Unemployment insurance agency; subpoenas, issuance; enforcement; immunity.

Sec. 9.

(1) The unemployment insurance agency or its duly appointed agents may examine or copy the books, records, and papers of any employing unit relating to any requirement pertaining to this act. Any member of the unemployment insurance agency or its duly authorized agents may issue a subpoena that requires any person to do any of the following:

(a) Appear before the unemployment insurance agency or its duly authorized agents at any reasonable time and place.

(b) Be examined with reference to any matter within the scope of the inquiry or investigation being conducted by the unemployment insurance agency.

(c) Produce any books, records, or papers pertaining to the question involved.

(2) Any member of the unemployment insurance agency or its duly authorized agents may administer an oath or affirmation to a witness in any matter before the unemployment insurance agency, certify to official acts, and take depositions.

(3) If a person disobeys a subpoena, the unemployment insurance agency or the party on whose behalf the subpoena was issued may invoke the aid of any circuit court of this state to require the attendance and testimony of witnesses and the production of books, records, and papers pertaining to the question involved. Any of the circuit courts of this state within the jurisdiction of which the inquiry is carried on may, if the refusal to obey a subpoena continues, issue an order requiring the person to appear before the unemployment insurance agency or its duly authorized agents and to produce books, records, and papers if so ordered and give evidence touching the matter in question. The circuit court may punish any failure to obey its order as a contempt of court.

(4) An individual 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 unemployment insurance agency or its duly authorized agents, on the ground that the testimony or evidence, documentary or otherwise, may tend to incriminate the individual or subject the individual to a criminal penalty. An individual must not be prosecuted or subjected to any criminal penalty for, or on account of, any transaction made or thing concerning which the individual is compelled, upon the claiming of the individual's privilege to testify. An individual who testifies is not exempt from prosecution and punishment for perjury committed in testifying.

History: 1936, Ex. Sess., Act 1, Imd. Eff. Dec. 24, 1936; CL 1948, 421.9; Am. 1951, Act 251, Imd. Eff. June 17, 1951; Am. 1970, Act 14, Imd. Eff. Apr. 14, 1970; Am. 2024, Act 240, Eff. Apr. 2, 2025