Petition for Reconsideration (Administrative Agency)

PETITION FOR REHEARING / RECONSIDERATION (ADMINISTRATIVE AGENCY)

State of Michigan — Michigan Administrative Procedures Act (MCL 24.287)

CRITICAL DEADLINE AND PROCEDURAL NOTICE — READ BEFORE FILING

Under MCL 24.287, a rehearing shall be noticed and conducted in the same manner as an original hearing. The evidence received at the rehearing is included in the record for agency reconsideration and for judicial review. A decision or order may be amended or vacated after the rehearing.

Judicial review deadline under MCL 24.304: A petition for review of a final decision or order in a contested case must be filed in the circuit court within 60 days after the date of mailing of notice of the decision or order, or if a rehearing is granted, within 60 days after the delivery or mailing of notice of the decision or order on rehearing. This is a critical deadline.

Effect of rehearing on judicial review: If a rehearing is granted, the 60-day judicial review period runs from the decision on rehearing — not the original decision. However, if a rehearing is denied, the 60-day period runs from the date of the original decision or the denial of rehearing, whichever is later. Confirm with counsel.

LARA and licensing boards: Many Michigan licensing and regulatory matters are administered through the Department of Licensing and Regulatory Affairs (LARA). The Michigan Office of Administrative Hearings and Rules (MOAHR) conducts hearings for numerous state agencies. Each agency or board may have additional procedural rules governing rehearing requests.

Important: MCL 24.287 uses the term "rehearing" rather than "reconsideration." Some Michigan agencies also permit informal requests for reconsideration under their own rules. Check the specific agency's rules for the correct terminology and procedure.

ABOUT THIS DOCUMENT

This Petition for Rehearing/Reconsideration is a formal request to a Michigan state administrative agency to rehear, reconsider, modify, or vacate its final decision or order in a contested case. It is filed with the agency and is typically a step before seeking judicial review in the circuit court under MCL 24.301 et seq.

Common Michigan agencies where this petition may be used:

• Michigan Department of Licensing and Regulatory Affairs (LARA) — professional licensing, occupational regulation
• Michigan Office of Administrative Hearings and Rules (MOAHR) — contested case hearings
• Michigan Department of Health and Human Services (MDHHS) — Medicaid, public benefits, licensing
• Michigan Department of Environment, Great Lakes, and Energy (EGLE) — environmental permits, enforcement
• Michigan Department of Insurance and Financial Services (DIFS) — insurance regulation
• Michigan Tax Tribunal — property tax, tax assessments
• Michigan Employment Security Commission / UIA — unemployment insurance
• Michigan Public Service Commission (MPSC) — utility regulation
• Michigan Liquor Control Commission — liquor licensing
• Michigan Department of Natural Resources (DNR) — natural resources permits
• Michigan Workers' Compensation Agency — workers' compensation disputes
• Michigan Civil Rights Commission — discrimination complaints
• Michigan Secretary of State — driver licensing matters

GROUNDS FOR REHEARING / RECONSIDERATION CHECKLIST

(Grounds recognized under Michigan administrative law — MCL 24.287, MCL 24.306)

Check all grounds that apply:

☐ Error of Law — The agency misapplied or misinterpreted a statute, regulation, or controlling legal standard, including the standard or burden of proof

☐ Error of Fact / Not Supported by Competent, Material, and Substantial Evidence — The agency's findings of fact are not supported by competent, material, and substantial evidence on the whole record (MCL 24.306(1)(d))

☐ Newly Discovered Evidence — Material evidence has been discovered that was not available and could not reasonably have been discovered or presented at the hearing, even with due diligence

☐ Agency Exceeded Its Statutory Authority — The agency acted beyond the scope of the authority delegated to it by the Michigan Legislature (MCL 24.306(1)(a))

☐ Decision Is Arbitrary, Capricious, or Clearly an Abuse or Unwarranted Exercise of Discretion — The decision lacks a rational basis or the agency action constituted an abuse of discretion (MCL 24.306(1)(c))

☐ Procedural Error / Denial of Due Process — A material procedural defect occurred that violated the petitioner's rights under the Michigan APA or constitutional due process (MCL 24.306(1)(b))

☐ Constitutional Violation — The decision or the underlying law violates the Michigan Constitution or the United States Constitution (MCL 24.306(1)(e))

