Michigan Compiled Laws

Mich. Comp. Laws § 24.279 (2026)

Presiding officers; designation; disqualification, inability.

✓ current as of July 2026

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ADMINISTRATIVE PROCEDURES ACT OF 1969

Act 306 of 1969

24.279 Presiding officers; designation; disqualification, inability.

Sec. 79.

An agency, 1 or more members of the agency, a person designated by statute or 1 or more hearing officers designated and authorized by the agency to handle contested cases, shall be presiding officers in contested cases. Hearings shall be conducted in an impartial manner. On the filing in good faith by a party of a timely and sufficient affidavit of personal bias or disqualification of a presiding officer, the agency shall determine the matter as a part of the record in the case, and its determination shall be subject to judicial review at the conclusion of the proceeding. When a presiding officer is disqualified or it is impracticable for him to continue the hearing, another presiding officer may be assigned to continue with the case unless it is shown that substantial prejudice to the party will result therefrom.

History: 1969, Act 306, Eff. July 1, 1970 ;-- Am. 1970, Act 40, Imd. Eff. July 1, 1970

PopularName Notes:

Act 306

PopularName Notes:

APA

Notes of Decisions

Cited in 19 cases, 1976–2017 · leading case: Dignan v. Michigan Pub. Sch. Employees Ret. Bd., 659 N.W.2d 629 (Mich. Ct. App. 2003).

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Dignan v. Michigan Pub. Sch. Employees Ret. Bd., 659 N.W.2d 629 (Mich. Ct. App. 2003). “MCL 24.279. The powers of a presiding officer are provided in MCL 24.”

City of Livonia v. Dep't of Soc. Servs., 378 N.W.2d 402 (Mich. 1985). “MCL 24.279; MSA 3.560(179). Actual bias need not be shown.”

Auto. Serv. Councils v. Sec'y of State, 267 N.W.2d 698 (Mich. Ct. App. 1978). · cites it 2× “[7] MCLA 24.279; MSA 3.560(179): "An agency 1 or more members of the agency, a person designated by statute or 1 or more hearing officers designated and authorized by the agency to handle contested cases, shall be presiding officers in contested cases.”

Bisco’s, Inc v. Liquor Control Comm'n, 238 N.W.2d 166 (Mich. 1976). “” MCLA 24.279; MSA 3.560(179). See Napuche v Liquor Control Commission, supra, where the evidentiary hearing on a charge of violation of the rules and regulations of the commission was held before a hearing examiner pursuant to "§ 5a of the Michigan liquor control act, as added…”

Michigan Intra-State Motor Tariff Bureau, Inc v. Pub. Serv. Comm'n, 504 N.W.2d 677 (Mich. Ct. App. 1993). · cites it 2× “Moreover, under MCL 24.279; MSA 3.560(179), an agency may determine questions of disqualification.”

Russo v. Dep't of Licensing & Reg., 326 N.W.2d 583 (Mich. Ct. App. 1982). “MCL 24.279; MSA 3.560(179). Petitioner did not invoke the disqualification procedure in this case.”

Blue Water Isles Co. v. Dep't of Nat. Resources, 431 N.W.2d 53 (Mich. Ct. App. 1988). “MCL 24.279; MSA 3.560(179). Plaintiff argues that because the dnr was responsible for decisions on permanent requests for development of the St.”

Tomlin v. Dep't of Soc. Servs., 398 N.W.2d 490 (Mich. Ct. App. 1986). “The Livonia Court first noted that the right to a hearing before an unbiased and impartial administrative decisionmaker is a basic requirement of due process and of MCL 24.279; MSA 3.560(179). The Court then stated that actual bias need not be shown, but that the situation must…”

Michigan Ass'n of Admin. Law Judges v. Pers. Dir., 402 N.W.2d 19 (Mich. Ct. App. 1986). · cites it 3× “Instead, he found that their positions were authorized by MCL 24.279; MSA 3.560(179), part of the Administrative Procedures Act, which provides: An agency, 1 or more members of the agency, a person designated by statute or 1 or more hearing officers designated and authorized by…”

Battiste v. Dep't of Soc. Servs., 398 N.W.2d 447 (Mich. Ct. App. 1986). “Petitioner contends that §§ 79 and 87(3) of the apa, MCL 24.279; MSA 3.560(179), and MCL 24.287(3); MSA 3.”

Walker’s Amusements, Inc v. Lathrup Vill., 298 N.W.2d 878 (Mich. Ct. App. 1980). “4 Plaintiff’s last two issues were not raised in the *44 trial court.”

Michigan Mut. Ins. v. Dep't of Consum. & Indus. Servs. Dir., 632 N.W.2d 500 (Mich. Ct. App. 2001). “212(3), and the apa, MCL 24.279 (Commissioner of Insurance is authorized to designate the persons who will serve as presiding officers in contested cases over which the commissioner has authority).”

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