Rule 7.119 Appeals from Agencies Governed by the Administrative Procedures Act

(A)   Scope. This rule governs an appeal to the circuit court from an agency decision where MCL 24.201 et seq. applies. Unless this rule provides otherwise, MCR 7.101 through MCR 7.115 apply.

(B)   Appeal of Right.

(1)   Time Requirements. Judicial review of a final decision or order shall be by filing a claim of appeal in the circuit court within 60 days after the date of mailing of the notice of the agency’s final decision or order. If a rehearing before the agency is timely requested, then the claim of appeal must be filed within 60 days after delivery or mailing of the notice of the agency’s decision or order on rehearing, as provided in the statute or constitutional provision authorizing appellate review.

(2)   Manner of Filing.

(a)   Claim of Appeal - Form. The claim of appeal shall conform with the requirements of MCR 7.104(C)(1), except that:

(i)   the party aggrieved by the agency decision is the appellant and is listed first in the caption; and

(ii)   the party seeking to sustain the agency’s decision is the appellee; or

(iii)   if there is no appellee, then the caption may read “In re [name of appellant or other identification of the subject of the appeal],” followed by the designation of the appellant. Except where otherwise provided by law, the agency or another party to the case may become an appellee by filing an appearance within 21 days after service of the claim of appeal.

(b)   Claim of Appeal – Content. The claim of appeal must:

(i)   state “[Name of appellant] claims an appeal from the decision entered on [date] by [name of the agency],” and   

(ii)   include concise statements of the following:

[A]   the statute, rule, or other authority enabling the agency to conduct the proceedings;

[B]   the statute or constitutional provision authorizing appellate review of the agency’s decision or order in the circuit court; and

[C]   the facts on which venue is based under MCL 24.303(1).

(c)   Signature. The claim of appeal must be signed as stated in MCR 7.104(C)(3).

(d)   Other Documents. In addition to the claim of appeal, the appellant shall also comply with MCR 7.104(D).

(e)   Filing Requirements in the Agency. The appellant must comply with MCR 7.104(E).

(f)   Service. In addition to the service requirements found in MCR 7.104(D)(9), the appellant must also serve the Attorney General.

(3)   Appearance. The appellee shall file an appearance that complies with MCR 7.104(F) within 14 days after service of the claim of appeal.

(C)   Application for Interlocutory Appeal. A preliminary procedural or intermediate agency action or ruling is not immediately reviewable, except that a court may grant interlocutory appeal of a preliminary, procedural, or intermediate decision by an agency only on a showing that review of the final decision would not be an adequate remedy.

(1)   Time Requirements. An application for interlocutory appeal must be filed with the court within 14 days of the decision.

(2)   Manner of Filing. In addition to the requirements of MCR 7.105(B), the application must:

(a)   include a jurisdictional statement citing:

(i)   the statute, rule, or other authority enabling the agency to conduct proceedings, and

(ii)   the statute or constitutional provision authorizing appellate review of the agency’s decision or order in the circuit court;

(b)   include a statement of venue with supporting facts;

(c)   set forth why review of the agency’s final decision will not be an adequate remedy; and

(d)   state the relief sought.

(3)   Answer. An appellee may file an answer to an application for interlocutory appeal under MCR 7.105(C). The circuit court may require the filing of an answer.

(4)   If Application is Granted. If the application is granted, the appeal proceeds in the same manner as an appeal of right.

(D)   Late Appeal. The appellant may file an application for late appeal if permitted by statute.

(1)   Time Requirements. Unless inconsistent with the statute authorizing the appeal, the application must be filed within six months after entry of the agency decision or order.

(2)   Manner of Filing. In addition to the requirements of MCR 7.105(B), the application must include:

(a)   a statement citing the statute authorizing a late appeal;

(b)    a statement of facts explaining the delay; and

(c) statements of jurisdiction and venue complying with subrules (C)(2)(a) and (b).

(3)   Answer. An appellee may file an answer to the application for late appeal under MCR 7.105(C). The circuit court may require the filing of an answer.

(4)   If Application is Granted. If the application is granted, the appeal proceeds in the same manner as an appeal of right.

(E)   Stay of Enforcement. The filing of an appeal does not stay enforcement of the agency’s decision or order.

(1)   A party may file a motion seeking a stay in the circuit court.

(2)   For purposes of this subrule, the agency is entitled to notice even if it has not filed an appearance in the appeal.

(3)   The court may order a stay on appropriate terms and conditions if it finds that:

(a)   the moving party will suffer irreparable injury if a stay is not granted;

(b)   the moving party made a strong showing that it is likely to prevail on the merits;

(c)   the public interest will not be harmed if a stay is granted; and

(d)   the harm to the moving party in the absence of a stay outweighs the harm to the other parties to the proceedings if a stay is granted.

(4)   If the motion for stay is granted, the circuit court may set appropriate terms and conditions for the posting of a bond

(a)   in the amount required by any applicable statute authorizing the appeal, or

(b)   in an amount and with sureties that the circuit court deems adequate to protect the public and the parties when there are no statutory instructions.

(5)   Temporary Stay.

(a)   The circuit court may grant a temporary stay of enforcement without written notice only if

(i)   it clearly appears from facts alleged in the motion that immediate and irreparable injury will result if a stay is not entered before a hearing, and

(ii)   the moving party certifies to the court in writing that it made reasonable efforts to contact the other parties and agency, but was unsuccessful.

(b)   A temporary stay may be granted by the court until a hearing can be held. A hearing on a motion to dissolve a temporary stay will be heard on 24 hours’ notice, or less on order of the court for good cause shown, and takes precedence over all matters except previously filed matters of the same character.

 

(F)   Stipulations. The parties may stipulate regarding any issue on appeal or any part of the record on appeal if the stipulation is embodied in an order entered by the court.

(G)   Additional Evidence. A motion to present proofs of alleged irregularity in procedure before the agency, or to allow the taking of additional evidence before the agency, is timely only if it is filed with or included with the claim of appeal or application. The appellant shall promptly notice the motion for decision. If the court orders the taking of additional evidence, the time for filing briefs is stayed until the taking of the evidence is completed.

(H)   Decision. The court may affirm, reverse, remand, or modify the decision of the agency and may grant further relief as appropriate based on the record, findings, and conclusions.

(1)   If the agency’s decision or order is not supported by competent, material, and substantial evidence on the whole record, the court shall specifically identify the finding or findings that lack support.

(2)   If the agency’s decision or order violates the Constitution or a statute, is affected by a material error of law, or is affected by an unlawful procedure resulting in material prejudice to a party, the court shall specifically identify the agency’s conclusions of law that are being reversed.