☐ Decision Made Upon Unlawful Procedure — The procedure used in reaching the decision was unlawful, resulting in material prejudice to the petitioner's substantial rights (MCL 24.306(1)(b))

☐ Penalty or Sanction Is Disproportionate — The penalty or sanction imposed is excessive in relation to the violation and inconsistent with agency guidelines or prior precedent

☐ Other: [________________________________]

PETITION FOR REHEARING / RECONSIDERATION

BEFORE THE [________________________________]
STATE OF MICHIGAN

In the Matter of:

[________________________________]
[________________________________]
(Petitioner / Respondent in Underlying Proceeding)

Agency Case/Docket No.: [________________________________]

MOAHR Case No. (if applicable): [________________________________]

Decision/Order No.: [________________________________]

Date Decision Was Mailed/Delivered: [__/__/____]

PETITION FOR REHEARING PURSUANT TO MCL 24.287

SECTION 1 — IDENTIFICATION OF PARTIES

1.1 Petitioner:

Full Legal Name: [________________________________]
Address: [________________________________]
City, State, Zip: [________________________________], MI [____]
Telephone: ([____]) [____]-[____]
Email: [________________________________]
License/Registration No. (if applicable): [________________________________]
Michigan Business Entity Type (if applicable): [________________________________]

1.2 Petitioner's Legal Counsel:

Attorney Name: [________________________________]
Michigan State Bar No. (P[____]): [________________________________]
Firm Name: [________________________________]
Address: [________________________________]
City, State, Zip: [________________________________], MI [____]
Telephone: ([____]) [____]-[____]
Email: [________________________________]

1.3 Respondent Agency:

Agency Name: [________________________________]
Division/Board/Bureau (if applicable): [________________________________]
Director/Chairperson: [________________________________]
Clerk/Docket Contact: [________________________________]
Address: [________________________________]
City, State, Zip: [________________________________], MI [____]

1.4 Other Parties of Record:

Name: [________________________________] Role (e.g., Complainant, Intervenor): [________________________________]
Address: [________________________________]

Name: [________________________________] Role: [________________________________]
Address: [________________________________]

SECTION 2 — JURISDICTION AND TIMELINESS

2.1 Statutory Basis:

This Petition for Rehearing is filed pursuant to MCL 24.287 of the Michigan Administrative Procedures Act of 1969. Petitioner is a party to the above-captioned contested case and requests that the agency grant a rehearing and reconsider its decision on the grounds stated herein.

2.2 Timeliness — Deadline Calculation:

The agency's decision was mailed/delivered to Petitioner on: [__/__/____]

Agency-specific deadline for filing a rehearing petition: [__/__/____]

This Petition is filed on: [__/__/____]

☐ This Petition is timely filed within the period allowed under the agency's rules for requesting rehearing.

2.3 Effect on Judicial Review Deadline:

Under MCL 24.304, a petition for judicial review must be filed in the circuit court within 60 days after the date of mailing of notice of the decision or order. If a rehearing is granted, the 60-day period runs from the decision on rehearing. Petitioner will monitor this deadline carefully.

☐ Petitioner requests that the agency confirm in writing whether the filing of this Petition tolls the 60-day judicial review period.

2.4 Agency-Specific Rules:

Agency-specific rehearing/reconsideration rules: [________________________________]
Michigan Administrative Code cite: [________________________________]
Time limit specified: [________________________________]

SECTION 3 — DESCRIPTION OF CHALLENGED DECISION

3.1 Identification of Decision:

Title of Final Decision/Order: [________________________________]
Decision/Order Number: [________________________________]
Date Decision Issued: [__/__/____]
Date Decision Mailed/Delivered to Petitioner: [__/__/____]

Administrative Law Judge (if MOAHR): [________________________________]
Proposal for Decision date (if applicable): [__/__/____]
Agency decision-maker who adopted/modified proposal: [________________________________]

☐ Agency adopted ALJ's proposal for decision without modification
☐ Agency modified ALJ's proposal for decision (describe modification below)
☐ Agency rejected ALJ's proposal for decision and decided the case itself
☐ No ALJ — agency decided directly

Description of modification or rejection (if applicable): [________________________________]
[________________________________]

3.2 Nature of the Proceeding:

☐ Professional license denial, suspension, revocation, probation, or non-renewal (LARA board)
☐ Civil penalty or fine
☐ Environmental enforcement action or permit denial (EGLE)
☐ Unemployment insurance determination (UIA)
☐ Tax assessment or deficiency (Michigan Tax Tribunal)
☐ Public benefits denial or reduction (MDHHS)
☐ Insurance regulatory action (DIFS)
☐ Liquor license action (Liquor Control Commission)
☐ Public utility regulatory matter (MPSC)
☐ Workers' compensation dispute
☐ Civil rights/discrimination complaint
☐ Other: [________________________________]

3.3 Summary of Challenged Decision:

[Describe precisely what the agency found and ordered. Include specific violations found, penalties imposed, license actions taken, and what portions of the decision are being challenged. Cite to page and paragraph numbers of the decision.]

