Professional Licensing Appeal - Michigan
PROFESSIONAL LICENSING APPEAL — MICHIGAN
Table of Contents
- Appeal Cover Letter
- Petition/Claim of Appeal for Judicial Review
- Statement of Issues for Review
- Grounds for Appeal
- Motion for Stay of Disciplinary Action Pending Appeal
- Hearing Procedures
- Evidence and Record on Appeal
- Standard of Review
- Petition for Reinstatement/Restoration of License
- Common Licensing Boards Directory
- Document Checklist
- Practice Tips
- Sources and References
1. APPEAL COVER LETTER
[__/__/____]
Clerk of the Circuit Court
[________________________________] County
[________________________________]
[________________________________], Michigan [____]
Re: Claim of Appeal / Petition for Judicial Review — [________________________________] v. [________________________________]
Dear Clerk:
Enclosed please find for filing the following documents in the above-referenced matter:
☐ Claim of Appeal / Petition for Judicial Review of Final Decision and Order of [________________________________] (Board/Agency)
☐ Certified copy of Final Decision and Order dated [__/__/____]
☐ Filing fee of $[____]
☐ Certificate of Service upon agency and Michigan Attorney General
☐ Motion for Stay of Disciplinary Action Pending Review (if applicable)
☐ Proposed Order for Stay (if applicable)
☐ Request for Transmission of Administrative Record
☐ Entry of Appearance of Counsel
☐ Copy of Claim of Appeal filed with the agency (MCL 24.304)
Please file-stamp the enclosed copies and return them in the self-addressed, stamped envelope provided.
Respectfully submitted,
[________________________________]
Attorney for Petitioner
[________________________________]
[________________________________]
Phone: [________________________________]
Email: [________________________________]
Michigan Bar No. P[____]
2. PETITION/CLAIM OF APPEAL FOR JUDICIAL REVIEW
IN THE CIRCUIT COURT FOR THE COUNTY OF [________________________________]
STATE OF MICHIGAN
[________________________________],
Petitioner-Appellant,
v. Case No. [________________________________]
[________________________________],
Respondent-Appellee.
CLAIM OF APPEAL / PETITION FOR JUDICIAL REVIEW OF FINAL AGENCY DECISION
COMES NOW Petitioner-Appellant, [________________________________], by and through undersigned counsel, and pursuant to MCL 24.301 et seq. (Administrative Procedures Act, Chapter 6 — Judicial Review), files this Claim of Appeal from the Final Decision and Order of [________________________________] (hereinafter "Board" or "Agency"), and in support states:
I. PARTIES
-
Petitioner-Appellant [________________________________] is an individual residing at [________________________________], [________________________________] County, Michigan, and holder of [________________________________] License No. [____], issued by the Michigan Department of Licensing and Regulatory Affairs (LARA), Bureau of [________________________________].
-
Respondent-Appellee [________________________________] is a state licensing board or disciplinary subcommittee within the Michigan Department of Licensing and Regulatory Affairs (LARA), with its principal office at 611 W. Ottawa Street, Lansing, Michigan 48909.
II. JURISDICTION AND VENUE
-
This Court has jurisdiction pursuant to MCL 24.301, which provides that when a person has exhausted all administrative remedies and is aggrieved by a final decision or order in a contested case, the decision or order is subject to direct review by the courts.
-
Venue is proper in this Court pursuant to MCL 24.303, as: ☐ the circuit court for the county in which Petitioner resides; ☐ the circuit court for Ingham County (where the agency is located); ☐ the circuit court specified in the applicable enabling statute.
III. TIMELINESS
-
On [__/__/____], the Board issued its Final Decision and Order.
-
On [__/__/____], notice of the Board's Final Decision and Order was mailed to Petitioner.
-
This Petition is timely filed within sixty (60) days after the date of mailing of notice of the Final Decision and Order, as required by MCL 24.304(1).
-
Petitioner has exhausted all administrative remedies available within the agency.
-
[☐ Petitioner did not file a petition for rehearing.] [☐ Petitioner filed a timely petition for rehearing on [__/__/____], which was denied on [__/__/____], and this Petition is filed within 60 days of mailing of notice of the denial.]
IV. PROCEDURAL HISTORY
-
Petitioner holds a [________________________________] license issued by LARA, Bureau of [________________________________], on [__/__/____].
-
On [__/__/____], the Michigan Department of Licensing and Regulatory Affairs initiated disciplinary proceedings by filing a [________________________________] (Formal Complaint/Administrative Complaint) alleging [________________________________].
