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MI SB0101

Bill

Status

Vetoed

12/31/2018

Primary Sponsor

David Robertson

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Origin

Senate

99th Legislature

AI Summary

  • Allows prevailing parties in contested cases (other than agencies) to recover costs and fees incurred, unless the agency demonstrates by clear and convincing evidence that its position was substantially justifiable.

  • Applies a more restrictive "frivolous" standard for awarding costs and fees in proceedings involving illegal gambling and liquor licenses, child abuse and neglect registry matters, and summary license suspensions.

  • Exempts parole board proceedings under the corrections code from chapters 4 and 8 of the administrative procedures act.

  • Requires presiding officers to continue contested cases when a party or witness is a member of the legislature during legislative sessions or scheduled committee meetings to ensure adequate representation.

  • Defines "costs and fees" to include expert witness expenses, reasonable study and analysis costs, and attorney or agent fees as determined by the presiding officer, but only to the extent the agency caused the party to incur them.

Legislative Description

Administrative procedure; contested cases; award of costs and fees to prevailing party in a case involving this state; remove certain restrictions; exempt parole hearings from administrative procedures act, and make general revisions to contested case provisions. Amends secs. 71, 72, 80, 87, 115, 122 & 123 of 1969 PA 306 (MCL 24.271 et seq.). TIE BAR WITH: SB 0100'17

State: other

Last Action

Vetoed By Governor 12/28/2018 12/31/18 Addenda

12/31/2018

Committee Referrals

Judiciary9/14/2017
Elections And Government Reform2/2/2017

Full Bill Text

No bill text available