[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]

SECTION 4 — PROCEDURAL HISTORY

4.1 Initiation of Proceeding:

Date of initial action (e.g., complaint, notice, statement of charges): [__/__/____]
Title of initial pleading: [________________________________]
Initiating party: [________________________________]

4.2 Pre-Hearing Proceedings:

Notice of Hearing/Prehearing Conference: [__/__/____]
Discovery: ☐ Yes ☐ No Description: [________________________________]
Prehearing motions: [________________________________]

4.3 Hearing:

Hearing date(s): [__/__/____] through [__/__/____]
Administrative Law Judge: [________________________________]
Location: [________________________________]

Witnesses for Petitioner:

1. [________________________________] Subject: [________________________________]
2. [________________________________] Subject: [________________________________]
3. [________________________________] Subject: [________________________________]

Witnesses for Agency:

1. [________________________________] Subject: [________________________________]
2. [________________________________] Subject: [________________________________]

Exhibits admitted:

• Agency Exhibits: [________________________________]
• Petitioner Exhibits: [________________________________]

4.4 Proposal for Decision (if applicable):

ALJ issued proposal for decision on: [__/__/____]
Key findings of proposal: [________________________________]
Exceptions filed: ☐ Yes ☐ No Date: [__/__/____]

4.5 Agency Final Decision:

Agency adopted/modified/rejected proposal on: [__/__/____]
Effective date of decision: [__/__/____]

SECTION 5 — STATEMENT OF FACTS

5.1 Background and Context:

[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]

5.2 Specific Factual Errors or Omissions in the Decision:

[________________________________]
[________________________________]
[________________________________]
[________________________________]

5.3 Facts Supporting Ground 1 ([________________________________]):

[________________________________]
[________________________________]
[________________________________]
[________________________________]

5.4 Facts Supporting Ground 2 ([________________________________]):

[________________________________]
[________________________________]
[________________________________]

5.5 Newly Discovered Evidence (if applicable):

Description of new evidence: [________________________________]
Date discovered: [__/__/____]
Why not available before or during hearing despite diligence: [________________________________]
How this evidence would have materially affected the outcome: [________________________________]

SECTION 6 — GROUNDS FOR REHEARING AND LEGAL ARGUMENT

Ground 1: [________________________________]

Specific Error in the Decision:

[Identify the precise finding of fact, conclusion of law, or penalty determination that is erroneous. Cite the page and paragraph of the agency's decision.]

[________________________________]
[________________________________]
[________________________________]

Legal Standard:

[State the applicable standard. Under MCL 24.306(1), the court may set aside a final decision or order if substantial rights of the petitioner have been prejudiced because the decision or order is: (a) in violation of the constitution or a statute; (b) in excess of the statutory authority or jurisdiction of the agency; (c) made upon unlawful procedure resulting in material prejudice; (d) not supported by competent, material, and substantial evidence on the whole record; (e) arbitrary, capricious, or clearly an abuse or unwarranted exercise of discretion; or (f) affected by other substantial and material error of law.]

[________________________________]
[________________________________]

Argument:

[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]

Supporting Authorities:

• Michigan Statute: [________________________________]
• Michigan Administrative Code: [________________________________]
• Case Law: [________________________________]
• Agency Precedent: [________________________________]

Ground 2: [________________________________]

Specific Error:

[________________________________]
[________________________________]

Legal Standard:

[________________________________]

Argument:

[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]

Supporting Authorities:

• [________________________________]
• [________________________________]
• [________________________________]

Ground 3 (if applicable): [________________________________]

Specific Error:

[________________________________]

Argument:

[________________________________]
[________________________________]
[________________________________]
[________________________________]

Supporting Authorities:

• [________________________________]
• [________________________________]

