Some Final Words

The best advice for parties appearing before an Administrative Law Judge (ALJ) is to be prepared for the hearing:

1. Know what the issue (question) before the ALJ will be. It is indicated in the Notice of Hearing. Also, read the important information on the back of the Notice of Hearing.

2. Know who has the burden of proof.

3. Know what has to be proved in order to carry that burden of proof.

4. Review the file in advance, so that you can plan the major points you wish to make, and can plan the questions you wish to ask the other party.

5. Bring to the hearing the necessary papers, and witnesses. Make sure that the witnesses are persons who can offer testimony of their own knowledge.

6. Arrive at the hearing on time.

If the decision of the ALJ is not in your favor, you may either request a rehearing before the ALJ (for example, if you have additional facts that were not available to you at the original hearing), or you may appeal the ALJ's decision to the Michigan Employment Security Board of Review, which is a separate agency from the UIA. The time limits for filing either a request for rehearing before the ALJ, or an appeal to the Board, are described on the last page of the ALJ decision. Make sure you file within the time limits given. If your request for rehearing or appeal is late, you will have to request a reopening of the case before the ALJ, who will then have to decide whether you had "good cause" for being late.

When it receives an appeal, the Board of Review reviews the transcript of the ALJ hearing, which is the written form of the tape recording made at the hearing. The Board will then decide whether the ALJ properly weighed the facts presented at the hearing, and properly applied the law to the facts. Occasionally, if requested by the parties, the Board of Review will allow parties to appear in person before the Board to present an oral argument.

In addition, the UIA welcomes your comments about your ALJ hearing. Please direct your comments, in writing, to the Director, Unemployment Insurance Agency, 3024 W. Grand Blvd., Detroit, Michigan 48202

The following is the definition of misconduct adopted by the Michigan Supreme Court in the case of Carter v Employment Security Commission, 364 Mich 538, 541(1961):

"[Misconduct in an unemployment compensation case is] ... conduct evincing such wilful or wanton disregard of an employer's interests as is found in deliberate violations or disregard of standards of behavior which the employer has the right to expect of his employee, or in carelessness or negligence of such degree or recurrence as to manifest equal culpability, wrongful intent or evil design, or to show an intentional and substantial disregard of the employer's interests or of the employee's duties and obligations to his employer. On the other hand, mere inefficiency, unsatisfactory conduct, failure in good performance as the result of inability or incapacity, inadvertencies or ordinary negligence in isolated instances, or good-faith errors in judgment or discretion are not to be deemed 'misconduct' within the meaning of the statute."