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HB 6072

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.).

2023-2024 Regular Session Introduced by Greg Alexander and 9 co-sponsors

Allows prevailing parties to recover legal costs from Michigan more easily in administrative disputes and removes procedural protections from parole hearings.

bill electronically reproduced 11/12/2024
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Bill Summary · HB 6072

Legislative bill overview

HB 6072 modifies Michigan's Administrative Procedure Act by expanding when prevailing parties can recover attorney fees and costs from the state in contested administrative cases, and exempts parole hearings from the act's procedures. The bill amends seven sections of the 1969 PA 306 statute governing administrative proceedings.

Why is this important

This bill directly affects the financial incentives for challenging state agency decisions—parties challenging the state could more easily recover legal costs if they win, potentially encouraging litigation against agencies. It also removes procedural protections in parole hearings, which determines how inmates' release requests are evaluated by the state.

Potential points of contention

  • Fiscal impact on state: Expanding cost-recovery obligations could significantly increase the state's litigation expenses and may incentivize more legal challenges to agency decisions, raising questions about budget implications
  • Parole hearing fairness: Removing Administrative Procedure Act protections from parole hearings raises concerns about due process consistency, as inmates and families may lose formal procedural rights during release determinations
  • Agency discretion vs. accountability: While expanding cost-recovery may improve government accountability, agencies argue it could make them overly cautious or defensive in legitimate regulatory enforcement actions

Compiled from official sources — confirm details with the bill’s official record.

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