-
The Formal Complaint was filed by the [________________________________] (Department/Complainant) and referred to the Michigan Office of Administrative Hearings and Rules (MOAHR) for a contested case hearing.
-
An Administrative Law Judge (ALJ) conducted an evidentiary hearing on [__/__/____] at MOAHR.
-
On [__/__/____], the ALJ issued a Hearing Report containing findings of fact, conclusions of law, and a recommended disposition, which was forwarded to the [________________________________] Board/Disciplinary Subcommittee.
-
On [__/__/____], the [________________________________] Board/Disciplinary Subcommittee reviewed the ALJ's Hearing Report and issued its Final Decision and Order, which [________________________________] (adopted/modified/rejected) the ALJ's recommendations and imposed the following discipline: [________________________________] (revocation/suspension for [____] months/probation/reprimand/fine of $[____]/limitation/restitution/community service/other conditions).
V. AGENCY ACTION UNDER REVIEW
- Petitioner seeks judicial review of the Board's Final Decision and Order dated [__/__/____], a copy of which is attached hereto as Exhibit A.
VI. ISSUES PRESENTED FOR REVIEW
-
[________________________________]
-
[________________________________]
-
[________________________________]
VII. STATEMENT OF FACTS
- [________________________________] (Provide concise statement of the relevant facts underlying the disciplinary proceeding.)
VIII. ERRORS AND GROUNDS FOR RELIEF
- The Board's Final Decision and Order should be reversed, modified, or remanded because the substantial rights of Petitioner have been prejudiced because the decision or order is:
(a) In violation of the constitution or a statute. (MCL 24.306(1)(a))
(b) In excess of the statutory authority or jurisdiction of the agency. (MCL 24.306(1)(b))
(c) Made upon unlawful procedure resulting in material prejudice. (MCL 24.306(1)(c))
(d) Not supported by competent, material, and substantial evidence on the whole record. (MCL 24.306(1)(d))
(e) Arbitrary, capricious, or clearly an abuse or unwarranted exercise of discretion. (MCL 24.306(1)(e))
(f) Affected by other substantial and material error of law. (MCL 24.306(1)(f))
IX. RELIEF REQUESTED
WHEREFORE, Petitioner-Appellant respectfully requests that this Court:
(a) Order the agency to transmit the complete administrative record;
(b) Reverse, vacate, or modify the Board's Final Decision and Order;
(c) Reinstate Petitioner's [________________________________] license without conditions, or with modified conditions;
(d) Remand the matter to the Board for further proceedings consistent with this Court's decision;
(e) Stay enforcement of the Board's Final Decision and Order pending judicial review pursuant to MCL 24.304;
(f) Award Petitioner costs of this action; and
(g) Grant such other relief as this Court deems just and equitable.
Respectfully submitted,
[________________________________]
Attorney for Petitioner-Appellant
[________________________________]
Michigan Bar No. P[____]
[________________________________]
Phone: [________________________________]
Email: [________________________________]
Date: [__/__/____]
VERIFICATION
STATE OF MICHIGAN )
) ss.
COUNTY OF [________________] )
I, [________________________________], being first duly sworn, depose and say that I am the Petitioner-Appellant in this action, that I have read the foregoing Claim of Appeal, and that the statements of fact therein are true and correct to the best of my knowledge, information, and belief.
[________________________________]
Petitioner-Appellant
Subscribed and sworn to before me this [____] day of [________________], [____].
[________________________________]
Notary Public, State of Michigan
County of [________________________________]
My Commission Expires: [__/__/____]
CERTIFICATE OF SERVICE
I hereby certify that on [__/__/____], a true copy of this Claim of Appeal / Petition for Judicial Review was served upon:
☐ [________________________________] (Board/Agency) at Department of Licensing and Regulatory Affairs, 611 W. Ottawa St., Lansing, MI 48909
☐ Michigan Attorney General, G. Mennen Williams Building, 525 W. Ottawa St., Lansing, MI 48933
☐ Michigan Office of Administrative Hearings and Rules (MOAHR), 611 W. Ottawa St., Lansing, MI 48909
☐ All other parties of record
By: ☐ First-class U.S. mail ☐ Certified mail, return receipt requested ☐ Personal service ☐ Electronic service
[________________________________]
Attorney for Petitioner-Appellant
COPY FILED WITH AGENCY
I hereby certify that on [__/__/____], a copy of this Claim of Appeal was filed with [________________________________] (Agency/Board) as required by MCL 24.304.
