HB 5499 MI

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Introduced

HOUSE BILL NO. 5499

A bill to amend 1969 PA 306, entitled "Administrative procedures act of 1969," by amending section 101 (MCL 24.301). the people of the state of michigan enact: Sec. 101. (1) When a person has exhausted all administrative remedies available within an agency, and is aggrieved by a final decision or order in a contested case, whether such the final decision or order is affirmative or negative in form, the final decision or order is subject to direct review by the courts as provided by law. Exhaustion of administrative remedies does not require the filing of a motion or application for rehearing or reconsideration unless the agency rules require the filing before judicial review is sought. A preliminary, procedural or intermediate agency action or ruling is not immediately reviewable, except that the court may grant leave for review of such the action if review of the agency's final decision or order would not provide an adequate remedy. (2) When a person is denied a permit by an agency of this state, and after that person has exhausted all administrative remedies available within an agency, the person may bring an action against the agency that denied the permit for monetary damages and reasonable attorney fees.