DEPARTMENT OF LABOR AND ECONOMIC GROWTH

                 WORKER'S COMPENSATION BOARD OF MAGISTRATES

                              GENERAL RULES

(By authority conferred on the  director  of  the  department  of  labor  and 
economic growth by section 213 of 1969 PA 317, and  Executive  Reorganization 
Orders No.1996-2,   2002-1,  and  2003-1,  MCL  418.213,  MCL  445.2001,  MCL 
445.2004, MCL 445.2011 of the Michigan Compiled Laws)



R 418.51   Applicability.
  Rule 1. These rules apply to practice and procedures  before  the  worker's 
compensation board of magistrates.

  History:  1996 AACS.


R 418.52   Hearing district explained.
  Rule 2. A hearing district is an area of the state served by  1   or   more 
magistrates as designated by the chairperson of the board of  magistrates.

  History:  1996 AACS.


R 418.53   Appearances.
  Rule 3. Unless otherwise indicated by the  magistrate,   the   parties   or 
their attorneys shall personally appear at all pretrials   or   hearings   as 
may be scheduled. The parties  and  their  attorneys  shall   appear   at   a 
hearing date as may be scheduled and shall be ready to proceed as directed by 
the magistrate. Failure of the petitioner or the  petitioner's   attorney  to 
appear in a timely manner and participate  in  a  pretrial  or  hearing   may 
subject the application for hearing to dismissal. If the  respondent  or  the 
respondent's attorney fails to appear in a timely manner for  a  pretrial  or 
hearing, then the magistrate may proceed in the absence of the  respondent or 
the respondent's attorney.

  History:  1996 AACS.


R 418.54   Case  resolution  by  order  and   opinion;  attorney    briefs;   
correction of mistakes in order or opinion.
  Rule 4. (1) A case that is assigned to a magistrate shall be resolved by an 
order and, when applicable, an  opinion.  A   magistrate   may   direct   the 
attorneys to furnish briefs. The order and, when  applicable,   the   opinion 
shall be written within 42 days of the closing of the  record,  except  under 
extenuating circumstances as determined by the chairperson.
  (2) Within the appeal  period  provided,  a  magistrate   may   correct   a 
mistake in the order or opinion. Parties may stipulate  to  the   corrections 
pursuant to section 851 of Act No. 317 of the  Public  Acts   of   1969,   as 
amended, being S418.851 of the Michigan  Compiled   Laws.   Any   corrections 
shall require a corrected order or opinion, or both, and  shall  specify  the 
correction made.

  History:  1996 AACS.


R 418.55   Admission  of   records,    reports,    memorandum,    and    data 
compilation.
  Rule 5. (1) Not less than 42 days before a hearing, the party  intending to 
introduce the record,  memorandum,  report,   or   data   compilation   shall 
furnish copies to  all  parties  and  send  a  notice  of   intent   to   the 
magistrate. The opposing party shall  provide  written   objection   to   the 
proposed exhibit to all parties not less that 21 days before the  hearing.
An opposing party  may  schedule  cross-examination  in   response   to   the 
record, memorandum, report, or data  compilation  sought   to   be   admitted 
under this rule.
  (2) This rule shall not affect the magistrate's discretion   to   rule   on 
newly discovered evidence.

  History:  1996 AACS.


R  418.56   Subpoena; provision to opposing party;  submittal  of  subpoenaed 
records; disputes.
  Rule 6. (1) A subpoena shall be on an agency approved form and include  all 
of the following:
  (a) The party requesting a subpoena shall certify  that  the  matter  about 
which the subpoena is requested is pending before the agency.
  (b) A subpoena shall be fully completed before submission to  a  magistrate 
for signing.
  (c) The return date indicated on the subpoena shall  provide  a  reasonable 
time for compliance.
  (d) Magistrates  may sign a subpoena for a case that is assigned to another 
magistrate.
  (2) A copy of a subpoena issued by a  magistrate  in  accordance  with  MCL 
418.853 shall be provided to all parties, or their legal counsel, at the time 
of issuance.
  (3) The party for whom a subpoena is issued shall immediately do 1  of  the 
following:
  (a) Provide a complete copy of the records to all parties when received.
  (b) Make the records reasonably available for copying when received.
  (4) All  subpoenaed  records  shall  be  returned  directly  to  the  party 
requesting the records.
  (5) Only those records admitted into evidence by a magistrate at a  hearing 
shall be placed in the agency file or maintained by the agency.
  (6) Any dispute arising under this rule shall be brought by  motion  before 
the assigned magistrate and shall have a copy of the  subpoena  attached.   A 
copy of the motion and the subpoena shall be served on all parties, or  their 
counsel, and proof of service filed with the agency.

  History:  1996 AACS; 2007 MR 4, Eff. Feb. 21, 2007.


R 418.57   Disqualification of magistrate.
  Rule  7.  (1)  A  party  may  raise  the   issue    of    a    magistrate's 
disqualification by motion or a magistrate may raise the issue.
  (2) A magistrate is disqualified when the  magistrate  cannot   impartially 
hear a case, including a proceeding in which the magistrate  is  involved  in 
any of the following ways, or for any other reason is disqualified by law:
  (a) Is interested as a party.
  (b) Is personally biased  or  prejudiced  for  or  against   a   party   or 
attorney.
  (c) Has been consulted or employed as counsel.
  (d) Was a partner of a party, attorney for a party, or a member  of  a  law 
firm representing a party within the preceding 2 years.
  (e) Is within the third degree (civil law) of consanguinity or  affinity to 
a person acting as an attorney or within the sixth degree  (civil  law) to  a 
party.
  (f) Owns, or his or her spouse or  minor  child   owns,   a  stock,   bond, 
security, or other legal or equitable interest of a corporation  that  is   a 
party. This subdivision does not apply to any of the following:
  (i) Investments in securities traded on a securities exchange registered as 
a national securities exchange under the  securities  exchange  act  of 1934, 
15 U.S.C. S78 et seq.
  (ii) Shares in an investment company  registered   under   the   investment 
company act of 1940, 15 U.S.C. S80a-1 et seq.
  (iii) Securities of a public utility holding   company   registered   under 
the public utility holding company act of 1934, 15 U.S.C. S79 et seq.
  (3) A motion to disqualify shall be filed within 30 days  after  the   case 
has been assigned to a magistrate  or  within  10  days   after   the   party 
discovers,  or  with  reasonable  diligence  could   have   discovered,   the 
information that is the basis of the motion, whichever is later.
  (4) The motion of disqualification shall be stated  positively  and   shall 
set forth with particularity the  factors  that  would   be   admissible   as 
evidence to establish the grounds stated in the motion.  An  affidavit  shall 
accompany a motion.
  (5) The challenged magistrate shall decide the motion.  If  the  challenged 
magistrate denies the motion, then the challenging party may  ask  that   the 
motion be referred for decision to  another  magistrate   assigned   by   the 
chairperson, except as stated in subrule (6) of this rule.
  (6) If the motion is made  after  the  trial  has   commenced,   then   the 
challenged magistrate shall rule upon the motion. If the  motion  is  denied, 
then the trial shall be continued by the trial magistrate.
  (7) When a magistrate is  disqualified,  the   chairperson   shall   assign 
another magistrate to hear the case.

  History:  1996 AACS.


R 418.58   Extensions of time.
  Rule 8. The magistrate may grant extensions of time to a  party  to  comply 
with any of these rules for good cause shown.

  History:  1996 AACS.