Rule 7.116 Appeals Under the Michigan Employment Security Act

(A)   Scope. This rule governs appeals to the circuit court under the Michigan Employment Security Act, MCL 421.1 et seq. Unless this rule provides otherwise, MCR 7.101 through 7.115 apply.

(B)   Time Requirements. An appeal of right from an order or decision of the Michigan Compensation Appellate Commission must be taken within 30 days after the mailing of the commission’s decision.

(C)   Manner of Filing. Except as provided in subrule (B), the claim of appeal shall conform with MCR 7.104 and must include statements of jurisdiction and venue. In addition, proof that the claim of appeal was served on the Michigan Compensation Appellate Commission and all interested parties must be filed in the circuit court. The unemployment agency is a party to any appeal under MCL 421.38(3), but the Michigan Compensation Appellate Commission is not a party to the appeal.

(D)   Venue. Venue is determined under MCL 421.38(1).

(E)   Appearance of Appellee. Within 14 days after service of the claim of appeal, the appellee must file an appearance in the circuit court.

(F)   Record on Appeal. Within 42 days after the claim of appeal is served on the Michigan Compensation Appellate Commission, or within further time as the circuit court allows, the Michigan Compensation Appellate Commission must transmit to the clerk of the circuit court a certified copy of the record of proceedings before the administrative law judge and the Michigan Compensation Appellate Commission. The Michigan Compensation Appellate Commission must notify the parties that the record was transmitted.

(G)   Standard of Review and Decision on Appeal. Under MCL 421.38, the circuit court may reverse an order or decision of the Michigan Compensation Appellate Commission only if it finds that the order or decision is contrary to law or is not supported by competent, material, and substantial evidence on the whole record. In all other respects, MCR 7.114 applies.