Mich. Admin. Code R. 38.143

Current through Vol. 24-21, December 1, 2024
Section 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.

Mich. Admin. Code R. 38.143

1998-2000 AACS; 2020 MR 3, Eff. 2/6/2020