Sec. 35.

(1) The board of review may on its own motion affirm, modify, set aside, or reverse a decision or order of a referee on the basis of the evidence previously submitted in the case; direct the taking of additional evidence; or permit a party to the decision or order to initiate further appeals before it. The board of review shall permit a further appeal by a party interested in a decision or order of a referee or by the commission if its initial ruling has been overruled or modified by a referee. The board of review may remove to itself or transfer to another referee the proceedings on an appeal, rehearing, or review pending before a referee. The board of review shall promptly notify the interested parties of its findings and decisions.

(2) A member of the board of review may administer oaths; take depositions; and issue and enforce subpoenas requiring a person to appear before it and be examined with reference to a matter within the scope of the inquiry or investigation being conducted by the board, and to produce books, records, and papers in the same manner as provided in section 9 with respect to the issuance of a subpoena by a member of the commission.

(3) A board of review is created as an autonomous entity within the department of labor, effective January 1, 1978. Except as provided in subsection (4), the board of review shall consist of 5 members appointed by the governor, with the advice and consent of the senate. Except for the members first appointed, the term of a member appointed under this subsection is 4 years or until a successor is appointed and confirmed. Two of these members shall be representative of employee interests in the state; 2 members shall be representative of employer interests in the state; and 1 member shall be a representative of the general public and shall serve as chairperson. Of the members first appointed under this subsection, 1 representing the employee interests and 1 representing the employer interests shall be appointed for 4 years. Of the members first appointed under this subsection, 1 representing the employee interests and 1 representing the employer interests shall be appointed for 2 years. The first member appointed representing the general public shall be appointed for 3 years. A vacancy shall be filled in the same manner as the original appointment, and a vacancy occurring during a term of office shall be filled by appointment for the remainder of the unexpired term. The Michigan employment security appeal board is abolished upon the creation of the board of review. A case pending at the time that board is abolished shall be transferred to and continued by the board of review.

(4) In addition to the 5 members of the board of review as provided for in subsection (3), the governor shall fill 2 temporary positions with the advice and consent of the senate, effective February 1, 1981 to April 1, 1987. One member shall be representative of employee interests in the state, and 1 member shall be representative of employer interests in the state. If a member for any reason is not able to serve his or her 4-year term, the vacancy shall be filled in the same manner as the original appointment for the remainder of the unexpired term.

(5) Each member appointed to the board under this section, except for the member representing the general public, shall have 1 of the following types of experience:

(a) Three years of experience in the aggregate as a Michigan employment security referee or as an attorney practicing before the commission, its referees, or the board.

(b) Three years of experience as an employer representative or employee representative, or as an agent of employee or employer interests responsible for commission matters.

(6) The member representing the general public shall not have been an employer representative or employee representative in the 5 years immediately preceding the member’s appointment.

(7) A member of the board shall not participate in a case in which the member is an interested party or in which the member previously participated. A member of the board shall devote his or her full time to the functions of the board. Each member shall personally perform the duties of the office during the hours generally worked by other officers and employees of the executive department of the state.

(8) The annual salary of the members of the board and the schedule for reimbursement of expenses shall be established annually by the legislature. The salaries and expenses shall be paid from the administration fund.

(9) Within 6 months after the end of each fiscal year, the board of review shall submit to the senate and house committees that have the responsibility for employment security legislation a report covering the number of cases that were processed each month during the preceding fiscal year and the backlog of cases, if any, that existed at the end of each month of the preceding fiscal year.

History: 1936, Ex. Sess., Act 1, Imd. Eff. Dec. 24, 1936 ;– Am. 1937, Act 347, Imd. Eff. Aug. 5, 1937 ;– Am. 1941, Act 364, Imd. Eff. July 1, 1941 ;– CL 1948, 421.35 ;– Am. 1949, Act 282, Imd. Eff. June 11, 1949 ;– Am. 1951, Act 251, Imd. Eff. June 17, 1951 ;– Am. 1959, Act 270, Imd. Eff. Oct. 30, 1959 ;– Am. 1964, Act 231, Eff. Aug. 28, 1964 ;– Am. 1965, Act 361, Imd. Eff. July 23, 1965 ;– Am. 1968, Act 338, Imd. Eff. July 19, 1968 ;– Am. 1975, Act 161, Imd. Eff. July 14, 1975 ;– Am. 1977, Act 52, Imd. Eff. July 5, 1977 ;– Am. 1980, Act 358, Eff. Mar. 1, 1981 ;– Am. 1983, Act 164, Imd. Eff. July 24, 1983

Compiler’s Notes: For effective date of subsection (4), see MCL 421.70.