ADMINISTRATIVE PROCEDURES ACT OF 1969
Act 306 of 1969
24.305 Inadequate record; additional evidence, modification of findings, decision order.
Sec. 105.
If timely application is made to the court for leave to present additional evidence, and it is shown to the satisfaction of the court that an inadequate record was made at the hearing before the agency or that the additional evidence is material, and that there were good reasons for failing to record or present it in the proceeding before the agency, the court shall order the taking of additional evidence before the agency on such conditions as the court deems proper. The agency may modify its findings, decision or order because of the additional evidence and shall file with the court the additional evidence and any new findings, decision or order, which shall become part of the record.
History: 1969, Act 306, Eff. July 1, 1970
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Act 306
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APA
Notes of Decisions
Michigan Ass'n of Home Builders v. Dep't of Labor & Econ. Growth Dir., 750 N.W.2d 593 (Mich. 2008).
· cites it 2× “MCL 24.305 specifically provides for the expansion of the record in a contested case by way of a remand to the agency: If timely application is made to the court for leave to present additional evidence, and it is shown to the satisfaction of the court that an inadequate record…”
Womack-Scott v. Dep't of Corr., 630 N.W.2d 650 (Mich. Ct. App. 2001).
“MCL 24.305; MCR 7.105(1); cf. In re Nichols, 150 Mich App 1, 9 ; 388 NW2d 682 (1986) (“While the APA limits review to the record, it also provides [a party] a remedy rendering a de novo court hearing unnecessary.”
Wronski v. Sun Oil Co., 310 N.W.2d 321 (Mich. Ct. App. 1981).
“Defendants contend that since MCL 24.305; MSA 3.560(205) provides that an administrative agency may "modify its findings, decision or order because of the additional evidence” no remand would be appropriate in this case as, pursuant to the Michigan Unitization Law, the appeal…”
Kassab v. Acho, 336 N.W.2d 816 (Mich. Ct. App. 1983).
“” MCL 24.305; MSA 3.560(205) (emphasis added).”
In Re Nichols, 388 N.W.2d 682 (Mich. Ct. App. 1986).
“Section 105 of the APA, MCL 24.305; MSA 3.560(205), provides in relevant part: "If timely application is made to the court for leave to present additional evidence, and it is shown to the satisfaction of the court that an inadequate record was made at the hearing before the…”
Dep't of Mental Health v. Nichols, 150 Mich. App. 1 (Mich. Ct. App. 1986).
“Section 105 of the APA, MCL 24.305; MSA 3.560(205), provides in relevant part: "If timely application is made to the court for leave to present additional evidence, and it is shown to the satisfaction of the court that an inadequate record was made at the hearing before the…”
Garret Gerard Dobek v. Dep't of Corr. (Mich. Ct. App. 2026).
· cites it 2× “Under MCL 24.305, the court may also allow additional evidence when “it is shown to the satisfaction of the court that an inadequate record was made at the hearing before the agency or that the additional evidence is material, and that there were good reasons for failing to…”
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