What the law says: This matter is covered by Sections 34, 35, and 36 of the Michigan Employment Security Act, and by the “Rules of Practice Before Administrative Law Judges and MES Board of Review.”

The law says that any party that loses their case before the Administrative Law Judge has a right to appeal the Administrative Law Judge’s decision to the Michigan Employment Security Board of Review. The Board of Review is a separate agency from the UIA. An appeal to the Board must be in writing. It must be received by the Board by the end of the 30th day after the Administrative Law Judge’s decision or order was issued.

The Board must review the written transcript made from the tape recording of the Administrative Law Judge hearing, and any exhibits. Transcripts are provided to the parties free of charge. The Board will then either affirm (agree with), modify (change the reasons and/or partly change the result), or reverse (disagree with) the Administrative Law Judge decision. The Board may remand (send back) the case to the Administrative Law Judge for a further hearing in order to obtain more facts necessary to decide the case.

The Board of Review does not generally conduct a new hearing concerning the facts of the case. After the redetermination is issued, the Administrative Law Judge hearing is usually the last level in the appeal process where the parties provide evidence that will be used by the Board of Review and courts for later appeals.

The purpose of the Board’s review of a case is first to determine if the Administrative Law Judge made correct findings of fact based on the evidence presented. The Board is not required to agree with the Administrative Law Judge’s findings. Secondly, the Board determines if the Administrative Law Judge correctly applied the law as provided in the Michigan Employment Security Act and precedent court decisions, to those facts.

Oral Argument
A party appealing a case to the Board of Review may make a written request that the Board conduct an “oral hearing” in addition to reviewing the written transcript and exhibits of the Administrative Law Judge hearing. The Board grants such a request only in rare cases. The written request for oral hearing must be received by the Board of Review not later than the 20th day after the Board mails the parties a copy of the transcript of the Administrative Law Judge hearing. The Board will then decide whether or not to grant the request for oral argument. A Board of Review hearing, if held, is usually not a new opportunity for the parties to present the facts of their case, but is for the purpose of presenting argument as to whether the Administrative Law Judge decision is correct or incorrect.

Written Argument
Generally, a party will only be permitted to submit a written argument if all parties agree that the Board may consider written argument, or if all parties are represented by an attorney or other agent, or if the Board orders oral argument or evidence to be produced.

A decision of the Board of Review can be appealed by the losing party to circuit court. The appeal period to circuit court is 30 days.

Further, an Administrative Law Judge decision can be appealed directly to circuit court, thereby bypassing the Board of Review altogether, if certain conditions are met.

For Further Help: The Unemployment Insurance Agency(UIA) Advocacy Program can provide assistance to employers and unemployed workers in preparing for Administrative Law Judge and Board of Review hearings. Call 1-800-638-3994.

The information on this sheet is intended to provide a general understanding of the subject matter. It does not have the force of law or regulation.