(800) 597-0284

39111 Six Mile Road

Livonia, MI 4815

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Adminstrative Law & Regulatory Complaince

Administrative agencies are often called the fourth branch of government.  Administrative agencies pervade virtually every aspect of private life and public life.  Administrative agencies include state boards of education, departments of energy, labor, and economic growth, as well as departments of health and human services. 

 

WikipediA tells us that:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

When a business or an individual is aggrieved by an agency action an administrative hearing may be requested.  Law.com defines an administrative hearing as:

 

 

 

 

 

 

 

 

In Michigan, administrative hearings are governed by statute (i.e., the Administrative Procedures Act  (“APA”) and court rules.   

Click here to view the APA.

 

We represent businesses and individuals before administrative agencies.  Our skill and expertise in administrative law includes . . .

 

“Administrative law is the body of law that governs the activities of administrative agencies of government.  Government agency action can include rulemaking, adjudication, or the enforcement of a specific regulatory agenda. Administrative law is considered a branch of public law.  As a body of law, administrative law deals with the decision-making of administrative units of government (for example, tribunals, boards or commissions)[.]”
“A hearing before any governmental agency or before an administrative law judge.  Such hearings can range from simple arguments to what amounts to a trial. There is no jury, but the agency or the administrative law judge will make a ruling.”

 

If you or your business has been aggrieved by an agency action and need to request an administrative hearing, we can help.   Give us a call and speak with a qualified attorney about your case.

Actions Against Child Care Organizations & Child Placing Agencies

Complaint for Superintending Control


Rule 722.121 of the Child Care Organizations Regulation Act (aka 1973 PA 116), gives the Michigan Department of Human Services (“DHS”) the power to:



(1) Deny, revoke, or refusal to renew a license or certificate of registration;
(2) Modify the provisional status of license; and,
(3) Conduct hearings and make decisions.

However, the DHS may not revoke a license or a certificate of registration, or refuse to renew a license, or deny an application for a license, or modify an existing license to a provisional status unless the licensee, registrant, or applicant is given notice in writing of the grounds of the proposed revocation, denial, modification, or refusal.  

Once notice of the agency action is received, the child caring agency or institution has thirty (30) days from the receipt of the notice to appeal the agency’s decision.  The appeal must be in writing addressed to the agency director. The director or a designated representative of the director must, then, conduct a hearing [sometimes called a “compliance conference”] at which the licensee, registrant, or applicant may present testimony and confront witnesses.

We can represent your organization at all stages of the appeals process before the DHS.

License Restoration

License Restoration Before the Driver Assessment and Appeal Division (Revocation for Substance Abuse–Based Convictions)

An individual who has had his or her driver’s license revoked may appeal to the Michigan Secretary of State’s Driver Assessment and Appeal Division (“DAAD”) for partial or full restoration of the license.  We can represent you in revocations under MCL 257.303, which governs the most common type of revocation—multiple convictions for drinking and driving.



License Restoration Appeal Before the Circuit Court

Under MCL 257.323(1), “[a] person aggrieved by a final determination of the secretary of state … may petition for a review of the determination in the circuit court.”  We can represent you in your appeal to the circuit court when a you have been denied restoration of your driver’s license in an administrative proceeding.

If you or your business needs to appeal a license revocation action by an administrative agency, we can help.   Give us a call and speak with a qualified attorney about your case.

AMENDMENT OR EXPUNCTION OF CPS RECORDS
APPEALS TO CIRCUIT COURT
 

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.

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
Complaint for Superintending Control


If your name has been added the Child Abuse and Neglect Central Registry (aka the central registry) as a result of a substantiated complaint of child abuse or neglect you may challenge the government’s decision and clear your name. 

Clearing your name is a two-step process.

First, you or your attorney must ask the DHS to conduct an administrative review of the finding that you neglected or abused a child.  In this action, you are known as the “petitioner.”  The goal of this review is have your case record amended or to you’re your record on the central registry amended or expunged. The request must be written and mailed to the local office that substantiated the complaint against you.

Within 30 days of receiving the written request, the local office must review the case record, determine the appropriate action and inform you of its decision by mail.

The Child Protection Law (MCL 722.627(5) and (6)) authorizes the Department of Human Service (“DHS”) to amend and expunge a Children protective Services (“CPS”) report and/or central registry information. According to the CPS Manual, amendment means correcting specific information:

• In the CPS case record, including the CPS Investigation Report.
• On central registry, including deleting names of individuals.

Expunction means deleting the entire complaint from central registry; it is not the destruction of the local case record.

Amendment to the CPS record or central registry or expunction of a record on central registry must occur:

  • To correct inaccurate information.
  • When the perpetrator requests amendment or expunction and the local office concurs.
  • When ordered by an administrative law judge after administrative hearing or rehearing, or circuit court order.

Local offices must consider amendment or expunction from central registry when the case record review reveals:

  • Errors in fact or missing information that can be corrected.
  • Supporting evidence was weak and would not withstand the evidentiary standards of an administrative hearing (a case without a preponderance of evidence).
  • Witnesses or case records are unavailable.

PSM 717-2

Second, after DHS conducts an administrative review and refuses to expunge your name from the Child Abuse and Neglect Central Registry, you can appeal to circuit court. 

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.


If the DHS has improperly placed your name on the central registry, we will help you have your case record amended or expunged on the central registry.

 
 

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.

DISCLAIMER: All information contained in this website is for education purpose only and is not intended to be legal advice.  Moreover, communication with this firm does not form an attorney-client relationship. That relationship only occurs upon the execution of a retainer agreement.  Moreover, while the information contained in this communication may be based on laws and court rulings, it must not be relied upon as legal advice on specific facts. Law Offices of RL Johnson PLLC, its agents and affiliates cannot and will not render any legal or tax advice of any kind, unless said agent is duly licensed by the applicable state and/or federal authority to give said advice.

© 2012 by Law Offices RL Johnson PLLC