reglab/housing_qa huggingface dataset:
MI Comp L § 24.285 (2021)
2021 Michigan Compiled Laws|Chapter 24 - Printing and State Documents|Act 306 of 1969 - Administrative Procedures Act of 1969 (24.201 - 24.328)|306-1969-4 - Chapter 4 Procedures in Contested Cases (24.271...24.288)|Section 24.285 - Final Decision and Order.

24.285 Final decision and order. Sec. 85.  A final decision or order of an agency in a contested case shall be made, within a reasonable period, in writing or stated in the record and shall include findings of fact and conclusions of law separated into sections captioned or entitled "findings of fact" and "conclusions of law", respectively. Findings of fact shall be based exclusively on the evidence and on matters officially noticed. Findings of fact, if set forth in statutory language, shall be accompanied by a concise and explicit statement of the underlying facts supporting them. If a party submits proposed findings of fact that would control the decision or order, the decision or order shall include a ruling upon each proposed finding. Each conclusion of law shall be supported by authority or reasoned opinion. A decision or order shall not be made except upon consideration of the record as a whole or a portion of the record as may be cited by any party to the proceeding and as supported by and in accordance with the competent, material, and substantial evidence. A copy of the decision or order shall be delivered or mailed immediately to each party and to his or her attorney of record. History: 1969, Act 306, Eff. July 1, 1970 ;-- Am. 1970, Act 40, Imd. Eff. July 1, 1970 ;-- Am. 1993, Act 83, Eff. Apr. 1, 1994 Popular Name: Act 306Popular Name: APA
MI Comp L § 24.286 (2021)
2021 Michigan Compiled Laws|Chapter 24 - Printing and State Documents|Act 306 of 1969 - Administrative Procedures Act of 1969 (24.201 - 24.328)|306-1969-4 - Chapter 4 Procedures in Contested Cases (24.271...24.288)|Section 24.286 - Official Records of Hearings.

24.286 Official records of hearings. Sec. 86.  (1) An agency shall prepare an official record of a hearing which shall include:  (a) Notices, pleadings, motions and intermediate rulings.  (b) Questions and offers of proof, objections and rulings thereon.  (c) Evidence presented.  (d) Matters officially noticed, except matters so obvious that a statement of them would serve no useful purpose.  (e) Proposed findings and exceptions.  (f) Any decision, opinion, order or report by the officer presiding at the hearing and by the agency.  (2) Oral proceedings at which evidence is presented shall be recorded, but need not be transcribed unless requested by a party who shall pay for the transcription of the portion requested except as otherwise provided by law. History: 1969, Act 306, Eff. July 1, 1970 Popular Name: Act 306Popular Name: APA
MI Comp L § 24.287 (2021)
2021 Michigan Compiled Laws|Chapter 24 - Printing and State Documents|Act 306 of 1969 - Administrative Procedures Act of 1969 (24.201 - 24.328)|306-1969-4 - Chapter 4 Procedures in Contested Cases (24.271...24.288)|Section 24.287 - Rehearings.

24.287 Rehearings. Sec. 87.  (1) An agency may order a rehearing in a contested case on its own motion or on request of a party.  (2) Where for justifiable reasons the record of testimony made at the hearing is found by the agency to be inadequate for purposes of judicial review, the agency on its own motion or on request of a party shall order a rehearing.  (3) A request for a rehearing shall be filed within the time fixed by this act for instituting proceedings for judicial review. A rehearing shall be noticed and conducted in the same manner as an original hearing. The evidence received at the rehearing shall be included in the record for agency reconsideration and for judicial review. A decision or order may be amended or vacated after the rehearing. History: 1969, Act 306, Eff. July 1, 1970 ;-- Am. 1970, Act 40, Imd. Eff. July 1, 1970 Popular Name: Act 306Popular Name: APA
MI Comp L § 24.288 (2021)
2021 Michigan Compiled Laws|Chapter 24 - Printing and State Documents|Act 306 of 1969 - Administrative Procedures Act of 1969 (24.201 - 24.328)|306-1969-4 - Chapter 4 Procedures in Contested Cases (24.271...24.288)|Section 24.288 - Contested Case for Permit Under MCL 324.1301.

