reglab/statecodes huggingface dataset:
2023 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 306
Popular Name:
APA
2023 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 306
Popular Name:
APA
2023 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 306
Popular Name:
APA
2023 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 306
Popular Name:
APA
2023 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 306
Popular Name:
APA
2023 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 306
Popular Name:
APA
2023 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 306
Popular Name:
APA
2023 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 306
Popular Name:
APA
2023 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 306
Popular Name:
APA
2023 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 306
Popular Name:
APA
2023 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 306
Popular Name:
APA
2023 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 306
Popular Name:
APA
2023 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 306
Popular Name:
APA
2023 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 306
Popular Name:
APA
2023 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 306
Popular Name:
APA
2023 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 306
Popular Name:
APA
2023 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 306
Popular Name:
APA
2023 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 306
Popular Name:
APA
2023 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 306
Popular Name:
APA
2023 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 24.326 - Annual Report; Payment of Costs and Fees.

24.326 Annual report; payment of costs and fees.
Sec. 126.
(1) The director of the department of management and budget shall report annually to the legislature regarding the amount of costs and fees paid by the state under this chapter during the preceding fiscal year. The report shall describe the number, nature, and amount of the awards; the claims involved; and any other relevant information which would aid the legislature in evaluating the scope and impact of the awards. Each agency shall provide the director of the department of management and budget with information as is necessary for the director to comply with the requirements of this section.
(2) If costs and fees are awarded under this chapter to a prevailing party, the agency or agencies over which the party prevailed shall pay those costs and fees.
History:
Add. 1984, Act 196, Imd. Eff. July 3, 1984
Popular Name:
Act 306
Popular Name:
APA
2023 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 24.327 - Recovery of Same Costs Under Other Law Prohibited.

24.327 Recovery of same costs under other law prohibited.
Sec. 127.
If a prevailing party recovers costs and fees under this chapter in a contested case, the prevailing party is not entitled to recover those same costs for that contested case under any other law.
History:
Add. 1984, Act 196, Imd. Eff. July 3, 1984
Popular Name:
Act 306
Popular Name:
APA
2023 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 24.328 - Applicability of MCL 24.321 to 24.327 to Contested Cases.

24.328 Applicability of MCL 24.321 to 24.327 to contested cases.
Sec. 128.
Sections 121 to 127 shall apply to contested cases commenced after September 30, 1984.
History:
Add. 1984, Act 196, Imd. Eff. July 3, 1984 ;-- Am. 1989, Act 288, Imd. Eff. Dec. 26, 1989
Popular Name:
Act 306
Popular Name:
APA
2023 Michigan Compiled Laws › Chapter 24 - Printing and State Documents › Act 116 of 1992 - Records Reproduction Act (24.401 - 24.406) › Section 24.401 - Short Title; Definitions.

24.401 Short title; definitions.
Sec. 1.
(1) This act shall be known and may be cited as the "records reproduction act".
(2) As used in this act:
(a) "Board" means the state historical records advisory board.
(b) "Data transfer" means the copying or transmission of electronic information that does not alter the content, context, or structure of a record from 1 medium to another medium.
(c) "Department" means the department of history, arts, and libraries.
(d) "Digital imaging" means the techniques for capturing, recording, processing, storing, transferring, and using images of records electronically.
(e) "Digital migration" means the conversion of digital information from an existing format to another format that maintains the content, context, and structure of a record.
(f) "Digitization" means the conversion of information into digitally coded electronic images suitable for electronic storage.
History:
1992, Act 116, Imd. Eff. June 26, 1992 ;-- Am. 2004, Act 574, Imd. Eff. Jan. 3, 2005
Compiler's Notes:
For transfer of powers and duties of department of history, arts, and libraries regarding state records management program to department of management and budget, see E.R.O. No. 2009-26, compiled at MCL 399.752.
2023 Michigan Compiled Laws › Chapter 24 - Printing and State Documents › Act 116 of 1992 - Records Reproduction Act (24.401 - 24.406) › Section 24.402 - Reproduction of Record by Governmental Entity or Official; Technical Standards, Directives, or Rules; Pilot Agreement.