[________________________________]
Attorney for Petitioner-Appellant
3. STATEMENT OF ISSUES FOR REVIEW
Petitioner-Appellant presents the following issues for judicial review under MCL 24.306:
Issue 1: Whether the Board's findings of fact are supported by competent, material, and substantial evidence on the whole record. (MCL 24.306(1)(d))
Issue 2: Whether the Board committed a substantial and material error of law. (MCL 24.306(1)(f))
Issue 3: Whether the Board's decision is in violation of constitutional or statutory provisions. (MCL 24.306(1)(a))
Issue 4: Whether the Board acted in excess of its statutory authority or jurisdiction. (MCL 24.306(1)(b))
Issue 5: Whether the Board's decision was made upon unlawful procedure resulting in material prejudice. (MCL 24.306(1)(c))
Issue 6: Whether the Board's decision was arbitrary, capricious, or clearly an abuse or unwarranted exercise of discretion. (MCL 24.306(1)(e))
Issue 7: Whether the disciplinary sanction imposed is disproportionate to the violation found.
Issue 8: [________________________________]
4. GROUNDS FOR APPEAL
Under MCL 24.306(1), the court shall hold unlawful and set aside a decision or order of an agency if substantial rights of the petitioner have been prejudiced because the decision or order is:
☐ (a) Violation of Constitution or Statute — In violation of the constitution or a statute.
☐ (b) Excess of Authority — In excess of the statutory authority or jurisdiction of the agency.
☐ (c) Unlawful Procedure — Made upon unlawful procedure resulting in material prejudice to a party.
☐ (d) Not Supported by Substantial Evidence — Not supported by competent, material, and substantial evidence on the whole record.
☐ (e) Arbitrary or Capricious — Arbitrary, capricious, or clearly an abuse or unwarranted exercise of discretion.
☐ (f) Error of Law — Affected by other substantial and material error of law.
Note on "Competent, Material, and Substantial Evidence": Michigan courts define this as evidence that a reasonable mind would accept as adequate to support the agency's decision, giving weight to the evidence on both sides. The court reviews the whole record, not just the evidence supporting the agency's decision.
5. MOTION FOR STAY OF DISCIPLINARY ACTION PENDING APPEAL
IN THE CIRCUIT COURT FOR THE COUNTY OF [________________________________]
STATE OF MICHIGAN
[________________________________], Petitioner-Appellant,
v.
[________________________________], Respondent-Appellee.
Case No. [________________________________]
MOTION FOR STAY OF AGENCY ORDER PENDING JUDICIAL REVIEW
COMES NOW Petitioner-Appellant, [________________________________], and pursuant to MCL 24.304 and MCR 7.119(E), moves this Court for an order staying enforcement of the Board's Final Decision and Order dated [__/__/____] pending resolution of this appeal, and states:
-
Petitioner has timely filed a Claim of Appeal / Petition for Judicial Review of the Board's Final Decision and Order.
-
Under MCL 24.304, the filing of a petition for review does not automatically stay enforcement of the agency decision. However, the court or the agency may order a stay.
-
The Court should grant a stay based on the following factors:
-
(a) Likelihood of Success on the Merits: Petitioner has made a strong showing that Petitioner is likely to prevail because [________________________________].
-
(b) Irreparable Harm: Without a stay, Petitioner will suffer irreparable harm, including [________________________________] (loss of livelihood, inability to practice profession, damage to professional reputation, inability to serve patients/clients/customers).
-
(c) Balance of Harms: The harm to Petitioner without a stay outweighs the harm to the other parties if a stay is granted because [________________________________].
-
(d) Public Interest: The public interest will not be harmed if a stay is granted because [________________________________].
- Petitioner is willing to comply with reasonable conditions and post bond if required by the Court during the pendency of the stay.
WHEREFORE, Petitioner-Appellant respectfully requests that this Court stay enforcement of the Board's Final Decision and Order pending resolution of this appeal.
[________________________________]
Attorney for Petitioner-Appellant
6. HEARING PROCEDURES
Michigan Administrative Hearing Process
Department of Licensing and Regulatory Affairs (LARA):
- LARA oversees professional licensing for health professions (Bureau of Professional Licensing) and occupational licensing (Bureau of Community and Health Systems / Bureau of Construction Codes, etc.).
- The Michigan Office of Administrative Hearings and Rules (MOAHR) conducts contested case hearings on behalf of licensing boards.
