ADMINISTRATIVE PROCEDURES ACT OF 1969
Act 306 of 1969
24.285 Final decision and order.
Sec. 85.
A final decision or order of an agency in a contested case shall be made, within a reasonable period, in writing or stated in the record and shall include findings of fact and conclusions of law separated into sections captioned or entitled "findings of fact" and "conclusions of law", respectively. Findings of fact shall be based exclusively on the evidence and on matters officially noticed. Findings of fact, if set forth in statutory language, shall be accompanied by a concise and explicit statement of the underlying facts supporting them. If a party submits proposed findings of fact that would control the decision or order, the decision or order shall include a ruling upon each proposed finding. Each conclusion of law shall be supported by authority or reasoned opinion. A decision or order shall not be made except upon consideration of the record as a whole or a portion of the record as may be cited by any party to the proceeding and as supported by and in accordance with the competent, material, and substantial evidence. A copy of the decision or order shall be delivered or mailed immediately to each party and to his or her attorney of record.
History: 1969, Act 306, Eff. July 1, 1970 ;-- Am. 1970, Act 40, Imd. Eff. July 1, 1970 ;-- Am. 1993, Act 83, Eff. Apr. 1, 1994
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Act 306
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APA
Notes of Decisions
Cited in
65
cases (
3 in the last 5 years), 1975–2026 · leading case:
Sharp v. City of Lansing, 629 N.W.2d 873 (Mich. 2001).
Sharp v. City of Lansing, 629 N.W.2d 873 (Mich. 2001).
· cites it 4× “In a related vein, plaintiff suggests that the commission erred in failing to make findings of fact and conclusions of law when it approved defendant's affirmative action plan.”
In Re Indiana Michigan Power Co., 738 N.W.2d 289 (Mich. Ct. App. 2007).
· cites it 2× “ION ON SNF ISSUES Appellants argue that the PSC’s orders here are unlawful and unreasonable because the PSC’s decision on the SNF issues is not supported by competent, material, and substantial evidence on the whole record as required by Const 1963, art 6, § 28, and does not…”
Southfield Police Officers Ass'n v. Southfield, 445 N.W.2d 98 (Mich. 1989).
· cites it 2× “MCL 24.285; MSA 3.560(185). It is axiomatic that the crux of this entire case is whether investigative work is DPLSA bargaining unit work.”
Dep't of Cmty. Health v. Risch, 733 N.W.2d 403 (Mich. Ct. App. 2007).
“MCL 24.285; see also 1999 AC, R 338.1630(1) (providing that “[a]fter reviewing the entire record and the opinion of the administrative law judge, the disciplinary subcommittee .”
In Re Detroit Edison Co. Application, 740 N.W.2d 685 (Mich. Ct. App. 2007).
· cites it 2× “Const 1963, art 6, § 28; MCL 24.285. ABATE argues that the PSC’s decision adopting the TPSR tariff violates Const 1963, art 6, § 28, MCL 24.”
Dignan v. Michigan Pub. Sch. Employees Ret. Bd., 659 N.W.2d 629 (Mich. Ct. App. 2003).
“MCL 24.285. The decision must be based on the record as a whole and supported by and in accordance with the competent, material, and substantial evidence.”
Sharp v. City of Lansing, 606 N.W.2d 424 (Mich. Ct. App. 2000).
· cites it 2× “Defendant’s ministerial activities, carried out to execute the approved plan, did not involve an improper delegation of authority.”
Great Lakes Steel Div. of Nat'l Steel Corp. v. Pub. Serv. Comm'n, 330 N.W.2d 380 (Mich. 1982).
· cites it 2× “The first count of the plaintiffs' complaint alleged a violation of § 85 of the Administrative Procedures Act, MCL 24.285; MSA 3.560(185), in that the flat rate surcharge was not supported by "competent, material and substantial evidence on the record as a whole or any portion…”
Michigan Elec. Coop. Ass'n v. Pub. Serv. Comm'n, 705 N.W.2d 709 (Mich. Ct. App. 2005).
“In a contested case, the rules of evidence are followed to the extent practicable. MCL 24.275. A final decision in a contested case must be in writing or stated in the record and must contain findings of fact and conclusions of law.”
Annotations are extracted automatically from the opinions in the
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treatment. Dots show Syfertize treatment of the citing case itself.