EXECUTIVE ORDER No. 2009 - 53

AMENDMENT OF EXECUTIVE ORDER 2003-18
DEPARTMENT OF ENERGY, LABOR, AND ECONOMIC GROWTH
EXECUTIVE REORGANIZATION

WHEREAS, Section 1 of Article V of the Michigan Constitution of 1963 vests the executive power of the State of Michigan in the Governor;

WHEREAS, Section 2 of Article V of the Michigan Constitution of 1963 empowers the Governor to make changes in the organization of the executive branch of state government or in the assignment of functions among its units that the Governor considers necessary for efficient administration;

WHEREAS, under Executive Order 2003-18, MCL 445.2011, the membership of the Worker's Compensation Board of Magistrates was reduced from 30 members to 26 members;

WHEREAS, productivity and caseload justify a further reduction in the number of members of the Worker's Compensation Board of Magistrates, which will contribute to a smaller and more efficient state government;

WHEREAS, there is a continuing need to reorganize functions amongst state departments to ensure efficient administration and effectiveness of government;

NOW, THEREFORE, I, Jennifer M. Granholm, Governor of the State of Michigan, by virtue of the power and authority vested in the Governor by the Michigan Constitution of 1963 and Michigan law, order the following:

A. Section II.Q.1 of Executive Order 2003-18, MCL 445.2011, is amended to read to read as follows:
"The number of members constituting the Worker's Compensation Board of Magistrates established under Section 213 of the Worker's Disability Compensation Act of 1969, 1969 PA 317, MCL 418.213, is reduced from 30 members to 26 members, beginning on December 7, 2003.  From December 7, 2003, until January 26, 2010, the Board of Magistrates shall consist of 26 members.  After January 26, 2010, the Board of Magistrates shall consist of 17 members.  The Governor shall designate a member of the Board of Magistrates as the Chairperson of the Worker's Compensation Board of Magistrates, who shall serve as Chairperson of the Board of Magistrates at the pleasure of the Governor."

B. Any suit, action, or other proceeding lawfully commenced by, against, or before any entity affected by this Order shall not abate by reason of the taking effect of this Order.  Any suit, action, or other proceeding may be maintained by, against, or before the appropriate successor of any entity affected by this Order.

C. All rules, regulations, orders, contracts, and agreements relating to any functions transferred under this Order lawfully adopted prior to the effective date of this Order shall continue to be effective until revised, amended, repealed, or rescinded.

D. This Order shall not abate any criminal action commenced by this state prior to the effective date of this Order.

E. The invalidity of any portion of this Order shall not affect the validity of the remainder of the Order, which may be given effect without any invalid portion.  Any portion of this Order found invalid by a court or other entity with proper jurisdiction shall be severable from the remaining portions of this Order.

In fulfillment of the requirements under Section 2 of Article V of the Michigan Constitution of 1963, the provisions of this Order are effective 60 days after the filing of this Order.

Given under my hand and the Great Seal of the State of Michigan this 29th day of October in the year of our Lord, two thousand nine.

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JENNIFER M. GRANHOLM
GOVERNOR

BY THE GOVERNOR:
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SECRETARY OF STATE