Order Michigan Supreme Court
Lansing, Michigan
June 17, 2020 Bridget M. McCormack,
Chief Justice
160843-4 David F. Viviano,
Chief Justice Pro Tem
Stephen J. Markman
Brian K. Zahra
DEPARTMENT OF LICENSING AND Richard H. Bernstein
REGULATORY AFFAIRS/UNEMPLOYMENT Elizabeth T. Clement
INSURANCE AGENCY, Megan K. Cavanagh,
Justices
Appellee,
v SC: 160843
COA: 342080
Macomb CC: 2017-000125-AE
FRANK LUCENTE,
Claimant-Appellant,
and
DART PROPERTIES II, LLC,
Employer-Appellee.
_________________________________________/
DEPARTMENT OF LICENSING AND
REGULATORY AFFAIRS/UNEMPLOYMENT
INSURANCE AGENCY,
Appellee,
v SC: 160844
COA: 345074
Wayne CC: 18-003162-AE
MICHAEL HERZOG,
Claimant-Appellant,
and
CUSTOM FORM, INC.,
Employer-Appellee.
_________________________________________/
2
On order of the Court, the application for leave to appeal the October 15, 2019
judgment of the Court of Appeals is considered, and it is GRANTED. The time allowed
for oral argument shall be 20 minutes for each side. MCR 7.314(B)(1).
The parties shall address whether the Court of Appeals erred in its analysis of §§ 32,
32a, and 62 of the Michigan Employment Security Act of 1936 (MESA), MCL 421.1 et
seq., when it held that: (1) the Unemployment Insurance Agency is not required to comply
with the time requirements set forth in § 32a when seeking to recoup payment of
fraudulently obtained benefits under § 62 of the Act; and (2) the label that the agency used
on its decisions was not determinative of its ability to seek to recoup improperly obtained
benefits.
Persons or groups interested in the determination of the issues presented in this case
may move the Court for permission to file briefs amicus curiae.
I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the
foregoing is a true and complete copy of the order entered at the direction of the Court.
June 17, 2020
p0610
Clerk