Mich. Comp. Laws » Michigan Compiled Laws / Chapter 24 / Act 306 of 1969

Mich. Comp. Laws § 24.203

Definitions; A to G.

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ADMINISTRATIVE PROCEDURES ACT OF 1969


Act 306 of 1969


24.203 Definitions; A to G.

Sec. 3.

    (1) "Adoption of a rule" means that step in the processing of a rule consisting of the formal action of an agency establishing a rule before its promulgation.

    (2) "Agency" means a state department, bureau, division, section, board, commission, trustee, authority or officer, created by the constitution, statute, or agency action. Subject to section 115(5), agency includes the municipal employees retirement system and the retirement board created by the municipal employees retirement act of 1984, 1984 PA 427, MCL 38.1501 to 38.1555. Agency does not include an agency in the legislative or judicial branch of state government, the governor, an agency having direct governing control over an institution of higher education, the state civil service commission, or an association of insurers created under the insurance code of 1956, 1956 PA 218, MCL 500.100 to 500.8302, or other association or facility formed under that act as a nonprofit organization of insurer members.

    (3) "Contested case" means a proceeding, including rate-making, price-fixing, and licensing, in which a determination of the legal rights, duties, or privileges of a named party is required by law to be made by an agency after an opportunity for an evidentiary hearing. When a hearing is held before an agency and an appeal from its decision is taken to another agency, the hearing and the appeal are considered a continuous proceeding as though before a single agency.

    (4) "Committee" means the joint committee on administrative rules.

    (5) "Court" means the circuit court.

    (6) "Decision record" means, in regard to a request for rule-making where an agency receives recommendations or comments by an advisory committee or other advisory entity created by statute, both of the following:

    (a) The minutes of all meetings related to the request for rule-making.

    (b) The votes of members.

    (7) "Guideline" means an agency statement or declaration of policy that the agency intends to follow, that does not have the force or effect of law, and that binds the agency but does not bind any other person.

    

    

History: 1969, Act 306, Eff. July 1, 1970 ;-- Am. 1970, Act 40, Imd. Eff. July 1, 1970 ;-- Am. 1977, Act 108, Eff. Jan. 1, 1978 ;-- Am. 1988, Act 277, Imd. Eff. July 27, 1988 ;-- Am. 2011, Act 239, Imd. Eff. Dec. 1, 2011 ;-- Am. 2022, Act 221, Imd. Eff. Oct. 14, 2022

Compiler's Notes:

    Section 2 of Act 277 of 1988 provides:

    “The amendment to section 3 of Act No. 306 of the Public Acts of 1969, being section 24.203 of the Michigan Compiled Laws, pursuant to this amendatory act is intended to codify, approve, and validate the actions and long-standing practices taken by the associations and facilities mentioned in this amendatory act retroactively to the time of their original creation. It is the intent of this amendatory act to rectify the misconstruction of the applicability of the administrative procedures act of 1969 by the court of appeals in League General Insurance Company v Catastrophic Claims Association, Case No. 93744, December 21, 1987, with respect to the imposition of rule promulgation requirements on the catastrophic claims association as a state agency, and to further assure that the associations and facilities mentioned in this amendatory act, and their respective boards of directors, shall not hereafter be treated as a state agency.”

    Enacting section 1 of Act 221 of 2022 provides:

    "Enacting section 1. This amendatory act is intended to be retroactive and applies retroactively effective on and after August 15, 1996."

