Mich. Comp. Laws » Michigan Compiled Laws / Chapter 791 / Act 232 of 1953
Michigan Compiled Laws

Mich. Comp. Laws § 791.255 (2026)

Motion or application for rehearing; exhaustion of administrative remedies; application for direct review in circuit court; transmitting copy of record to court; proof of procedural irregularity; scope of review; action by court.

✓ current as of July 2026
Find cases: SyfertCases citing this section MI-LEGlegislature.mi.gov JustiaChapter on Justia CornellLII Search CasesGoogle Scholar

CORRECTIONS CODE OF 1953


Act 232 of 1953


791.255 Motion or application for rehearing; exhaustion of administrative remedies; application for direct review in circuit court; transmitting copy of record to court; proof of procedural irregularity; scope of review; action by court.

Sec. 55.

    (1) A prisoner aggrieved by a final decision or order of a hearings officer shall file a motion or application for rehearing in order to exhaust his or her administrative remedies before seeking judicial review of the final decision or order.

    (2) Within 60 days after the date of delivery or mailing of notice of the decision on the motion or application for the rehearing, if the motion or application is denied or within 60 days after the decision of the department or hearing officer on the rehearing, a prisoner aggrieved by a final decision or order may file an application for direct review in the circuit court in the county where the petitioner resides or in the circuit court for Ingham county.

    (3) Within 60 days after the application is filed and the department is served, the department shall transmit to the court a certified copy of the entire record of the proceedings. In the case of alleged irregularity in procedure which is not shown on the record, proof may be submitted to the court.

    (4) The review shall be confined to the record and any supplemental proofs submitted pursuant to subsection (3). The scope of review shall be limited to whether the department's action is authorized by law or rule and whether the decision or order is supported by competent, material and substantial evidence on the whole record.

    (5) The court may affirm, reverse or modify the decision or order or remand the case for further proceedings.

