Mich. Admin. Code R. 418.69 - Disqualification and recusal

Rule 9.

(1) A commissioner may be recused, or disqualified, from a case based on the existence of bias, prejudice, interest, or any other cause provided for in this rule.

(2) A commissioner may be recused in any proceeding in which the impartiality of the commissioner might reasonably be questioned, including, but not limited to, instances in which the commissioner:

(a) Has a personal bias or prejudice concerning a party or a party's attorney.

(b) Has personal knowledge of disputed evidentiary facts concerning the proceeding.

(c) Has been consulted or employed as an attorney in the matter in controversy.

(d) Is or was a party.

(e) Was, within the preceding 2 years, a partner of or in an employment relationship with a party.

(f) Was, within the preceding 2 years, attorney for a party or a member of a law firm representing a party.

(g) Has been a material witness concerning the matter in controversy.

(3) A commissioner may also be recused in any proceeding in which the commissioner, the commissioner's spouse, a person within the third degree of relationship to either of them, or the spouse of such a person is:

(a) A party to the proceeding, or an officer, director, or trustee of a party.

(b) Acting as a lawyer in the proceeding.

(c) Known by the commissioner to have a more than de minimis financial interest that could be substantially affected by the proceeding.

(d) To the commissioner's knowledge, likely to be a material witness in the proceeding.

(4) A commissioner may be disqualified for any other reason provided by law.

(5) A commissioner who would otherwise be recused under this rule may disclose to the parties in writing the basis of disqualification and may ask the parties and their attorneys to consider, outside the commissioner's presence, whether they wish to waive disqualification. If following disclosure of any basis for disqualification other than personal bias or prejudice concerning a party, all parties agree that the commissioner should not be disqualified, the commissioner may participate in the proceeding. The existence of the agreement must be incorporated into the hearing record.

(6) Any party seeking to disqualify a commissioner shall so move within 30 days after receiving notice that the commissioner will participate in the proceeding or upon discovering facts establishing grounds for disqualification, whichever is later. A motion for recusal must be made in writing and accompanied by an affidavit setting forth definite and specific allegations demonstrating the facts upon which the motion for disqualification is based. An untimely motion may be granted for good cause shown. If a motion is not timely filed, the commission may consider the untimeliness in deciding whether to grant the motion.

(7) The challenged commissioner shall decide the motion. If the challenged commissioner denies the motion, the challenging party may, within 14 days, submit to the challenged commissioner or the commission chairperson a request that the motion be referred for decision to another commissioner assigned by the chairperson subject to the following:

(a) If the chairperson is the challenged commissioner or if the chairperson has an acknowledged conflict of interest, the commissioner whose participation is not being challenged shall decide the motion.

(b) If the challenged commissioner is the only commissioner with no acknowledged conflict of interest, the motion must be referred to the workers' compensation board of magistrates for decision by either the chairperson or another magistrate designated by the chairperson.

(c) Consideration of a referred motion shall be de novo .

Notes

Mich. Admin. Code R. 418.69

2021 MR 21, Eff. 11/12/2021