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HB-5816, As Passed House, June 9, 2026
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HOUSE BILL NO. 5816
A bill to amend 1969 PA 306, entitled
"Administrative procedures act of 1969,"
by amending sections 79 and 106 (MCL 24.279 and 24.306).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 79. An agency, 1 or more members of the agency, a person 1
designated by statute, or 1 or more hearing officers designated and 2
authorized by the agency to handle contested cases , shall be are 3
the presiding officers in a contested cases. Hearings shall case. A 4
contested case hearing must be conducted in an impartial manner and 5
April 16, 2026, Introduced by Reps. Meerman, Aragona, Smit, Kelly, Bierlein and Harris and
referred to Committee on Rules.
2
Final Page
RMH H05228'25 *_HB5816_APH_1 62rmfu
the presiding officers shall conduct the review de novo. On the 1
filing in good faith by a party of a timely and sufficient 2
affidavit of personal bias or disqualification of a presiding 3
officer, the agency shall determine the matter as a part of the 4
record in the case, and its the agency's determination shall be is 5
subject to judicial review at the conclusion of the proceeding. 6
When a presiding officer is disqualified or it is impracticable for 7
him the presiding officer to continue the contested case hearing, 8
another presiding officer may be assigned to continue with the 9
contested case hearing unless it is shown that substantial 10
prejudice to the party will result. therefrom. 11
Sec. 106. (1) Except when a statute or the constitution 12
provides for a different scope of review, the court shall conduct 13
the review de novo and not defer to the agency's decision or order. 14
The court shall hold unlawful and set aside a decision or order of 15
an agency if the substantial rights of the petitioner have been 16
prejudiced because the decision or order is any of the following: 17
(a) In violation of the constitution or a statute. 18
(b) In excess of the statutory authority or jurisdiction of 19
the agency. 20
(c) Made upon on unlawful procedure resulting in material 21
prejudice to a party. 22
(d) Not supported by competent, material, and substantial 23
evidence on the whole record. 24
(e) Arbitrary, capricious, or clearly an abuse or unwarranted 25
exercise of discretion. 26
(f) Affected by other substantial and material error of law. 27
(2) The court, as appropriate, may affirm, reverse, or modify 28
the decision or order or remand the case for further proceedings. 29