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
Cited in 63 cases (24 in the last 5 years), 1980–2026 · leading case: Toran Peterson v. Richard Johnson, 714 F.3d 905 (6th Cir. 2013).
Sort: Relevance Newest Treatment
Toran Peterson v. Richard Johnson, 714 F.3d 905 (6th Cir. 2013). · cites it 6× “See Mich. Comp. Laws § 791.255 . Indeed, there is a whole raft of judicial-type protections available to Michigan prisoners in major misconduct hearings.”
Walker-Bey v. Dep't of Corr., 564 N.W.2d 171 (Mich. Ct. App. 1997). · cites it 12× “The pleading was received by the circuit court and was date-stamped August 6, 1993, after the sixty-day filing deadline provided in the statute expired.”
Penn v. Dep't of Corr., 298 N.W.2d 756 (Mich. Ct. App. 1980). · cites it 4× “Moreover, § 55 of 1979 PA 140 , MCL 791.255; MSA 28.2320(55), enacted subsequent to the trial court's decision in this matter, provides: "A prisoner aggrieved by a final decision or order of a hearings officer or of the department may file a petition for judicial review of the…”
Martin v. Stine, 542 N.W.2d 884 (Mich. Ct. App. 1995). · cites it 5× “2 Judicial review of a final decision or order of a hearing officer is provided for under MCL 791.255; MSA 28.2320(55). Taken in context with MCL 791.”
Branham v. Spurgis, 720 F. Supp. 605 (W.D. Mich. 1989). · cites it 4× “Mich.Comp. Laws § 791.255. The circuit court has plenary powers to reverse the hearing decision on due-process grounds.”
Keenan v. Dep't of Corr., 649 N.W.2d 133 (Mich. Ct. App. 2002). · cites it 19× “Pursuant to MCL 791.255(2), on or about August 2, 1999, 1 the circuit court received petitioner’s application for direct review, motion to waive fees and costs with an affidavit of indigency, and a certificate of petitioner’s institutional account activity.”
Couch v. Schultz, 483 N.W.2d 684 (Mich. Ct. App. 1992). “2320(52)(k); and (7) a prisoner is entitled to judicial review of the hearing officer’s decision, MCL 791.255; MSA 28.2320(55). After reviewing the statutory scheme pertaining to prison disciplinary hearings, MCL 791.”
Galuszka v. State Employees' Ret. Sys., 693 N.W.2d 403 (Mich. Ct. App. 2005). “For example, although the circuit court erroneously cited MCL 791.255(4), a statute that applies to the Department of Corrections, in stating the applicable standard of review, because the standard of review under that statute is the same as under the Administrative Procedures…”
Shelly v. Johnson, 684 F. Supp. 941 (W.D. Mich. 1987). “§ 791.255, citing id. §§ 24.301-.306. Based on a review of the administrative hearings procedure set up for prisoner hearings by statute, it is apparent that a hearings officer in the Michigan Department of Corrections is “functionally comparable” to a judge.”
Tocco v. Marquette Prison Warden, 333 N.W.2d 295 (Mich. Ct. App. 1983). “While the MAPA provisions governing procedure in contested cases do not apply to such hearings, Penn v Dep’t of Corrections, 100 Mich App 532 ; 298 NW2d 756 (1980), lv den 411 Mich 858 (1981), the judicial review provisions do, MCL 791.255; MSA 28.2320(55). The scope of judicial…”
Moore v. Michigan Dept. of Corr., 615 N.W.2d 212 (Mich. 2000). · cites it 6× “MCL 791.255(2); MSA 28.2320(55)(2) provides a sixty-day period in which a prisoner aggrieved by a final decision or order of a hearing officer of the Department of Corrections "may file an application for direct review in the circuit court in the county where the petitioner…”
Meadows v. Marquette Prison Warden, 324 N.W.2d 507 (Mich. Ct. App. 1982). “Judicial review of such matters is governed instead by the Administrative Procedures Act, MCL 791.255; MSA 28.2320(55). See Penn v Dep’t of Corrections, 100 Mich App 532 ; 298 NW2d 756 (1980).”
Show all 63 citing cases →
— Mich. Comp. Laws § 791.255(1) — 3 cases
Perry 135959 v. Abramson (W.D. Mich. 2020).
Colvin 192744 v. Washington (W.D. Mich. 2020).
Durr 614438 v. Vanderwiel (W.D. Mich. 2025).
— Mich. Comp. Laws § 791.255(2) — 6 cases
Walker-Bey v. Dep't of Corr., 564 N.W.2d 171 (Mich. Ct. App. 1997). “The pleading was received by the circuit court and was date-stamped August 6, 1993, after the sixty-day filing deadline provided in the statute expired.”
Keenan v. Dep't of Corr., 649 N.W.2d 133 (Mich. Ct. App. 2002). “Pursuant to MCL 791.255(2), on or about August 2, 1999, 1 the circuit court received petitioner’s application for direct review, motion to waive fees and costs with an affidavit of indigency, and a certificate of petitioner’s institutional account activity.”
Moore v. Michigan Dept. of Corr., 615 N.W.2d 212 (Mich. 2000). “MCL 791.255(2); MSA 28.2320(55)(2) provides a sixty-day period in which a prisoner aggrieved by a final decision or order of a hearing officer of the Department of Corrections "may file an application for direct review in the circuit court in the county where the petitioner…”
Kinney v. Dep't of Corr., 766 N.W.2d 809 (Mich. 2009).
Hall v. Michigan Dep't of Corr., 712 N.W.2d 160 (Mich. 2006).
— Mich. Comp. Laws § 791.255(4) — 8 cases
Galuszka v. State Employees' Ret. Sys., 693 N.W.2d 403 (Mich. Ct. App. 2005). “For example, although the circuit court erroneously cited MCL 791.255(4), a statute that applies to the Department of Corrections, in stating the applicable standard of review, because the standard of review under that statute is the same as under the Administrative Procedures…”
Branham v. Spurgis, 720 F. Supp. 605 (W.D. Mich. 1989). “Mich.Comp. Laws § 791.255. The circuit court has plenary powers to reverse the hearing decision on due-process grounds.”
Standifer v. Dep't of Corr., 468 N.W.2d 241 (Mich. Ct. App. 1990).
Langworthy v. Dep't of Corr., 481 N.W.2d 726 (Mich. Ct. App. 1991).
Lewis v. Dep't of Corr., 591 N.W.2d 379 (Mich. Ct. App. 1999).
— Mich. Comp. Laws § 791.255(5) — 2 cases
Branham v. Spurgis, 720 F. Supp. 605 (W.D. Mich. 1989). “Mich.Comp. Laws § 791.255. The circuit court has plenary powers to reverse the hearing decision on due-process grounds.”
Percy v. Jabe, 823 F. Supp. 445 (E.D. Mich. 1993).
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.