24.402 Reproduction of record by governmental entity or official; technical standards, directives, or rules; pilot agreement.
Sec. 2.
(1) Subject to the requirements of this act and except as otherwise provided by law, a governmental entity or a governmental official acting in his or her official capacity may reproduce a record by using any of the following methods or mediums:
(a) Photograph.
(b) Photocopy.
(c) Microreproduction.
(d) Optical media.
(e) Data transfer.
(f) Digitization.
(g) Digital migration.
(h) Digital imaging.
(i) Magnetic media.
(j) Printing.
(k) Any other reproduction method or medium approved by the department under this act.
(2) The department may adopt technical standards, issue directives, or promulgate rules under the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, governing the storage and reproduction of records by a governmental entity or governmental official acting in his or her official capacity.
(3) With respect to the methods and mediums listed in subsection (1) for the storage and reproduction of records, the standards, directives, or rules under subsection (2) shall do, but are not limited to, all of the following:
(a) Ensure continued accessibility and usability of the records throughout their retention period.
(b) Ensure the integrity and authenticity of records maintained by governmental entities, officials, and employees.
(4) Except as provided under subsection (5), a governmental entity or governmental official shall not use a method or medium listed under subsection (1)(c), (f), (g), or (h) until the department adopts a standard, issues a directive, or promulgates a rule under subsection (2) governing the method or medium.
(5) The department may enter into a pilot agreement with a governmental entity to test new equipment, technology, methods, or mediums. A record reproduced by a governmental entity operating under a pilot agreement shall have the same force and effect as a record stored or reproduced by an approved method or medium under this act.
History:
1992, Act 116, Imd. Eff. June 26, 1992 ;-- Am. 2001, Act 72, Imd. Eff. July 24, 2001 ;-- Am. 2004, Act 572, Imd. Eff. Jan. 3, 2005
Compiler's Notes:
For transfer of powers and duties of department of history, arts, and libraries regarding state records management program to department of management and budget, see E.R.O. No. 2009-26, compiled at MCL 399.752.
Admin Rule:
R 24.401 et seq. of the Michigan Administrative Code.
2023 Michigan Compiled Laws › Chapter 24 - Printing and State Documents › Act 116 of 1992 - Records Reproduction Act (24.401 - 24.406) › Section 24.403 - Reproduction Created by Person Other Than Governmental Entity or Official Acting in Official Capacity; Incorporation by Reference.

24.403 Reproduction created by person other than governmental entity or official acting in official capacity; incorporation by reference.
Sec. 3.
With respect to a reproduction created by a person other than a governmental entity or a governmental official acting in his or her official capacity, a law that references this act incorporates by reference any reproduction method or medium approved by this act.
History:
1992, Act 116, Imd. Eff. June 26, 1992 ;-- Am. 2004, Act 550, Imd. Eff. Jan. 3, 2005
Compiler's Notes:
For transfer of powers and duties of department of history, arts, and libraries regarding state records management program to department of management and budget, see E.R.O. No. 2009-26, compiled at MCL 399.752.
2023 Michigan Compiled Laws › Chapter 24 - Printing and State Documents › Act 116 of 1992 - Records Reproduction Act (24.401 - 24.406) › Section 24.404 - Proposed Technical Standard.

24.404 Proposed technical standard.
Sec. 4.
(1) The board shall, within 60 days of receipt of a proposed technical standard from the department, approve, disapprove, or revise the proposed technical standard.
(2) Before submitting a proposed technical standard to the board under this section, the department shall seek advice and comment from the department of information technology and at least 1 representative from each of the following entities:
(a) County government.
(b) City, township, or village government.
(c) The information technology industry.
(3) Proposed and final technical standards shall be published in the Michigan register. A technical standard shall not take effect before its publication in the Michigan register.
History:
Add. 2004, Act 574, Imd. Eff. Jan. 3, 2005
Compiler's Notes:
For transfer of powers and duties of department of history, arts, and libraries regarding state records management program to department of management and budget, see E.R.O. No. 2009-26, compiled at MCL 399.752.
2023 Michigan Compiled Laws › Chapter 24 - Printing and State Documents › Act 116 of 1992 - Records Reproduction Act (24.401 - 24.406) › Section 24.405 - Optical Disc or Magnetic Imaging System; Use by Department of Labor and Economic Growth.

