SB-0276, As Passed House, November 10, 2011

HOUSE SUBSTITUTE FOR

SENATE BILL NO. 276

     A bill to amend 1969 PA 306, entitled

"Administrative procedures act of 1969,"

by amending section 122 (MCL 24.322), as added by 1984 PA 196, and

by adding section 45b.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 45b. (1) The office of regulatory reinvention shall post

the following on its website within 2 business days after

transmittal pursuant to section 45:

     (a) The regulatory impact statement required under section

45(3).

     (b) Instructions on any existing administrative remedies or

appeals available to the public.

     (c) Instructions regarding the method of complying with the

rules, if available.

     (d) Any rules filed with the secretary of state and the

effective date of those rules.

     (2) The office of regulatory reinvention shall facilitate

linking the information posted under subsection (1) to the

department or agency website.

     Sec. 122. (1) "Contested case" means a contested case as

defined in section 3(3) 3 but does not include a case that is

settled or a case in which a consent agreement is entered into or a

proceeding for establishing a rate or approving, disapproving, or

withdrawing approval of a form.

     (2) "Costs and fees" means the normal costs incurred, after a

party has received notice of an initial hearing under section 71(2)

71, in being a party in a contested case under this act and include

all of the following:

     (a) The reasonable and necessary expenses of expert witnesses

as determined by the presiding officer.

     (b) The reasonable cost of any study, analysis, engineering

report, test, or project which that is determined by the presiding

officer to have been necessary for the preparation of a party's

case.

     (c) Reasonable and necessary attorney or agent fees including

those for purposes of appeal.

     (3) "Party" means a party as defined in section 5(4) 5, but

does not include any of the following:

     (a) An individual whose net worth was more than $500,000.00 at

the time the contested case was initiated.

     (b) The sole owner of an unincorporated business or any

partnership, corporation, association, or organization whose net

worth exceeded $3,000,000.00 at the time the contested case was

initiated and which that is not either exempt from taxation

pursuant to section 501(c)(3) of the internal revenue code, 26 USC

501, or a cooperative association as defined in section 15(a) of

the agricultural marketing act, 12 U.S.C. USC 1141j(a).

     (c) The sole owner of an unincorporated business or any

partnership, corporation, association, or organization that had

more than 250 full-time equivalent employees, as determined by the

total number of employees multiplied by their working hours divided

by 40, at the time the contested case was initiated.

     (d) As used in this subsection "net worth" means the amount

remaining after the deduction of liabilities from assets as

determined according to generally accepted accounting principles.

     (4) "Presiding officer" means an agency, 1 or more members of

the agency, a person designated by statute to conduct a contested

case, or a hearing officer designated and authorized by the agency

to conduct a contested case.

     (5) "Prevailing party" means as follows either of the

following, as applicable:

     (a) In an action involving several remedies, or issues or

counts which that state different causes of actions or defenses,

the party prevailing as to each remedy, issue, or count.

     (b) In an action involving only 1 issue or count stating only

1 cause of action or defense, the party prevailing on the entire

record.