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Michigan

Michigan Compiled Laws Annotated. Chapter 324. Natural Resources and Environmental Protection Act. Natural Resources and Environmental Protection Act. Article I. General Provisions. Part 11. General Appellate Rights and Public Access to Government

Statute Details
Printable Version
Citation: MCL 324.1101 - MCL 324.1102

Citation: MI ST 324.1101 - MCL 324.1102


Last Checked by Web Center Staff: 01/2014

Summary:   These sections describe the ability of courts and the Commission to review the Department of Natural Resources decisions and the ability for the public to circulate and sign petitions.


Statute in Full:

324.1101 Review of decision.

Sec. 1101.

(1) If a person has legal standing to challenge a final decision of the department under this act regarding the issuance, denial, suspension, revocation, annulment, withdrawal, recall, cancellation, or amendment of a permit or operating license, the commission, upon request of that person, shall review the decision and make the final agency decision. A preliminary, procedural, or intermediate decision of the department is reviewable by the commission only if the commission elects to grant a review. If a person is granted review by the commission under this section, the person is considered to have exhausted his or her administrative remedies with regard to that matter. The commission may utilize administrative law judges or hearing officers to conduct the review of decisions as contested case hearings and to issue proposals for decisions as provided by law or rule.

(2) In all instances, except those described in subsection (1), if a person has legal standing to challenge a final decision of the department under this act, that person may seek direct review by the courts as provided by law. Direct review by the courts is available to that person as an alternative to any administrative remedy that is provided in this act. A preliminary, procedural, or intermediate action or ruling of the department is not immediately reviewable, except that the court may grant leave for review of a preliminary, procedural, or intermediate action or ruling if the court determines that review of the final decision would not provide an adequate remedy. If a person is granted direct review by the courts under this section, the person is considered to have exhausted his or her administrative remedies with regard to that matter.

(3) If the court does not review a decision of the department brought before the court as provided in this section, the person with legal standing retains any administrative appeal rights that are otherwise provided by law.

(4) If the court reviews a preliminary, procedural, or intermediate decision of the department brought before the court as provided in this section, the person with legal standing retains the right to judicial review of the final decision of the department as provided by law.

History: 1994, Act 451, Eff. Mar. 30, 1995.

 

324.1102 Violation of §§ 168.1 to 168.992 applicable to petitions; penalties.

Sec. 1102.

A petition under section 4307, 4709, or 11906, including the circulation and signing of the petition, is subject to section 488 of the Michigan election law, 1954 PA 116, MCL 168.488. A person who violates a provision of the Michigan election law, 1954 PA 116, MCL 168.1 to 168.992, applicable to a petition described in this section is subject to the penalties prescribed for that violation in the Michigan election law, 1954 PA 116, MCL 168.1 to 168.992.

History: Add. 1998, Act 187, Eff. Mar. 23, 1999 .

Popular Name: Act 451

 



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