24.405 Optical disc or magnetic imaging system; use by department of labor and economic growth.
Sec. 5.
This act does not prohibit the use of an optical disc or magnetic imaging system purchased by the department of labor and economic growth before and in use prior to the effective date of the amendatory act that added this section, unless the department determines that the system is incapable of creating reproduced records that meet the requirements of this act.
History:
Add. 2004, Act 572, Imd. Eff. Jan. 3, 2005
Compiler's Notes:
For transfer of powers and duties of department of history, arts, and libraries regarding state records management program to department of management and budget, see E.R.O. No. 2009-26, compiled at MCL 399.752.
2023 Michigan Compiled Laws › Chapter 24 - Printing and State Documents › Act 116 of 1992 - Records Reproduction Act (24.401 - 24.406) › Section 24.406 - Reproduction of Record; Force and Effect as Original; Admissibility.

24.406 Reproduction of record; force and effect as original; admissibility.
Sec. 6.
A record reproduced under this act shall have the same force and effect as a true paper copy of a record. All copies produced under this act, when certified as true by the officer in whose office the original was filed or recorded, shall have the same force and effect as an original for all legal purposes and is admissible in court, administrative proceedings, and elsewhere as evidence in the same manner as an original.
History:
Add. 2004, Act 550, Imd. Eff. Jan. 3, 2005
Compiler's Notes:
For transfer of powers and duties of department of history, arts, and libraries regarding state records management program to department of management and budget, see E.R.O. No. 2009-26, compiled at MCL 399.752.
2023 Michigan Compiled Laws › Chapter 24 - Printing and State Documents › Act 101 of 1996 - Property Rights Preservation Act (24.421 - 24.425) › Section 24.421 - Short Title.

24.421 Short title.
Sec. 1.
This act shall be known and may be cited as the "property rights preservation act".
History:
1996, Act 101, Imd. Eff. Mar. 5, 1996
2023 Michigan Compiled Laws › Chapter 24 - Printing and State Documents › Act 101 of 1996 - Property Rights Preservation Act (24.421 - 24.425) › Section 24.422 - Definitions.

24.422 Definitions.
Sec. 2.
As used in this act:
(a) "Constitutional taking" or "taking" means the taking of private property by government action such that compensation to the owner of that property is required by either of the following:
(i) Amendment V or XIV of the constitution of the United States.
(ii) Section 23 of article I and section 2 of article X of the state constitution of 1963.
(b) "Departments" means the departments of natural resources, environmental quality, and transportation.
(c) "Government action" means any of the following:
(i) A decision on an application for a permit or license.
(ii) Proposed rules that if promulgated or enforced may limit the use of private property.
(iii) Required dedications or exactions of private property.
(iv) The enforcement of a statute or rule, including the issuance of an order.
(d) "Government action" does not include any of the following:
(i) The formal exercise of the power of eminent domain.
(ii) The forfeiture or seizure of private property by law enforcement agencies as evidence of a crime or for violations of law.
(iii) The discontinuance of government programs.
(e) "Rule" means a rule promulgated pursuant to the administrative procedures act of 1969, Act No. 306 of the Public Acts of 1969, being sections 24.201 to 24.328 of the Michigan Compiled Laws.
History:
1996, Act 101, Imd. Eff. Mar. 5, 1996
2023 Michigan Compiled Laws › Chapter 24 - Printing and State Documents › Act 101 of 1996 - Property Rights Preservation Act (24.421 - 24.425) › Section 24.423 - Takings Assessment Guidelines; Development by Attorney General and Departments.