24.288 Contested case for permit under MCL 324.1301.Sec. 88.  In a contested case regarding a permit, as that term is defined in section 1301(g) of the natural resources and environmental protection act, 1994 PA 451, MCL 324.1301, the designation of a presiding officer, the effect of a decision by a presiding officer, the availability of other administrative remedies, and judicial review are controlled by sections 1315 and 1317 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.1315 and 324.1317. History: Add. 2018, Act 267, Imd. Eff. June 29, 2018 Popular Name: Act 306Popular Name: APA
MI Comp L § 24.291 (2021)
2021 Michigan Compiled Laws|Chapter 24 - Printing and State Documents|Act 306 of 1969 - Administrative Procedures Act of 1969 (24.201 - 24.328)|306-1969-5 - Chapter 5 Licenses (24.291...24.292)|Section 24.291 - Licensing; Applicability of Contested Case Provisions; Expiration of License.

24.291 Licensing; applicability of contested case provisions; expiration of license. Sec. 91.  (1) When licensing is required to be preceded by notice and an opportunity for hearing, the provisions of this act governing a contested case apply.  (2) When a licensee makes timely and sufficient application for renewal of a license or a new license with reference to activity of a continuing nature, the existing license does not expire until a decision on the application is finally made by the agency, and if the application is denied or the terms of the new license are limited, until the last day for applying for judicial review of the agency order or a later date fixed by order of the reviewing court. This subsection does not affect valid agency action then in effect summarily suspending such license under section 92.  History: 1969, Act 306, Eff. July 1, 1970 Popular Name: Act 306Popular Name: APA
MI Comp L § 24.292 (2021)
2021 Michigan Compiled Laws|Chapter 24 - Printing and State Documents|Act 306 of 1969 - Administrative Procedures Act of 1969 (24.201 - 24.328)|306-1969-5 - Chapter 5 Licenses (24.291...24.292)|Section 24.292 - License; Suspension, Revocation, and Amendment Proceedings; Summary Suspension.

24.292 License; suspension, revocation, and amendment proceedings; summary suspension.Sec. 92.  (1) Before beginning proceedings for the suspension, revocation, annulment, withdrawal, recall, cancellation or amendment of a license, an agency shall give notice, personally or by mail, to the licensee of facts or conduct that warrants the intended action. The licensee shall be given an opportunity to show compliance with all lawful requirements for retention of the license except as otherwise provided in any of the following:  (a) The support and parenting time enforcement act, 1982 PA 295, MCL 552.601 to 552.650.  (b) The regulated occupation support enforcement act, 1996 PA 236, MCL 338.3431 to 338.3436.  (c) Section 41309 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.41309.  (2) If the agency finds that the public health, safety or welfare requires emergency action and incorporates this finding in its order, summary suspension of a license may be ordered effective on the date specified in the order or on service of a certified copy of the order on the licensee, whichever is later, and effective during the proceedings. The proceedings shall be promptly commenced and determined. History: 1969, Act 306, Eff. July 1, 1970 ;-- Am. 1970, Act 40, Imd. Eff. July 1, 1970 ;-- Am. 1996, Act 237, Eff. Jan. 1, 1997 ;-- Am. 2014, Act 540, Eff. Apr. 15, 2015 Popular Name: Act 306Popular Name: APA
MI Comp L § 24.301 (2021)
2021 Michigan Compiled Laws|Chapter 24 - Printing and State Documents|Act 306 of 1969 - Administrative Procedures Act of 1969 (24.201 - 24.328)|306-1969-6 - Chapter 6 Judicial Review (24.301...24.306)|Section 24.301 - Judicial Review as of Right or by Leave.

24.301 Judicial review as of right or by leave. Sec. 101.  When a person has exhausted all administrative remedies available within an agency, and is aggrieved by a final decision or order in a contested case, whether such decision or order is affirmative or negative in form, the decision or order is subject to direct review by the courts as provided by law. Exhaustion of administrative remedies does not require the filing of a motion or application for rehearing or reconsideration unless the agency rules require the filing before judicial review is sought. A preliminary, procedural or intermediate agency action or ruling is not immediately reviewable, except that the court may grant leave for review of such action if review of the agency's final decision or order would not provide an adequate remedy. History: 1969, Act 306, Eff. July 1, 1970 ;-- Am. 1970, Act 40, Imd. Eff. July 1, 1970 Popular Name: Act 306Popular Name: APA
MI Comp L § 24.302 (2021)
2021 Michigan Compiled Laws|Chapter 24 - Printing and State Documents|Act 306 of 1969 - Administrative Procedures Act of 1969 (24.201 - 24.328)|306-1969-6 - Chapter 6 Judicial Review (24.301...24.306)|Section 24.302 - Judicial Review; Method.

