Rule 7.123 Appeals From Agencies not Governed by Another Rule

(A)   Scope. This rule governs an appeal to the circuit court from an agency decision that is not governed by another rule in this subchapter. Unless this rule provides otherwise, MCR 7.101 through 7.115 apply.

(B)   Appeal of Right.

(1)   Time Requirements. Time requirements are governed by MCR 7.104(A).

(2)   Manner of Filing.

(a)   Claim of Appeal – Form. The claim of appeal shall conform to the requirements of MCR 7.119(B)(2)(a).

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

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

(ii)   include concise statements of the following:

[A]   the nature of the proceedings before the agency;

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

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

[D]   the facts on which venue is based.

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

(d)   Other Documents. The appellant must also comply with MCR 7.104(D).

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

(f)   Service. The appellant must comply with MCR 7.104(D)(7).

(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 Leave to Appeal or for Interlocutory Appeal.

(1)   Time Requirements. An application must comply with MCR 7.105(A).

(2)   Manner of Filing. An application must comply with MCR 7.105 and MCR 7.123(B)(2)(b)(ii). An application for interlocutory appeal shall also state why review of the agency’s final decision will not be an adequate remedy.

(3)   Answer. An appellee may file an answer to an application that complies with 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 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 late 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 MCR 7.123(B)(2)(b)(ii).

(3)   Answer. An appellee

(E)   Stay of Enforcement. The filing of an appeal or an application for leave to 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)   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.