Health Professions (Public Health Code — MCL 333.16101 et seq.):
☐ Complaint filed with LARA or received from the public
☐ Investigation conducted by LARA Bureau of Professional Licensing
☐ Allegation reviewed by appropriate disciplinary subcommittee
☐ Formal Complaint issued if probable cause found
☐ Licensee served with Formal Complaint and notice of hearing rights
Occupational Licensing (Occupational Code — MCL 339.101 et seq.):
☐ Complaint received by LARA
☐ Investigation conducted
☐ Formal Complaint issued
☐ Licensee served with Formal Complaint
Pre-Hearing:
☐ Case referred to MOAHR for contested case hearing
☐ Administrative Law Judge (ALJ) assigned
☐ Pre-hearing conference conducted
☐ Discovery conducted per MOAHR rules (R 792.10128 et seq.)
☐ Motions filed (dismissal, summary disposition, continuance)
☐ Settlement discussions; consent orders may be negotiated
☐ Witness and exhibit lists exchanged
Contested Case Hearing (MCL 24.271-24.288):
☐ ALJ conducts evidentiary hearing at MOAHR
☐ Hearing conducted under Administrative Procedures Act
☐ Parties have right to counsel
☐ Testimony under oath; cross-examination permitted
☐ Rules of evidence generally followed, with relaxed standards
☐ Hearing recorded verbatim by stenographic reporter or electronic means
☐ Documentary evidence received and marked
☐ Oral argument permitted
Post-Hearing:
☐ ALJ issues Hearing Report with findings of fact, conclusions of law, and recommended disposition
☐ Hearing Report forwarded to the appropriate Board or Disciplinary Subcommittee
☐ Board/Disciplinary Subcommittee reviews Hearing Report and record
☐ Board may adopt, modify, or reject the ALJ's findings and recommendations
☐ Board issues Final Decision and Order specifying discipline imposed
☐ Final Decision and Order served on licensee and all parties
☐ Petition for rehearing or reconsideration may be filed
Judicial Review (Circuit Court — MCL 24.301 et seq.):
☐ Claim of Appeal / Petition filed within 60 days of mailing of notice of Final Decision and Order
☐ Copy of Claim filed with the agency (MCL 24.304)
☐ Agency transmits administrative record to court within 60 days of service
☐ Briefing per court schedule
☐ Review on the record; no new evidence (absent extraordinary circumstances)
☐ Court may affirm, reverse, modify, or remand
Further Appeal:
☐ Appeal from Circuit Court to Michigan Court of Appeals
☐ Application for leave to appeal to Michigan Supreme Court
7. EVIDENCE AND RECORD ON APPEAL
Administrative Record
Under MCL 24.304, the agency shall transmit to the court the original or a certified copy of the entire record of the proceedings within 60 days after service of the petition. The record includes:
☐ Formal Complaint and all pleadings
☐ Motions, orders, and rulings
☐ All evidence admitted at the hearing
☐ ALJ's Hearing Report (findings of fact, conclusions of law, recommended disposition)
☐ Board's Final Decision and Order
☐ Transcript of the hearing
☐ All documentary exhibits
☐ Correspondence and communications of record
☐ Petition for rehearing and response (if filed)
Shortening the Record
Parties may stipulate that the record be shortened. If stipulation is reached, the parties shall jointly notify the agency and court. MCL 24.304.
Record Costs
☐ Petitioner is generally responsible for the cost of preparing the record
☐ Transcript fees charged by court reporter or MOAHR
☐ Contact MOAHR for current fee schedules
Additional Evidence
Judicial review under MCL 24.306 is generally confined to the administrative record. The court does not conduct a de novo hearing. However:
- If the record is materially deficient, the court may remand for additional proceedings
- In extraordinary circumstances, the court may consider additional evidence
8. STANDARD OF REVIEW
MCL 24.306 — Scope of Judicial Review
Competent, Material, and Substantial Evidence: The court reviews whether the agency's factual findings are supported by "competent, material, and substantial evidence on the whole record." This means evidence that a reasonable mind would accept as adequate to support the conclusion, considering the evidence on both sides.
Questions of Law: The court reviews questions of law de novo, including whether the agency correctly interpreted and applied the relevant statutes and regulations. However, some deference may be afforded to an agency's reasonable interpretation of its own enabling statute.
Arbitrary and Capricious: The court reviews whether the agency's action was "arbitrary, capricious, or clearly an abuse or unwarranted exercise of discretion." This requires determining whether there was a rational basis for the agency's decision.