24.302 Judicial review; method. Sec. 102.  Judicial review of a final decision or order in a contested case shall be by any applicable special statutory review proceeding in any court specified by statute and in accordance with the general court rules. In the absence or inadequacy thereof, judicial review shall be by a petition for review in accordance with sections 103 to 105. History: 1969, Act 306, Eff. July 1, 1970 ;-- Am. 1970, Act 40, Imd. Eff. July 1, 1970 Popular Name: Act 306Popular Name: APA
MI Comp L § 24.303 (2021)
2021 Michigan Compiled Laws|Chapter 24 - Printing and State Documents|Act 306 of 1969 - Administrative Procedures Act of 1969 (24.201 - 24.328)|306-1969-6 - Chapter 6 Judicial Review (24.301...24.306)|Section 24.303 - Petition for Review; Filing; Contents; Copy of Agency Decision or Order.

24.303 Petition for review; filing; contents; copy of agency decision or order. Sec. 103.  (1) Except as provided in subsection (2), a petition for review shall be filed in the circuit court for the county where petitioner resides or has his or her principal place of business in this state, or in the circuit court for Ingham county.  (2) As used in this subsection, "adoptee" means a child who is to be or who is adopted. In the case of an appeal from a final determination of the office of youth services within the department of social services regarding an adoption subsidy, a petition for review shall be filed:  (a) For an adoptee residing in this state, in the probate court for the county in which the petition for adoption was filed or in which the adoptee was found.  (b) For an adoptee not residing in this state, in the probate court for the county in which the petition for adoption was filed.  (3) A petition for review shall contain a concise statement of:  (a) The nature of the proceedings as to which review is sought.  (b) The facts on which venue is based.  (c) The grounds on which relief is sought.  (d) The relief sought.  (4) The petitioner shall attach to the petition, as an exhibit, a copy of the agency decision or order of which review is sought. History: 1969, Act 306, Eff. July 1, 1970 ;-- Am. 1980, Act 289, Eff. Oct. 17, 1980 Popular Name: Act 306Popular Name: APA
MI Comp L § 24.304 (2021)
2021 Michigan Compiled Laws|Chapter 24 - Printing and State Documents|Act 306 of 1969 - Administrative Procedures Act of 1969 (24.201 - 24.328)|306-1969-6 - Chapter 6 Judicial Review (24.301...24.306)|Section 24.304 - Petition for Review; Filing, Time; Stay; Record; Scope.

24.304 Petition for review; filing, time; stay; record; scope. Sec. 104.  (1) A petition shall be filed in the court within 60 days after the date of mailing notice of the final decision or order of the agency, or if a rehearing before the agency is timely requested, within 60 days after delivery or mailing notice of the decision or order thereon. The filing of the petition does not stay enforcement of the agency action but the agency may grant, or the court may order, a stay upon appropriate terms.  (2) Within 60 days after service of the petition, or within such further time as the court allows, the agency shall transmit to the court the original or certified copy of the entire record of the proceedings, unless parties to the proceedings for judicial review stipulate that the record be shortened. A party unreasonably refusing to so stipulate may be taxed by the court for the additional costs. The court may permit subsequent corrections to the record.  (3) The review shall be conducted by the court without a jury and shall be confined to the record. In a case of alleged irregularity in procedure before the agency, not shown in the record, proof thereof may be taken by the court. The court, on request, shall hear oral arguments and receive written briefs. History: 1969, Act 306, Eff. July 1, 1970 ;-- Am. 1970, Act 40, Imd. Eff. July 1, 1970 Popular Name: Act 306Popular Name: APA
MI Comp L § 24.305 (2021)
2021 Michigan Compiled Laws|Chapter 24 - Printing and State Documents|Act 306 of 1969 - Administrative Procedures Act of 1969 (24.201 - 24.328)|306-1969-6 - Chapter 6 Judicial Review (24.301...24.306)|Section 24.305 - Inadequate Record; Additional Evidence, Modification of Findings, Decision Order.

24.305 Inadequate record; additional evidence, modification of findings, decision order. Sec. 105.  If timely application is made to the court for leave to present additional evidence, and it is shown to the satisfaction of the court that an inadequate record was made at the hearing before the agency or that the additional evidence is material, and that there were good reasons for failing to record or present it in the proceeding before the agency, the court shall order the taking of additional evidence before the agency on such conditions as the court deems proper. The agency may modify its findings, decision or order because of the additional evidence and shall file with the court the additional evidence and any new findings, decision or order, which shall become part of the record. History: 1969, Act 306, Eff. July 1, 1970 Popular Name: Act 306Popular Name: APA
MI Comp L § 24.306 (2021)
2021 Michigan Compiled Laws|Chapter 24 - Printing and State Documents|Act 306 of 1969 - Administrative Procedures Act of 1969 (24.201 - 24.328)|306-1969-6 - Chapter 6 Judicial Review (24.301...24.306)|Section 24.306 - Grounds for Reversals.