24.423 Takings assessment guidelines; development by attorney general and departments.
Sec. 3.
The attorney general, in conjunction with the departments, shall develop takings assessment guidelines pursuant to the administrative procedures act of 1969, Act No. 306 of the Public Acts of 1969, being sections 24.201 to 24.328 of the Michigan Compiled Laws, that will assist the departments in the identification and evaluation of government actions that may result in a constitutional taking. The attorney general and the departments shall base the guidelines on current law as articulated by the United States supreme court and the supreme court of this state and shall update the guidelines at least on an annual basis to reflect changes in the law.
History:
1996, Act 101, Imd. Eff. Mar. 5, 1996
2023 Michigan Compiled Laws › Chapter 24 - Printing and State Documents › Act 101 of 1996 - Property Rights Preservation Act (24.421 - 24.425) › Section 24.424 - Takings Assessment Guidelines; Review.

24.424 Takings assessment guidelines; review.
Sec. 4.
Prior to taking a governmental action, the department of natural resources, the department of environmental quality, or the state transportation department, as appropriate, shall review the takings assessment guidelines prepared under section 3 and shall consider the likelihood that the governmental action may result in a constitutional taking.
History:
1996, Act 101, Imd. Eff. Mar. 5, 1996
Compiler's Notes:
For transfer of powers and duties of department of natural resources to department of natural resources and environment, and abolishment of department of natural resources, see E.R.O. No. 2009-31, compiled at MCL 324.99919.
2023 Michigan Compiled Laws › Chapter 24 - Printing and State Documents › Act 101 of 1996 - Property Rights Preservation Act (24.421 - 24.425) › Section 24.425 - Immediate Response Required.

24.425 Immediate response required.
Sec. 5.
If there is an immediate threat to public health and safety that constitutes an emergency and requires an immediate response, the review of the takings assessment guidelines required by section 4 may be made when the response is completed.
History:
1996, Act 101, Imd. Eff. Mar. 5, 1996
2023 Michigan Compiled Laws › Chapter 26 - Supreme Court Reports › Act 385 of 1927 - Supreme Court Reports (26.1 - 26.14) › Section 26.1 - Michigan Reports and Advance Sheets; Publication, Sale and Distribution.

26.1 Michigan reports and advance sheets; publication, sale and distribution.
Sec. 1.
The reports of decisions of the supreme court of Michigan and the advance sheets of such decisions shall be published, sold and distributed as hereinafter provided. The reports of decisions of the supreme court of Michigan shall be called “Michigan reports” and the advance sheets of such decisions shall be called the “Advance sheets of Michigan reports”.
History:
1927, Act 385, Eff. Sept. 5, 1927 ;-- CL 1929, 523 ;-- CL 1948, 26.1
Former Law:
See Act 168 of 1879, being CL 1915, §§ 857 to 868.
2023 Michigan Compiled Laws › Chapter 26 - Supreme Court Reports › Act 385 of 1927 - Supreme Court Reports (26.1 - 26.14) › Section 26.2 - Bids for Publication, Printing, Binding, Sale; Contracts.

26.2 Bids for publication, printing, binding, sale; contracts.
Sec. 2.
The board of state auditors is hereby authorized and directed to solicit bids for the publication, electrotyping, printing, binding and sale of Michigan reports and of the advance sheets of Michigan reports, and to contract therefor in accordance with the provisions of this act.
History:
1927, Act 385, Eff. Sept. 5, 1927 ;-- CL 1929, 524 ;-- CL 1948, 26.2
2023 Michigan Compiled Laws › Chapter 26 - Supreme Court Reports › Act 385 of 1927 - Supreme Court Reports (26.1 - 26.14) › Section 26.3 - Advertisement for Bids; Award of Contract.

