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MI SB0246
Bill
AI Summary
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Replaces "shall" with "must" throughout the Administrative Procedures Act for modernized language, and clarifies that contested cases are commenced by giving notice to parties under specified procedures.
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Removes restrictions on eligibility for cost and fee awards by eliminating net worth and employee thresholds that previously excluded individuals with over $500,000 net worth and businesses with over 250 employees or $3,000,000 net worth.
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Modifies cost award procedures to allow prevailing parties to file motions for costs and fees, and requires hearings on disputed amounts with written findings; removes the $75 per hour attorney fee cap in favor of reasonable fees determined by presiding officers following applicable court precedent.
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Exempts parole board proceedings and Department of Corrections hearings from chapters 4 and 8 of the Administrative Procedures Act, and expands exceptions for cost awards in cases involving illegal gambling with liquor licensees, child abuse registry matters, and summary license suspensions.
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Takes effect 90 days after enactment and is contingent on Senate Bill 245 being enacted into law.
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. Amneds secs. 71, 72, 80, 87, 115, 122 & 123 of 1969 PA 306 (MCL 24.271 et seq.). TIE BAR WITH: SB 0245'19
State: other
Last Action
Referred To Committee On Judiciary
3/12/2020