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Shank v Kelly Health Care 16.37

Section 33

PROCEDURE, Evidence, Hearsay, Admissible evidence

CITE AS: Shank v Kelly Health Care, No. 95069, (Mich App September 11, 1987).

Appeal pending: No

Claimant: Michael Shank

Employer: Kelly Health Care

Docket No: B84 06896 97086W

COURT OF APPEALS HOLDING: Hearsay evidence is admissible in an administrative contested case, particularly if the evidence is from records prepared for a business purpose.

FACTS: At the Referee hearing the employer had a witness testify from her summation of the employer's business records (claimant's personnel file) to establish the nature and reason for the claimant's termination. Also, the witness offered some direct testimony from personal knowledge of the events in issue.

DECISION: Affirmed the Circuit Court decision holding claimant disqualified pursuant to Section 29(1)(a) of the Act.

RATIONALE: "The standard for admission of evidence in administrative proceedings is not the same as those in a court of law .... In an administrative contested case, any evidence may be admitted and given probative effect if it is of a type commonly relied upon by reasonably prudent men in the conduct of their affairs."


3, 11:C

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