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MI HB6072

Bill

Status

Introduced

11/12/2024

Primary Sponsor

Matthew Bierlein

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Origin

House of Representatives

102nd Legislature

AI Summary

  • Replaces "shall" with "must" and modernizes language throughout the Administrative Procedures Act for clarity and consistency.

  • Removes financial eligibility restrictions on parties seeking cost and fee awards, eliminating prior net worth and employee thresholds that limited eligibility.

  • Expands cost and fee awards to prevailing parties unless the agency demonstrates its position was substantially justifiable, with exceptions for illegal gambling cases, child abuse registry proceedings, and summary license suspensions.

  • Adds parole board proceedings to exemptions from the Administrative Procedures Act, clarifying that Department of Corrections parole hearings are not subject to the act's requirements.

  • Changes attorney fee awards from a capped rate of $75 per hour to reasonable fees as determined by the presiding officer following applicable Supreme Court precedent.

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: HB 6073'24

State: other

Last Action

Bill Electronically Reproduced 11/13/2024

11/13/2024

Committee Referrals

Government Operations11/12/2024

Full Bill Text

No bill text available