26.3 Advertisement for bids; award of contract.
Sec. 3.
The board of state auditors shall, commencing the first week in January, 1956, and every 8 years thereafter, and as often as any contract let hereunder shall be forfeited or terminated in any way, advertise in 3 Michigan newspapers of paid general circulation at least once in each week for 3 successive weeks, that sealed proposals will be received by said board at Lansing and opened at the end of the period of said publication of notice, on a stated date, for the publication, electrotyping, printing, binding and sale of said Michigan reports and advance sheets of Michigan reports, as herein provided, for the term of 8 years from and after the 13th day of May, 1956, at a certain price per volume for the Michigan reports and at a certain price per year for the advance sheets of Michigan reports to be stated in such proposals, and shall, within 10 days thereafter, award said contract to the lowest bidder complying with the provisions of this act.
History:
1927, Act 385, Eff. Sept. 5, 1927 ;-- CL 1929, 525 ;-- Am. 1933, Act 8, Imd. Eff. Feb. 13, 1933 ;-- CL 1948, 26.3 ;-- Am. 1956, Act 101, Imd. Eff. Apr. 9, 1956
2023 Michigan Compiled Laws › Chapter 26 - Supreme Court Reports › Act 385 of 1927 - Supreme Court Reports (26.1 - 26.14) › Section 26.4 - Bidder's Deposit; Forfeiture.

26.4 Bidder's deposit; forfeiture.
Sec. 4.
Each bidder shall deposit with the state treasurer before making his proposal a certified check for the sum of 1,000 dollars which is to be forfeited to the state in case he shall fail to enter into a contract in accordance with this act if said board shall declare him to be the successful bidder, and he shall take a receipt from said treasurer and deposit it with his proposal.
History:
1927, Act 385, Eff. Sept. 5, 1927 ;-- CL 1929, 526 ;-- CL 1948, 26.4
2023 Michigan Compiled Laws › Chapter 26 - Supreme Court Reports › Act 385 of 1927 - Supreme Court Reports (26.1 - 26.14) › Section 26.5 - Contract; Terms; Bond; Failure to Complete, Forfeiture of Contract.

26.5 Contract; terms; bond; failure to complete, forfeiture of contract.
Sec. 5.
The successful bidder shall make a contract according to the terms of his proposal and the provisions of this act, which shall be made and considered part thereof, within 30 days after notice that the same is accepted, and shall also file with the state treasurer a bond in the penal sum of 10,000 dollars, conditioned to fulfill said contract in all particulars. Said bond shall be signed by a surety company authorized to do business in the state of Michigan and shall be the joint and several obligation of said company and the person bound by such contract. If the successful bidder shall fail to complete his contract, or shall forfeit the same for any cause, the said board shall relet the contract as soon thereafter as practicable, in the manner provided by section 3 of this act, and said contractor shall also pay to the state all expense thereof, and said board may also complete any part of such first or any subsequent contract not fulfilled at the reletting of the same at the expense of such contractor.
History:
1927, Act 385, Eff. Sept. 5, 1927 ;-- CL 1929, 527 ;-- CL 1948, 26.5
2023 Michigan Compiled Laws › Chapter 26 - Supreme Court Reports › Act 385 of 1927 - Supreme Court Reports (26.1 - 26.14) › Section 26.6 - Contract; Contents, Copyright; Noncompliance With Act or Contract; Delivery of Electrotyped Plates; Work Done in State.

26.6 Contract; contents, copyright; noncompliance with act or contract; delivery of electrotyped plates; work done in state.
Sec. 6.
The contract of the successful bidder shall contain, among others, the following covenants:
1. That he shall take out no copyright except to the secretary of state for the use and disposal of the state, upon any volume published under such contract.
2. That if it shall, on petition by any citizen of Michigan, be made to appear to the justices of the supreme court that such contractor has in any respect failed to comply with the provisions of this act or his contract, said justices may, upon hearing had in such manner as they may direct, declare the contract forfeited, and on such forfeiture being declared, such contractor shall upon demand of said board transfer to the secretary of state of this state for the use of the state, all the electrotype plates of all volumes published under such contract, or in default thereof will pay to the treasurer of this state $1,000.00 for each such volume as liquidated damages for failure to make such transfer.
3. That he will, as often and as soon as any and every volume is ready for binding, deliver to the secretary of state at Lansing, free of all charge whatsoever, a set of electrotyped plates thereof in good order for printing, or in default thereof he shall pay to the treasurer of this state the like sum of $1,000.00 as liquidated damages for failure to deliver the same. Moneys received under this section shall be used as far as necessary to procure electrotyped plates of such published reports, to be paid for by said treasurer on the draft of the board of state auditors approved by the secretary of state, who shall certify that such plates have been deposited with him.
4. That the board of state auditors may require that the contractor have all of the composition, plating, presswork and folding and substantially all of the binding done within this state.
History:
1927, Act 385, Eff. Sept. 5, 1927 ;-- CL 1929, 528 ;-- Am. 1943, Act 226, Eff. July 30, 1943 ;-- CL 1948, 26.6
2023 Michigan Compiled Laws › Chapter 26 - Supreme Court Reports › Act 385 of 1927 - Supreme Court Reports (26.1 - 26.14) › Section 26.7 - Authority as to Publication, Printing, Sale and Distribution; Printing by State.

