On order of the Court, the application for leave to appeal the December 12, 2006 order of the Court of Appeals is considered and, pursuant to MCR 7.302(G)(1), in lieu of granting leave to appeal, we REMAND this case to the Court of Appeals for consideration as on leave granted. We note that a similar issue is presented in Dykstra v. Department of Labor & Economic Growth, ___ Mich. ___,
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