Michigan House Bill HB6072

Michigan 2023-2024 Regular Session

• Introduced: 11/12/24
• Refer: 11/12/24

Caption

Administrative procedure: contested cases; award of costs and fees to prevailing party in a case involving this state; remove certain restrictions, exempt parole hearings from administrative procedures act, and make general revisions to contested case provisions. Amends secs. 71, 72, 80, 87, 115, 122 & 123 of 1969 PA 306 (MCL 24.271 et seq.). TIE BAR WITH: HB 6073'24

Impact

If enacted, HB6072 would alter the landscape of administrative hearings in Michigan by allowing prevailing parties to recover their costs and fees, based on reasonable criteria established by the presiding officer. This change is expected to enhance legal representation for individuals facing agencies, as it provides a measure of financial support when contesting adverse actions. Furthermore, the modifications may lead to increased accountability from agencies, encouraging them to act within a justified legal framework to avoid unnecessary costs.

Summary

House Bill 6072 seeks to amend the Administrative Procedures Act of 1969 by revising several sections related to contested cases and the award of costs and fees to the prevailing party. The bill introduces provisions to eliminate certain restrictions and exempts parole hearings from the administrative procedures act. A significant focus of the bill is on how costs and fees can be awarded in contested cases, ensuring that prevailing parties can reclaim reasonable expenses incurred during the legal process. The bill outlines specific procedures for initiating hearings and stipulates that parties involved should be given prompt opportunities for hearings without undue delay.

Contention

Debates surrounding HB6072 may arise from differing opinions on the implications of allowing awards for costs and fees. Supporters argue that the bill is essential for maintaining fairness and ensuring agencies do not take advantage of individuals with limited resources. On the other hand, critics may voice concerns regarding the potential increase in litigation burden on agencies and question whether the bill effectively balances public resources with individual rights. Some may also worry about the unpredictability of costs awarded and its impact on administrative efficiency.

Notable_points

One notable aspect of the bill is its tie bar with HB6073, indicating that this legislation may be part of broader reforms in Michigan's administrative procedures. The bill is designed to create a more equitable system by providing clear guidance on how and when costs and fees can be awarded, aiming to streamline contested cases and reduce the administrative burden on both parties. The effective date of the proposed changes is also significant, as it seeks to ensure that the amendments are implemented smoothly within the existing legal framework.