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Act 306

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APA
Notes of Decisions
Cited in 129 cases (17 in the last 5 years), 1972–2025 · leading case: Hanselman v. Wayne County Concealed Weapon Licensing Board
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Hanselman v. Wayne County Concealed Weapon Licensing Board (1984) mich · cites it 8× “Repealed and replaced by 1969 PA 306 , MCL 24.203; MSA 3.560(103) and MCL 24.207; MSA 3.”
Coalition Protecting Auto No-Fault v. Michigan Catastrophic Claims Ass'n (2016) michctapp · cites it 4× “Our Supreme Court explained that in MCL 24.203(2) the APA defined a “state agency,” as “a state department, bureau, division, section, board, commission, trustee, authority or officer, created by the constitution, statute, or agency action.”
Manuel v. Gill (2008) mich · cites it 2× “" MCL 24.203(2). [6] Because it was undisputed that the board at issue had been "created by .”
Westland Convalescent Center v. Blue Cross & Blue Shield (1982) mich · cites it 6× “" MCL 24.203(2); MSA 3.560(103)(2). While the words of the statute might be read as including any instrumentality of state government, including what the SNFs characterize as a "quasi-public corporation", we are persuaded that the statutory definition of "agency" includes only…”
League General Insurance v. Michigan Catastrophic Claims Ass'n (1990) mich · cites it 5× “14 We need not discuss whether an exemption under MCL 24.203; MSA 3.560(103) applies to the mcca, in light of our determination that the mcca is not a state agency.”
S. Dearborn Envtl. Improvement Ass'n, Inc. v. Dep't of Envtl. Quality (2018) mich “However, Chapter 1 of the APA defines "contested case," in pertinent part, as a proceeding, including ... licensing, in which a determination of the legal rights, duties, or privileges of a named party is required by law to be made by an agency after an opportunity for an…”
Michelson v. Voison (2003) michctapp · cites it 2× “§ 24.203(6), we generally give deference to administrative agency interpretations.”
Walen v. Department of Corrections (1993) mich · cites it 2× “[12] MCL 24.203(3); MSA 3.560(103)(3). [13] MCL 791.”
American Federation of State, County & Municipal Employees v. Department of Mental Health (1996) mich · cites it 4× “§ 24.203(6); M.S.A. § 3.560(103)(6). The standard form contract is not a "guideline" because, contrary to the dissent's assertions, it does bind other persons, namely, the private group home operators who seek to provide residential mental health services under contract with the…”
Penn v. Department of Corrections (1980) michctapp · cites it 4× “As such, defendant argues that the proceeding in question here is not a "contested case" under MCL 24.203(3); MSA 3.560(103)(3). We disagree.”
Greenfield Construction Co. v. Department of State Highways (1978) mich · cites it 2× “" MCLA 24.203(2); MSA 3.560(103)(2). [46] See MCLA 600.”
Midland Township v. State Boundary Commission (1977) mich · cites it 2× “" 1969 PA 306 ; MCLA 24.203(3); MSA 3.560(103)(3) (emphasis supplied).”
Show all 129 citing cases →
— Mich. Comp. Laws § 24.203(1) — 4 cases
Mallchok v. Liquor Control Commission (1976) michctapp
In re Consumers Energy Co. (2014) michctapp
Michigan Charitable Gaming Association v. State of Michigan (2015) michctapp
S & S Industries, Inc. v. Director of Bureau of Workers' Disability Compensation (1982) michctapp
— Mich. Comp. Laws § 24.203(2) — 32 cases
Coalition Protecting Auto No-Fault v. Michigan Catastrophic Claims Ass'n (2016) michctapp “Our Supreme Court explained that in MCL 24.203(2) the APA defined a “state agency,” as “a state department, bureau, division, section, board, commission, trustee, authority or officer, created by the constitution, statute, or agency action.”
Manuel v. Gill (2008) mich “" MCL 24.203(2). [6] Because it was undisputed that the board at issue had been "created by .”
Hanselman v. Wayne County Concealed Weapon Licensing Board (1984) mich “Repealed and replaced by 1969 PA 306 , MCL 24.203; MSA 3.560(103) and MCL 24.207; MSA 3.”
League General Insurance v. Michigan Catastrophic Claims Ass'n (1990) mich “14 We need not discuss whether an exemption under MCL 24.203; MSA 3.560(103) applies to the mcca, in light of our determination that the mcca is not a state agency.”
Westland Convalescent Center v. Blue Cross & Blue Shield (1982) mich “" MCL 24.203(2); MSA 3.560(103)(2). While the words of the statute might be read as including any instrumentality of state government, including what the SNFs characterize as a "quasi-public corporation", we are persuaded that the statutory definition of "agency" includes only…”
— Mich. Comp. Laws § 24.203(3) — 72 cases
S. Dearborn Envtl. Improvement Ass'n, Inc. v. Dep't of Envtl. Quality (2018) mich “However, Chapter 1 of the APA defines "contested case," in pertinent part, as a proceeding, including ... licensing, in which a determination of the legal rights, duties, or privileges of a named party is required by law to be made by an agency after an opportunity for an…”
Walen v. Department of Corrections (1993) mich “[12] MCL 24.203(3); MSA 3.560(103)(3). [13] MCL 791.”
Penn v. Department of Corrections (1980) michctapp “As such, defendant argues that the proceeding in question here is not a "contested case" under MCL 24.203(3); MSA 3.560(103)(3). We disagree.”
Midland Township v. State Boundary Commission (1977) mich “" 1969 PA 306 ; MCLA 24.203(3); MSA 3.560(103)(3) (emphasis supplied).”
Dignan v. Michigan Public School Employees Retirement Board (2003) michctapp
— Mich. Comp. Laws § 24.203(5) — 2 cases
University of Michigan v. Graduate Employees organization/aft (2012) mich
University of Michigan v. Graduate Employees organization/aft (2012) mich
— Mich. Comp. Laws § 24.203(6) — 14 cases
Michelson v. Voison (2003) michctapp “§ 24.203(6), we generally give deference to administrative agency interpretations.”
American Federation of State, County & Municipal Employees v. Department of Mental Health (1996) mich “§ 24.203(6); M.S.A. § 3.560(103)(6). The standard form contract is not a "guideline" because, contrary to the dissent's assertions, it does bind other persons, namely, the private group home operators who seek to provide residential mental health services under contract with the…”
Faircloth v. Family Independence Agency (1999) michctapp
Martin v. Department of Corrections (1986) mich
JW Hobbs Corp. v. REV. DIV., TREASURY DEP'T (2005) michctapp
— Mich. Comp. Laws § 24.203(7) — 8 cases
Department of Environmental Quality v. Hernan F Gomez (2016) michctapp
Airgas Specialty Products v. Mi Occupational Safety & Health Admin (2021) michctapp
Township of Hopkins v. State Boundary Commission (2022) michctapp
Michigan Farm Bureau v. Dept of Environment Great Lakes and Energy (2022) michctapp
Philip M O'Halloran Md v. Secretary of State (2023) michctapp
— Mich. Comp. Laws § 24.203(b) — 1 case
Department of Civil Rights Ex Rel. Parks v. General Motors Corp. (1979) michctapp
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