HOUSE BILL NO. 5664

A bill to amend 1936 (Ex Sess) PA 1, entitled

"Michigan employment security act,"

by amending section 9 (MCL 421.9).

the people of the state of michigan enact:

Sec. 9. (1) The commission may by itself, unemployment agency or by its duly appointed authorized agents , may examine or copy the books, records, and papers of any an employing unit relating to any requirement pertaining to this act. Any member of the commission However, the unemployment agency or its duly authorized agents shall not require that an employing unit provide a book, record, or paper for examining or copying in a form other than the form in which the book, record, or paper then exists. The unemployment agency or its duly authorized agents may issue a subpoena requiring any person to appear before the commission, unemployment agency or its duly authorized agent at any reasonable time and place, and be examined with reference to any matter within the scope of the inquiry or investigation being conducted by the commission unemployment agency, and to produce any books, records, or papers pertaining to the question involved. Any member of the commission The unemployment agency or its duly authorized agents may administer an oath or affirmation to a witness in any matter before the commission, unemployment agency, certify to official acts, and take depositions. In case of disobedience of a subpoena, the commission, unemployment agency, or the party on whose behalf it was issued, may invoke the aid of any circuit court of the this state in requiring the attendance and testimony of witnesses and the production of books, records, and papers pertaining to the question involved. And any of the A circuit courts court of the this state within the jurisdiction of which such inquiry is carried on may, in case of contumacy or refusal to obey a subpoena, issue an order requiring such person to appear before said commission the unemployment agency or its duly authorized agents, and to produce books, records, and or papers, if so ordered, and or give evidence touching the matter in question. ; and any A failure to obey such an order of the court may be punished by such that court as a contempt thereof.

(2) No person shall be A person is not excused from testifying or from producing any books, records, or papers in any investigation, or upon any hearing, when ordered to do so by the commission, unemployment agency or its duly authorized agents, upon the ground that the testimony or evidence, documentary or otherwise, may tend to incriminate him the person or subject him the person to a criminal penalty. ; but no However, a person shall must not be prosecuted or subjected to any criminal penalty for, or on account of, any transaction made or thing concerning which he the person is compelled, upon the claiming of his or her privilege to testify. No person A person so testifying shall be is not exempt from prosecution and punishment for perjury committed in so testifying.