Michigan Laws 418.212 – Evaluating performance of worker’s compensation magistrate; frequency; criteria; report; removal; recommendations
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Terms Used In Michigan Laws 418.212
- Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
- director: means the director of the bureau or his or her duly authorized representative. See Michigan Laws 418.201
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Freedom of Information Act: A federal law that mandates that all the records created and kept by federal agencies in the executive branch of government must be open for public inspection and copying. The only exceptions are those records that fall into one of nine exempted categories listed in the statute. Source: OCC
(1) The executive director of the Michigan administrative hearing system and the chair of the worker’s compensation board of magistrates, in consultation, shall annually evaluate the performance of each worker’s compensation magistrate. The evaluation shall be based upon at least the following criteria:
(a) The rate of affirmance by the Michigan compensation appellate commission of the worker’s compensation magistrate’s opinions and orders.
(b) Productivity including reasonable time deadlines for disposing of cases and adherence to established productivity standards.
(c) Manner in conducting hearings.
(d) Knowledge of rules of evidence as demonstrated by transcripts of the hearings conducted by the worker’s compensation magistrate.
(e) Knowledge of the law.
(f) Evidence of any demonstrable bias against particular defendants, claimants, or attorneys.
(g) Written surveys or comments of all interested parties. Information obtained under this subdivision is exempt from disclosure under the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.
(2) Upon completing an evaluation under this section, the executive director of the Michigan administrative hearing system shall submit a written report including any supporting documentation to the director of the department of licensing and regulatory affairs regarding that evaluation, which may include recommendations with regard to 1 or more of the following:
(a) Retention.
(b) Suspension.
(c) Removal.
(d) Additional training or education.
(3) The governor may remove a magistrate upon recommendation by the director of the department of licensing and regulatory affairs based upon recommendations in a report under subsection (2) or upon other neglect of duties.