Mich. Admin. Code R. 38.143 - Claim of appeal
Rule 13.
(1) To
contest a controlling board's decision over which the commission has
jurisdiction, an appellant shall do both of the following not later than 20
days after receipt of the controlling board's decision and notice of tenure
rights:
(a) On or before the close of business
on the final day of the 20-day period, file a claim of appeal with the
commission by personal delivery, by mail as defined in
R
38.146(2), or by electronic
submission as defined in
R
38.131. In all cases, the commission shall receive the
claim of appeal in its entirety before the close of business on the final day
of the 20-day period.
(b) On or
before the close of business on the final day of the 20-day period, serve a
copy of the claim of appeal on the controlling board by personal delivery, by
mail as defined in
R
38.146(2), or by electronic
submission as defined in
R
38.131, with a statement that the controlling board
shall file an answer to the claim of appeal not later than 10 days after
service of the claim of appeal.
(2) A claim of appeal must contain all of the
following:
(a) A statement showing that the
commission has jurisdiction to consider the claim of appeal, including when and
where the appellant earned tenure.
(b) A clear and concise statement in separate
numbered paragraphs of specific allegations of fact that reasonably inform the
controlling board of the nature of the appellants claim.
(c) A clear and concise description in
separate numbered paragraphs of specific allegations of error that reasonably
inform the controlling board of the nature of the appellants claim.
(d) A statement of the relief
requested.
(e) The date of the
claim of appeal.
(f) The signature
of the appellant or attorney.
(g)
The name; complete physical address and, if different, mailing address;
telephone number; facsimile number, if available; and email address of the
appellant or attorney.
(3) A template of a claim of appeal is
available on the commissions website at:
www.michigan.gov/adminlaw.
(4) As applicable, an appellant shall attach
to the claim of appeal a copy of the charges and a copy of the written decision
of the controlling board.
(5) An
appellant shall file with the commission a proof of service, as described in
R 38.146(3), showing
compliance with subrule (1)(b) of this rule.
Notes
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