HOUSE BILL No. 5469


     February 29, 2000, Introduced by Reps. Sheltrown, Bradstreet, Ehardt, DeHart, Pappageorge, Green, Rick Johnson and Bishop
and referred to the Committee on Constitutional Law and Ethics.


        A bill to amend 1980 PA 299, entitled

   "Occupational code,"

   (MCL 339.101 to 339.2721) by adding section 523.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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           SEC. 523. (1) EXCEPT AS OTHERWISE PROVIDED IN SUBSECTION

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      (2), A PETITION FOR JUDICIAL REVIEW REGARDING AN ORDER OR FINAL

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      DECISION OF THE DEPARTMENT OR OF A BOARD SHALL BE IN COMPLIANCE

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      WITH CHAPTER 6 OF THE ADMINISTRATIVE PROCEDURES ACT OF 1969, 1969

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      PA 306, MCL 24.301 TO 24.306.

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           (2) IN THE CASE OF A DENIAL OF AN APPLICATION OR THE SUSPEN-

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      SION, REVOCATION, OR LIMITATION OF A LICENSE FOR ANY ACTIVITY

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      REGULATED UNDER ARTICLE 17A, A PARTY SHALL PETITION THE CIRCUIT

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      COURT FOR JUDICIAL REVIEW NOT MORE THAN 21 DAYS AFTER THE DATE OF

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      MAILING NOTICE OF THE FINAL DECISION OR ORDER OF THE DEPARTMENT.

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      THE FILING OF A PETITION FOR JUDICIAL REVIEW DOES NOT STAY THE


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      ENFORCEMENT OF THE ACTION OF THE DEPARTMENT EXCEPT THAT THE

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      DEPARTMENT MAY GRANT, OR THE COURT MAY ORDER, A STAY UPON APPRO-

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      PRIATE TERMS.  THE CLERK OF THE CIRCUIT COURT SHALL SCHEDULE A

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      HEARING DATE NOT LATER THAN 25 DAYS AFTER THE DATE THE PETITION

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      FOR JUDICIAL REVIEW IS FILED.  WITHIN 5 DAYS AFTER THE SERVICE OF

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      THE PETITION FOR JUDICIAL REVIEW, THE DEPARTMENT SHALL MAKE

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      AVAILABLE TO THE APPLICANT OR LICENSEE THE ORIGINAL OR CERTIFIED

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      COPY OF THE ENTIRE RECORD OF THE PROCEEDINGS.  NOT LATER THAN 10

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      DAYS BEFORE THE HEARING DATE BY THE COURT, THE DEPARTMENT SHALL

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      TRANSMIT TO THE COURT THE ORIGINAL OR CERTIFIED COPY OF THE

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      ENTIRE RECORD OF THE PROCEEDINGS.  THE COURT SHALL CONDUCT THE

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      HEARING AND REVIEW WITHOUT A JURY AND SHALL CONFINE THE REVIEW TO

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      THE RECORD.  THE COURT, UPON REQUEST, SHALL HEAR ORAL ARGUMENTS

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      AND RECEIVE WRITTEN BRIEFS.  NOT LATER THAN 20 DAYS AFTER THE

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      DATE SET FOR THE HEARING ON THE PETITION FOR JUDICIAL REVIEW OR

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      NOT LESS THAN 50 DAYS AFTER THE DATE THE PETITION FOR JUDICIAL

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      REVIEW IS FILED, WHICHEVER IS LATER, THE COURT SHALL ISSUE THE

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      DECISION.  THE PARTIES TO THE ACTION MAY JOINTLY WAIVE THE TIME

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      LIMITS PRESCRIBED BY THIS SUBSECTION.



















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