CORRECTIONS CODE OF 1953
Act 232 of 1953
791.254 Rehearing; order; request; conduct; evidence; amending or vacating decision or order; rules.
Sec. 54.
(1) The department shall provide for a rehearing of a matter that was subject to a hearing, pursuant to this section. A rehearing may be ordered by the hearings administrator after a review of the record of the hearing. A rehearing may be held upon the request of a party or upon the department's own motion.
(2) A rehearing shall be ordered if any of the following occurs:
(a) The record of testimony made at the hearing is inadequate for purposes of judicial review.
(b) The hearing was not conducted pursuant to applicable statutes or policies and rules of the department and the departure from the statute, rule, or policy resulted in material prejudice to either party.
(c) The prisoner's due process rights were violated.
(d) The decision of the hearings officer is not supported by competent, material, and substantial evidence on the record as a whole.
(e) It is determined, based on fact, that the hearings officer conducting the hearing was personally biased in favor of 1 of the parties.
(3) A request for a rehearing shall be filed within 30 days after the final decision or order is issued after the initial hearing. A rehearing shall be conducted in the same manner as an original hearing. The evidence received at the rehearing shall be included in the record for department reconsideration and for judicial review. A decision or order may be amended or vacated after the rehearing.
(4) Pursuant to the administrative procedures act of 1969, Act No. 306 of the Public Acts of 1969, being sections 24.201 to 24.315 of the Michigan Compiled Laws, the department shall promulgate the rules necessary to implement this chapter.
History: Add. 1979, Act 140, Eff. Feb. 1, 1980 ;-- Am. 1983, Act 155, Eff. Oct. 1, 1983
PopularName Notes:
Department of Corrections Act
Notes of Decisions
Toran Peterson v. Richard Johnson, 714 F.3d 905 (6th Cir. 2013).
· cites it 2× “See Mich. Comp. Laws §§ 791.254 , 791.255. Given all of these protections, it is no wonder that for decades Michigan courts have recognized major misconduct hearings as “judicial proceedings.”
Martin v. Dep't of Corr., 384 N.W.2d 392 (Mich. 1986).
· cites it 2× “MCL 791.254(4); MSA 28.2320(54)(4) directs the department to promulgate rules under the APA to implement the procedures in rehearings involving prisoner misconduct hearings.”
Shelly v. Johnson, 684 F. Supp. 941 (W.D. Mich. 1987).
· cites it 3× “§§ 791.254, 791.255, M.S.A. §§ 28.2320(54), 28.”
Branham v. Spurgis, 720 F. Supp. 605 (W.D. Mich. 1989).
· cites it 5× “Michigan statutory law, Mich.Comp.Laws § 791.254, provides for rehearing of prison disciplinary decisions on the ground, among others, that “[t]he prisoner’s due process rights were violated.”
King v. Caruso, 542 F. Supp. 2d 703 (E.D. Mich. 2008).
“Even if she did not receive notice of the original hearing, a rehearing was granted in accordance with MCL 791.254 and R 791.3320.62, and she was able to attend this second hearing.”
Percy v. Jabe, 823 F. Supp. 445 (E.D. Mich. 1993).
“§ 791.254. After seeking a rehearing, the prisoner may seek judicial review of the hearing officer’s decision or order.”
Leonard v. Wallace, 865 F. Supp. 426 (E.D. Mich. 1994).
“§ 791.254. Under the applicable statute, plaintiff can seek a rehearing, as he did in this case.”
Loukas v. Hofbauer, 784 F. Supp. 377 (E.D. Mich. 1991).
“§§ 791.254(2)(c) and 791.255, the defendants argue that the plaintiff’s failure to avail himself of these remedies means that no due process deprivation has occurred, and his claim is barred.”
Stanley 610609 v. Houle (W.D. Mich. 2020).
· cites it 4× “See Mich. Comp. Laws § 791.254 (1). A. Grievances Plaintiff arguably challenges Defendant Russell’s denial of Plaintiff’s Step III grievances filed against Defendants Houle, Darnell, and Morris.”
Mims 838715 v. Huss (W.D. Mich. 2020).
· cites it 2× “See Mich. Comp. Laws § 791.252 (k). There are provisions for rehearings, see Mich.”
Fleming 462849 v. McMahon (W.D. Mich. 2020).
· cites it 2× “See Mich. Comp. Laws § 791.252 (k). There are provisions for rehearings, see Mich.”
— Mich. Comp. Laws § 791.254(2)(b) — 1 case
Branham v. Spurgis, 720 F. Supp. 605 (W.D. Mich. 1989).
“Michigan statutory law, Mich.Comp.Laws § 791.254, provides for rehearing of prison disciplinary decisions on the ground, among others, that “[t]he prisoner’s due process rights were violated.”
— Mich. Comp. Laws § 791.254(2)(c) — 2 cases
Branham v. Spurgis, 720 F. Supp. 605 (W.D. Mich. 1989).
“Michigan statutory law, Mich.Comp.Laws § 791.254, provides for rehearing of prison disciplinary decisions on the ground, among others, that “[t]he prisoner’s due process rights were violated.”
Loukas v. Hofbauer, 784 F. Supp. 377 (E.D. Mich. 1991).
“§§ 791.254(2)(c) and 791.255, the defendants argue that the plaintiff’s failure to avail himself of these remedies means that no due process deprivation has occurred, and his claim is barred.”
— Mich. Comp. Laws § 791.254(4) — 2 cases
Martin v. Dep't of Corr., 384 N.W.2d 392 (Mich. 1986).
“MCL 791.254(4); MSA 28.2320(54)(4) directs the department to promulgate rules under the APA to implement the procedures in rehearings involving prisoner misconduct hearings.”
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