24.306 Grounds for reversals. Sec. 106.  (1) Except when a statute or the constitution provides for a different scope of review, the court shall hold unlawful and set aside a decision or order of an agency if substantial rights of the petitioner have been prejudiced because the decision or order is any of the following:  (a) In violation of the constitution or a statute.  (b) In excess of the statutory authority or jurisdiction of the agency.  (c) Made upon unlawful procedure resulting in material prejudice to a party.  (d) Not supported by competent, material and substantial evidence on the whole record.  (e) Arbitrary, capricious or clearly an abuse or unwarranted exercise of discretion.  (f) Affected by other substantial and material error of law.  (2) The court, as appropriate, may affirm, reverse or modify the decision or order or remand the case for further proceedings. History: 1969, Act 306, Eff. July 1, 1970 Popular Name: Act 306Popular Name: APA
MI Comp L § 24.311 (2021)
2021 Michigan Compiled Laws|Chapter 24 - Printing and State Documents|Act 306 of 1969 - Administrative Procedures Act of 1969 (24.201 - 24.328)|306-1969-7 - Chapter 7 Miscellaneous Provisions (24.311...24.315)|Section 24.311 - Repeals.

24.311 Repeals. Sec. 111.  Act No. 88 of the Public Acts of 1943, as amended, being sections 24.71 to 24.80 of the Compiled Laws of 1948, and Act No. 197 of the Public Acts of 1952, as amended, being sections 24.101 to 24.110 of the Compiled Laws of 1948, are repealed. History: 1969, Act 306, Eff. July 1, 1970 Popular Name: Act 306Popular Name: APA
MI Comp L § 24.312 (2021)
2021 Michigan Compiled Laws|Chapter 24 - Printing and State Documents|Act 306 of 1969 - Administrative Procedures Act of 1969 (24.201 - 24.328)|306-1969-7 - Chapter 7 Miscellaneous Provisions (24.311...24.315)|Section 24.312 - References to Repealed Acts.

24.312 References to repealed acts. Sec. 112.  A reference in any other law to Act No. 88 of the Public Acts of 1943, as amended, or Act No. 197 of the Public Acts of 1952, as amended, is deemed to be a reference to this act. History: 1969, Act 306, Eff. July 1, 1970 Popular Name: Act 306Popular Name: APA
MI Comp L § 24.313 (2021)
2021 Michigan Compiled Laws|Chapter 24 - Printing and State Documents|Act 306 of 1969 - Administrative Procedures Act of 1969 (24.201 - 24.328)|306-1969-7 - Chapter 7 Miscellaneous Provisions (24.311...24.315)|Section 24.313 - Effective Date and Applicability.

24.313 Effective date and applicability. Sec. 113.  This act is effective July 1, 1970, and except as to proceedings then pending applies to all agencies and agency proceedings not expressly exempted. History: 1969, Act 306, Eff. July 1, 1970 Popular Name: Act 306Popular Name: APA
MI Comp L § 24.314 (2021)
2021 Michigan Compiled Laws|Chapter 24 - Printing and State Documents|Act 306 of 1969 - Administrative Procedures Act of 1969 (24.201 - 24.328)|306-1969-7 - Chapter 7 Miscellaneous Provisions (24.311...24.315)|Section 24.314 - Rules in Process.

24.314 Rules in process. Sec. 114.  When an agency has completed any or all of the processing of a rule pursuant to Act No. 88 of the Public Acts of 1943, as amended, before July 1, 1970, similar processing required by this act need not be completed and the balance of the processing and the publication of the rule shall be completed pursuant to this act. An effective date may be added to such a rule although it was not included in the notice of hearing on the rule pursuant to subsection (1) of section 41, when such notice was given before July 1, 1970. History: Add. 1970, Act 40, Imd. Eff. July 1, 1970 Popular Name: Act 306Popular Name: APA
MI Comp L § 24.321 (2021)
2021 Michigan Compiled Laws|Chapter 24 - Printing and State Documents|Act 306 of 1969 - Administrative Procedures Act of 1969 (24.201 - 24.328)|306-1969-8 - Chapter 8 (24.321...24.328)|Section 24.321 - Meanings of Words and Phrases.

