No.____ or House Bill No.____ (request no.
03879'17).
(g) Senate Bill No.____ or House Bill No.____ (request no.
03880'17).
