Mich. Admin. Code R. 421.10 - Disclosure of information

Rule 10.

(1) All information, files, and records of the Michigan employment security commission reflecting information obtained from an employing unit or individual pursuant to administration of the act by the commission or its agents or representatives shall be held confidential and shall not be disclosed nor open to public or private inspection by anyone, except as hereinafter provided.

(2) Such information in possession of the commission as may affect a claim for benefits, affect a charge to an employer's account, or be necessary for proper presentation of a case in any hearing before the commission, a referee, or the board of review, upon request by an interested party, shall be made available to such interested party for examination at an office of the commission by him or his duly authorized representative who has supplied the commission with satisfactory proof of authorization and identity. Copies of such information shall be furnished to the interested party upon request, pursuant to Act No. 442 of the Public Acts of 1976, as amended, being S15.231 et seq. of the Michigan Compiled Laws, and known as the freedom of information act. A duly licensed attorney-at-law who states that he represents a claimant or an employing unit that is an interested party is not required to furnish proof of authorization.

(3) No information shall be released to any of the agencies, bureaus, or departments specified in section 11(b) of the act, unless a written request has been first submitted to the commission stating the specific information desired, the specific purpose for which the information is to be used, and the name of any person authorized by the principal to receive the information from the commission.

(4) Information shall be released to a college, university, and public agency of this state only as specified in section 11(b) of the act for use in connection with research projects of a public service nature and only after a written request, signed by the administrative head, or his delegated representative, of the college, university, or public agency, as required by the commission, is submitted to the commission and the commission is assured the information shall not be made public in any way identifying any individual or employing unit from or concerning which the information was obtained by the commission. The request shall contain a complete statement as to the nature of the information requested, the public service objective for which the request has been made, the prospective use of the information, and the manner in which it will be made public.

(5) The individual signing the request for confidential information shall certify to all of the following:

(a) That the requested information is for and to be used by the college, university, or public agency pursuant to the relevant provisions in the act.

(b) That he is empowered by the college, university, or public agency he represents to commit his principal for expenses which may be incurred by the commission in fulfilling the request.

(c) If reports based on the information are to be published, the college, university, or public agency shall submit the reports to the commission for review so that the commission may ascertain and assure that the confidentiality provisions of the act or applicable federal statutes or standards are not violated.

(d) That he is aware of the penalties provided in the act for the unauthorized or improper use of the information.

(6) The commission shall decide the feasibility of supplying such information based on the staff time available and the current workload of the commission and shall require reimbursement on a cost basis for supplying or preparing the information.

(7) Nothing in this rule shall be construed to prohibit publication by the commission of statistical data or other information in the interest of the public, not disclosing the identity of any individual or employing unit, or under the same limitation, to prohibit the commission, pursuant to section 4 of the act, from making available to the public upon request, statements of any and all informal rules or criteria of decisions, administrative policies, or interpretations and the like which are or may be utilized by the commission, its agents, or employees in any manner in the performance of their administrative duties. With regard to the disclosure of aggregated information obtained from employing units, information shall be deemed confidential if there are fewer than 3 establishments in the aggregation or if any 1 establishment represents 80% or more of the total employment in the aggregation.

Notes

Mich. Admin. Code R. 421.10

1979 AC; 1980 AACS