26.7 Authority as to publication, printing, sale and distribution; printing by state.
Sec. 7.
In the event that no bid is received by the board of state auditors for the publication of the Michigan reports and advance sheets of Michigan reports, or in the event that in all of the bids so received, the charge per volume at which the same are to be sold shall be in excess of what said board and the justices of the supreme court shall determine to be a fair price therefor, said board may proceed to secure such publication of the Michigan reports and advance sheets of Michigan reports and the electrotyping of said plates or such other method of reproduction as may be found expedient at the expense of the state of Michigan. Said board shall also have like authority with reference to the publication of former volumes of the reports from the plates now owned by the state. Authority is hereby granted to the board to determine the manner in which the publication, printing, binding, sale, and distribution of said reports and advance sheets shall be done, and to enter into a contract, or contracts, for all or any part of the necessary work, labor and material. In its discretion the board may require that the printing and binding of said reports or advance sheets, or either of them, shall be done under the general contract for state printing and binding entered into in pursuance of the provisions of Act No. 12 of the Public Acts of 1903. In the making of any contract or contracts contemplated by this section, said board shall not be subject to the provisions, specifications, limitations or restrictions contained in other sections of said Act No. 385 of the Public Acts of 1927 as amended. The moneys for such publication, reproduction, sale and distribution shall be paid by the state treasurer out of any moneys in the general fund of the state on the order of the board of state auditors, and any moneys received by said board on account of such sales shall be deposited by it in said general fund.
History:
1927, Act 385, Eff. Sept. 5, 1927 ;-- CL 1929, 529 ;-- Am. 1948, 1st Ex. Sess., Act 15, Imd. Eff. Apr. 28, 1948 ;-- CL 1948, 26.7
Compiler's Notes:
Section 2, Act 15 of 1948, 1st Ex. Sess., provides: “For the purpose of carrying out the provisions of this amendatory act there is hereby appropriated for the use of the board of state auditors from the general fund for the fiscal year ending June 30, 1949, the sum of $10,000.00, and for the fiscal year ending June 30, 1949, the sum of $30,000.00.”Act 12 of 1903, referred to in this section, was repealed by Act 139 of 1967.
2023 Michigan Compiled Laws › Chapter 26 - Supreme Court Reports › Act 385 of 1927 - Supreme Court Reports (26.1 - 26.14) › Section 26.8 - Supreme Court Reporter, Duties; Size of Volumes; Original Plates to Be State Property.

26.8 Supreme court reporter, duties; size of volumes; original plates to be state property.
Sec. 8.
The supreme court reporter shall, as soon as practicable, after the decisions of the supreme court are announced, furnish and deliver to the person or corporation having the contract with the state for publishing the same, copies of such decisions, with a syllabus and brief statement of the case, and a proper index and digest of such decisions to be published in and as part of such volumes. Each of said volumes shall contain not less than 700 pages, unless printed on thin paper as provided for in section 10 of this act, to be electrotyped, printed and bound in a good and substantial manner and form, of good material for law books, and printed in not larger type, set in the same manner, and of the same style and quality as volume 234 of the Michigan reports in the state library at Lansing, and to be approved and accepted by the justices of the supreme court, or a majority of them. The original electrotyped plates shall be at all times the property of this state, subject to the right of such contractor to use the same during the term of his contract or until the same shall be declared forfeited as herein provided.
History:
1927, Act 385, Eff. Sept. 5, 1927 ;-- CL 1929, 530 ;-- CL 1948, 26.8