SECTION 7 — RELIEF REQUESTED

Petitioner respectfully requests that the Agency grant rehearing under MCL 24.287 and:

☐ Vacate the Decision in its entirety and dismiss the complaint/charges

☐ Modify the Decision as follows: [________________________________]

☐ Remand to the Administrative Law Judge for a new or supplemental hearing on the following issues: [________________________________]

☐ Amend the Decision to correct the errors identified herein

☐ Reduce the penalty from [________________________________] to [________________________________], with reasoning: [________________________________]

☐ Reduce the disciplinary action from [________________________________] to [________________________________] (e.g., from revocation to suspension or probation)

☐ Stay the effective date of the decision pending resolution of this Petition, pursuant to MCL 24.292

☐ Other: [________________________________]

SECTION 8 — EXHIBITS

SECTION 9 — VERIFICATION

I, [________________________________], declare under the penalties of perjury that the foregoing Petition for Rehearing is true and correct to the best of my knowledge and belief, and that I am authorized to file this Petition on behalf of Petitioner.

Executed on [__/__/____] at [________________________________], Michigan.

Signature: _________________________________
Printed Name: [________________________________]
Title/Capacity: [________________________________]

SECTION 10 — SIGNATURE BLOCK

Respectfully submitted,

_________________________________
[________________________________] (Attorney Name)
Michigan State Bar No.: P[________________________________]
[________________________________] (Firm Name)
[________________________________] (Address)
[________________________________], MI [____]
Telephone: ([____]) [____]-[____]
Facsimile: ([____]) [____]-[____]
Email: [________________________________]

Counsel for Petitioner [________________________________]

Date: [__/__/____]

SECTION 11 — CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], I served a true and correct copy of the foregoing Petition for Rehearing and all exhibits upon the following parties by the method(s) indicated:

Agency Clerk / Docket Office:
[________________________________]
[________________________________], MI [____]
☐ Personal delivery ☐ First-class U.S. Mail ☐ Overnight courier ☐ Email: [________________________________] ☐ Agency e-filing portal

Agency Legal Counsel / Attorney General's Office:
[________________________________]
[________________________________]
☐ Personal delivery ☐ First-class U.S. Mail ☐ Email: [________________________________]

Opposing Party / Complainant:
[________________________________]
[________________________________]
☐ Personal delivery ☐ First-class U.S. Mail ☐ Email: [________________________________]

Other Party of Record:
[________________________________]
[________________________________]
☐ Personal delivery ☐ First-class U.S. Mail ☐ Email: [________________________________]

_________________________________
Signature
Printed Name: [________________________________]
Date: [__/__/____]

SECTION 12 — NEXT STEPS AND JUDICIAL REVIEW

12.1 Agency Action on Petition:

Under MCL 24.287, if rehearing is granted:

• The rehearing shall be noticed and conducted in the same manner as the original hearing
• Evidence received at the rehearing is included in the record for agency reconsideration and judicial review
• The decision or order may be amended or vacated after the rehearing

If rehearing is denied:

• The agency should issue a written order denying the petition
• The petitioner must proceed to judicial review within the applicable deadline

12.2 Judicial Review — Circuit Court:

Under MCL 24.301-24.306, judicial review is sought by filing a petition in the circuit court:

• Where to file: Circuit court in the county where the petitioner resides or has a principal place of business, or in Ingham County
• Deadline: Within 60 days after the date of mailing of notice of the decision or order (MCL 24.304). If rehearing is granted, the 60-day period runs from the decision on rehearing.
• Standard: The court reviews whether the decision is supported by competent, material, and substantial evidence on the whole record (MCL 24.306(1)(d))
• Administrative record: The agency must prepare and transmit a certified copy of the entire record to the court

12.3 Preservation of Issues:

All issues intended to be raised in judicial review should be raised in this Petition to ensure they are preserved. Under Michigan law, issues not raised before the agency may be deemed forfeited on judicial review.

12.4 Stay Pending Review:

MCL 24.292 provides that the filing of a petition for judicial review does not automatically stay enforcement of the agency decision. A stay may be granted by the agency or by the court on appropriate terms.

This template was prepared for use in Michigan administrative proceedings under MCL 24.201 et seq. It must be reviewed and customized by a qualified attorney licensed in Michigan before use. Michigan agencies may have additional rules governing rehearing procedures — always confirm agency-specific requirements.