24.321 Meanings of words and phrases. Sec. 121.  For the purposes of this chapter, the words and phrases described in section 122 have the meanings ascribed to them in that section. History: Add. 1984, Act 196, Imd. Eff. July 3, 1984 Popular Name: Act 306Popular Name: APA
MI Comp L § 24.322 (2021)
2021 Michigan Compiled Laws|Chapter 24 - Printing and State Documents|Act 306 of 1969 - Administrative Procedures Act of 1969 (24.201 - 24.328)|306-1969-8 - Chapter 8 (24.321...24.328)|Section 24.322 - Definitions.

24.322 Definitions.Sec. 122.  (1) "Contested case" means a contested case as defined in section 3 but does not include a case that is settled or in which a consent agreement is entered into or a proceeding for establishing a rate or approving, disapproving, or withdrawing approval of a form.  (2) "Costs and fees" means the normal costs incurred, after a party has received notice of an initial hearing under section 71, in being a party in a contested case under this act and include all of the following:  (a) The reasonable and necessary expenses of expert witnesses as determined by the presiding officer.  (b) The reasonable cost of any study, analysis, engineering report, test, or project that is determined by the presiding officer to have been necessary for the preparation of a party's case.  (c) Reasonable and necessary attorney or agent fees including those for purposes of appeal.  (3) "Party" means a party as defined in section 5, but does not include any of the following:  (a) An individual whose net worth was more than $500,000.00 at the time the contested case was initiated.  (b) The sole owner of an unincorporated business or any partnership, corporation, association, or organization whose net worth exceeded $3,000,000.00 at the time the contested case was initiated and that is not either exempt from taxation pursuant to section 501(c)(3) of the internal revenue code, 26 USC 501, or a cooperative association as defined in section 15(a) of the agricultural marketing act, 12 USC 1141j(a).  (c) The sole owner of an unincorporated business or any partnership, corporation, association, or organization that had more than 250 full-time equivalent employees, as determined by the total number of employees multiplied by their working hours divided by 40, at the time the contested case was initiated.  (d) As used in this subsection "net worth" means the amount remaining after the deduction of liabilities from assets as determined according to generally accepted accounting principles.  (4) "Presiding officer" means an agency, 1 or more members of the agency, a person designated by statute to conduct a contested case, or a hearing officer designated and authorized by the agency to conduct a contested case.  (5) "Prevailing party" means either of the following, as applicable:  (a) In an action involving several remedies, or issues or counts that state different causes of actions or defenses, the party prevailing as to each remedy, issue, or count.  (b) In an action involving only 1 issue or count stating only 1 cause of action or defense, the party prevailing on the entire record. History: Add. 1984, Act 196, Imd. Eff. July 3, 1984 ;-- Am. 2011, Act 247, Imd. Eff. Dec. 8, 2011 Popular Name: Act 306Popular Name: APA
MI Comp L § 24.324 (2021)
2021 Michigan Compiled Laws|Chapter 24 - Printing and State Documents|Act 306 of 1969 - Administrative Procedures Act of 1969 (24.201 - 24.328)|306-1969-8 - Chapter 8 (24.321...24.328)|Section 24.324 - Delaying Entry of Final Order Prohibited.

24.324 Delaying entry of final order prohibited. Sec. 124.  An application for costs and fees and the awarding thereof under this chapter shall not delay the entry of a final order in a contested case. History: Add. 1984, Act 196, Imd. Eff. July 3, 1984 Popular Name: Act 306Popular Name: APA
MI Comp L § 24.325 (2021)
2021 Michigan Compiled Laws|Chapter 24 - Printing and State Documents|Act 306 of 1969 - Administrative Procedures Act of 1969 (24.201 - 24.328)|306-1969-8 - Chapter 8 (24.321...24.328)|Section 24.325 - Judicial Review; Modification of Final Action; Making Award Pursuant to MCL 600.2421d.

24.325 Judicial review; modification of final action; making award pursuant to MCL 600.2421d. Sec. 125.  (1) A party that is dissatisfied with the final action taken by the presiding officer under section 123 in regard to costs and fees may seek judicial review of that action pursuant to chapter 6.  (2) The court reviewing the final action of a presiding officer pursuant to subsection (1) may modify that action only if the court finds that the failure to make an award or the making of an award was an abuse of discretion, or that the calculation of the amount of the award was not based on substantial evidence.  (3) An award of costs and fees made by a court under this section shall only be made pursuant to section 2421d of Act No. 236 of the Public Acts of 1961, being section 600.2421d of the Michigan Compiled Laws. History: Add. 1984, Act 196, Imd. Eff. July 3, 1984 Popular Name: Act 306Popular Name: APA