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

Mich. Comp. Laws § 24.304 (2026)

Petition for review; filing, time; stay; record; scope.

✓ current as of July 2026
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ADMINISTRATIVE PROCEDURES ACT OF 1969


Act 306 of 1969


24.304 Petition for review; filing, time; stay; record; scope.

Sec. 104.

    (1) A petition shall be filed in the court within 60 days after the date of mailing notice of the final decision or order of the agency, or if a rehearing before the agency is timely requested, within 60 days after delivery or mailing notice of the decision or order thereon. The filing of the petition does not stay enforcement of the agency action but the agency may grant, or the court may order, a stay upon appropriate terms.

    (2) Within 60 days after service of the petition, or within such further time as the court allows, the agency shall transmit to the court the original or certified copy of the entire record of the proceedings, unless parties to the proceedings for judicial review stipulate that the record be shortened. A party unreasonably refusing to so stipulate may be taxed by the court for the additional costs. The court may permit subsequent corrections to the record.

    (3) The review shall be conducted by the court without a jury and shall be confined to the record. In a case of alleged irregularity in procedure before the agency, not shown in the record, proof thereof may be taken by the court. The court, on request, shall hear oral arguments and receive written briefs.

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

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Act 306

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APA
Notes of Decisions
Cited in 64 cases (7 in the last 5 years), 1972–2026 · leading case: Workers' Comp. Agency Dir. v. MacDonald's Indus. Prods., Inc., 853 N.W.2d 467 (Mich. Ct. App. 2014).
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Workers' Comp. Agency Dir. v. MacDonald's Indus. Prods., Inc., 853 N.W.2d 467 (Mich. Ct. App. 2014). · cites it 3× “570; MCL 24.304(1). MCL 209.105. MCL 207.570; MCL 24.”
Preserve the Dunes, Inc v. Dep't of Env't Quality, 684 N.W.2d 847 (Mich. 2004). · cites it 2× “PTD brought this action nineteen months after the DEQ’s decision to grant TechniSand’s application for an amended permit, which far exceeds the sixty-day period allowed by the APA, MCL 24.304(1), and the twenty-one-day period provided by MCR 7.”
Davis v. Dep't of Corr., 651 N.W.2d 486 (Mich. Ct. App. 2002). · cites it 3× “The statute applicable here, MCL 24.304, contains no provision permitting the filing of a *376 delayed appeal; therefore, MCR 7.”
Hagen v. Dep't of Educ., 427 N.W.2d 879 (Mich. 1988). · cites it 4× “MCL 24.304(1); MSA 3.560(204)(1). Nothing in § 104 of the APA suggests that tenure proceedings automatically move beyond the administrative level at the expiration of the appeal period.”
Nw. Nat'l Cas. Co. v. Comm'r of Ins., 586 N.W.2d 563 (Mich. Ct. App. 1998). · cites it 2× “560(203)(1), within sixty days of the date when the agency’s decision was mailed, MCL 24.304(1); MSA 3.560(204)(1). Clearly, an independent action attacking the agency’s decision is not contemplated.”
Womack-Scott v. Dep't of Corr., 630 N.W.2d 650 (Mich. Ct. App. 2001). · cites it 2× “Here, plaintiff did not appeal the esc decision to the circuit court within the sixty-day period mandated by the apa, see MCL 24.304(1), but instead she filed a separate action in the circuit court.”
Lawson v. Edwardsburg Pub. Sch., 751 F. Supp. 1257 (W.D. Mich. 1990). · cites it 2× “Mich.Comp.Laws Ann. § 24.304(1) (West 1981).”
Ins. Inst. v. Comm'r of the Off. of Fin. & Ins. Servs., 761 N.W.2d 184 (Mich. Ct. App. 2008). · cites it 12× “301, and that under § 104 of the APA, MCL 24.304, such review is confined to the agency record.”
