LAW OFFICES OF RL JOHNSON                        
Legal Services for Businesses

If you or your business has been aggrieved by an agency’s final decision you may seek redress in the circuit
court where the agency is situated.

Article 6, section 13 of the Michigan Constitution gives Michigan’s circuit court appellate jurisdiction and
supervisory and general control over “inferior tribunals,” including administrative agencies like the DHS.  

Under Michigan’s Administrative Procures Act (“APA”), you must seek review of a final agency decision in a
contested case within 60 days after the date the notice of the final decision is mailed or within 60 days after the
notice of the decision on a timely motion for rehearing before the agency is delivered or mailed.  MCL 24.304.

This will entitle you to file a brief setting forth the Agency’s errors and a hearing before a judge where you can
argue your case.

Among the reason that a court may overturn an agency’s decision are:

The decision is not supported by competent, material, and substantial evidence on the whole record; and/or
The decision contains a substantial and material error of law.

However, before seeking judicial review of administrative action, you must normally exhaust the review procedures available within the administrative agency. MCL 24.301.  This is commonly known as the
exhaustion doctrine.

Failure to follow the exhaustion doctrine before seeking redress in the circuit court may be excused where . . .

    (1)        a controlling constitutional issue is raised;
    (2)        the agency’s jurisdiction to consider the subject matter is challenged;
    (3)        it is obvious that exhaustion would be in vain or useless; or,
    (4)        review of the agency’s final decision would not provide an adequate remedy and would run
                counter to the policies underlying the exhaustion doctrine.

A petition for court review must contain a concise statement of

    (1)        the nature of the proceedings before the agency, the authority under which the proceedings were
                conducted, and the statutory authority for review;
    (2)        the factual basis for venue;
    (3)        the grounds for relief, with a separate paragraph for each separate ground alleged; and,
    (4)        the relief sought. A copy of the agency decision must be attached, or the petitioner must explain
                 why it is not attached. MCR 7.105(C).

The petition for review must be filed in the circuit court for Ingham County or in the county where you reside
or where your principal place of business in Michigan is located. MCL 24.303.

    Complaint for Superintending Control

When a state agency refuses on its own to comply with its duties (i.e., make an eligibility determination or
conduct a hearing and provide a final determination) you can file a Complaint for Superintending Control in
Circuit Court pursuant to MCR 3.302.

    Seeking a Stay of Agency Action

If you face a strong potential of immediate harm as a result of an agency decision, you should seek a stay.  
Filing a petition for review does not stay enforcement of the agency decision or order. To obtain a stay, you
must request an order from the circuit court.

The procedure and requirements for obtaining a stay are similar to those for obtaining a preliminary injunction.

The court may order a stay only after a hearing and on a finding that . . .

    (1) the applicant will suffer irreparable harm;
    (2) the applicant is likely to prevail on the merits;
    (3) a stay will not harm the public interest; and,
    (4) the harm to the applicant if the stay is not granted outweighs the harm to others if the stay is granted.

Additionally, the applicant must file a bond.

If you or your business has been aggrieved by an agency’s final decision and need to request a court hearing, we
can help.   Give us a call and speak with a qualified attorney about your case.
Disclaimer: The information provided herein is provided for informational purposes only and does not purport and is not intended to solicit, initiate, or form an
Attorney-Client relationship.  Moreover, while some of the information found on this site is based on laws and court rulings, it is not intended to be legal advice and must
not be relied upon as legal advice on specific facts.
Law Offices of RL Johnson |  Copyright © 2007 All Rights Reserved.
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