Citizens for Common Sense in Gov't v. Attorney Gen., 620 N.W.2d 546 (Mich. Ct. App. 2000). “MCL 24.304(3); MSA 3.560(204)(3). 12 By saying this, we do not mean to imply any opinion concerning the issue whether OAG No 5822 remains valid after the passage of § 57.”
Dukesherer Farms, Inc v. Dir. of the Dep't of Agric., 273 N.W.2d 877 (Mich. 1979). “Both the principal and the intervening defendants subsequently filed motions for accelerated judgment based on the theory that plaintiff had failed to comply with the time limits for judicial review found in the Administrative Procedures Act of 1969, MCL 24.”
Human Rights Party v. Michigan Corr. Comm'n, 256 N.W.2d 439 (Mich. Ct. App. 1977). “560(203), and review is confined to the record and must be undertaken without a jury, MCLA 24.304; MSA 3.560(204). Further, MCLA 24.”
Teddy 23, LLC v. Michigan Film Off., 313 Mich. App. 557 (Mich. Ct. App. 2015). “See MCL 24.304(1). Additionally, plaintiffs argue that they were diligent in filing an application for leave to appeal in the circuit court after learning that defendants did not believe the Court of Claims had subject-matter jurisdiction over their case.”
Show all 64 citing cases →
— Mich. Comp. Laws § 24.304(1) — 27 cases
Workers' Comp. Agency Dir. v. MacDonald's Indus. Prods., Inc., 853 N.W.2d 467 (Mich. Ct. App. 2014). “570; MCL 24.304(1). MCL 209.105. MCL 207.570; MCL 24.”
Preserve the Dunes, Inc v. Dep't of Env't Quality, 684 N.W.2d 847 (Mich. 2004). “PTD brought this action nineteen months after the DEQ’s decision to grant TechniSand’s application for an amended permit, which far exceeds the sixty-day period allowed by the APA, MCL 24.304(1), and the twenty-one-day period provided by MCR 7.”
Davis v. Dep't of Corr., 651 N.W.2d 486 (Mich. Ct. App. 2002). “The statute applicable here, MCL 24.304, contains no provision permitting the filing of a *376 delayed appeal; therefore, MCR 7.”
Lawson v. Edwardsburg Pub. Sch., 751 F. Supp. 1257 (W.D. Mich. 1990). “Mich.Comp.Laws Ann. § 24.304(1) (West 1981).”
Hagen v. Dep't of Educ., 427 N.W.2d 879 (Mich. 1988). “MCL 24.304(1); MSA 3.560(204)(1). Nothing in § 104 of the APA suggests that tenure proceedings automatically move beyond the administrative level at the expiration of the appeal period.”
— Mich. Comp. Laws § 24.304(2) — 7 cases
Hagen v. Dep't of Educ., 427 N.W.2d 879 (Mich. 1988). “MCL 24.304(1); MSA 3.560(204)(1). Nothing in § 104 of the APA suggests that tenure proceedings automatically move beyond the administrative level at the expiration of the appeal period.”
Meadows v. Marquette Prison Warden, 324 N.W.2d 507 (Mich. Ct. App. 1982).
Tomlin v. Dep't of Soc. Servs., 398 N.W.2d 490 (Mich. Ct. App. 1986).
Hicks v. Dep't of Com., 560 N.W.2d 54 (Mich. Ct. App. 1996).
Justewicz v. Hamtramck Civil Serv. Comm'n, 237 N.W.2d 555 (Mich. Ct. App. 1975).
— Mich. Comp. Laws § 24.304(3) — 11 cases
Citizens for Common Sense in Gov't v. Attorney Gen., 620 N.W.2d 546 (Mich. Ct. App. 2000). “MCL 24.304(3); MSA 3.560(204)(3). 12 By saying this, we do not mean to imply any opinion concerning the issue whether OAG No 5822 remains valid after the passage of § 57.”
Nw. Nat'l Cas. Co. v. Comm'r of Ins., 586 N.W.2d 563 (Mich. Ct. App. 1998). “560(203)(1), within sixty days of the date when the agency’s decision was mailed, MCL 24.304(1); MSA 3.560(204)(1). Clearly, an independent action attacking the agency’s decision is not contemplated.”
Womack-Scott v. Dep't of Corr., 630 N.W.2d 650 (Mich. Ct. App. 2001). “Here, plaintiff did not appeal the esc decision to the circuit court within the sixty-day period mandated by the apa, see MCL 24.304(1), but instead she filed a separate action in the circuit court.”
Ins. Inst. v. Comm'r of the Off. of Fin. & Ins. Servs., 761 N.W.2d 184 (Mich. Ct. App. 2008). “301, and that under § 104 of the APA, MCL 24.304, such review is confined to the agency record.”
Ins. Inst. of Michigan v. Comm'r Fin. & Ins. Servs., 764 N.W.2d 571 (Mich. 2009).
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.