Unlawful Procedure: The court reviews whether procedural errors resulted in "material prejudice" to the petitioner. Minor or harmless procedural irregularities are insufficient for reversal.
Proportionality of Sanction: While the choice of sanction is within the agency's discretion, the court may review whether the sanction is so disproportionate as to be arbitrary, capricious, or an abuse of discretion under the circumstances.
Board Departure from ALJ Recommendations: When the Board modifies or rejects the ALJ's Hearing Report, the court must review whether the Board's departure was supported by the record. The ALJ, having had the opportunity to observe witnesses, is entitled to some deference on credibility determinations.
9. PETITION FOR REINSTATEMENT/RESTORATION OF LICENSE
BEFORE THE [________________________________] (Board/Disciplinary Subcommittee)
MICHIGAN DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS
IN THE MATTER OF THE [________________________________] LICENSE OF:
[________________________________]
License No. [____]
PETITION FOR REINSTATEMENT OF LICENSE
TO THE [________________________________] (Board/Disciplinary Subcommittee):
Petitioner, [________________________________], respectfully petitions the Board for reinstatement of Petitioner's [________________________________] license, which was [________________________________] (revoked/suspended/surrendered) on [__/__/____], and in support states:
I. Background
-
Petitioner was licensed as a [________________________________] in Michigan under License No. [____], issued by the Michigan Department of Licensing and Regulatory Affairs, Bureau of [________________________________], effective [__/__/____].
-
On [__/__/____], the Board issued its Final Decision and Order of [________________________________] (revocation/permanent revocation/suspension/surrender) based on [________________________________].
-
Petitioner has waited the minimum period required before seeking reinstatement under [________________________________] (cite applicable Public Health Code or Occupational Code section).
II. Grounds for Reinstatement
- Petitioner has been rehabilitated and is fit to resume practice, as demonstrated by:
☐ Completion of continuing education requirements: [________________________________]
☐ Completion of remedial training or retraining programs: [________________________________]
☐ Successful completion of substance abuse treatment and monitoring (HPRP if applicable): [________________________________]
☐ Mental health evaluation and clearance: [________________________________]
☐ Payment of all outstanding fines, costs, and restitution: [________________________________]
☐ No subsequent criminal convictions: [________________________________]
☐ No subsequent disciplinary actions in any jurisdiction: [________________________________]
☐ Compliance with all conditions of prior order: [________________________________]
☐ Employment history since discipline: [________________________________]
☐ Community involvement and service: [________________________________]
☐ Character reference letters from colleagues and professionals: [________________________________]
III. Health Professionals Recovery Program (HPRP)
☐ If applicable, Petitioner has successfully completed the HPRP program administered by LARA.
☐ HPRP monitoring period of [____] years has been completed.
☐ HPRP compliance report attached as Exhibit [____].
IV. Supporting Documentation
☐ Personal statement addressing misconduct and rehabilitation efforts
☐ Character reference letters (minimum [____])
☐ Continuing education documentation
☐ Treatment records and completion certificates (with appropriate waivers)
☐ Criminal background check (ICHAT/FBI fingerprint results)
☐ Evidence of professional competence
☐ Proof of malpractice insurance
☐ Current examination scores (if re-examination required)
☐ HPRP compliance documentation (if applicable)
V. Relief Requested
Petitioner respectfully requests that the Board reinstate Petitioner's [________________________________] license, subject to such terms and conditions as the Board deems appropriate.
Date: [__/__/____]
[________________________________]
Petitioner / Attorney for Petitioner
10. COMMON LICENSING BOARDS DIRECTORY
| Board/Agency | Professions Covered | Contact |
|---|---|---|
| Michigan Board of Medicine | Physicians, Surgeons | LARA, Bureau of Professional Licensing, 611 W. Ottawa St., Lansing, MI 48909 • (517) 241-0199 |
| Michigan Board of Nursing | Registered Nurses, Licensed Practical Nurses | LARA, Bureau of Professional Licensing • (517) 241-0199 |
| Michigan Board of Dentistry | Dentists, Dental Hygienists | LARA, Bureau of Professional Licensing • (517) 241-0199 |
| Michigan Board of Pharmacy | Pharmacists, Pharmacy Technicians | LARA, Bureau of Professional Licensing • (517) 241-0199 |
| Michigan Board of Accountancy | Certified Public Accountants | LARA, Bureau of Professional Licensing • (517) 241-0199 |
| State Bar of Michigan (Attorney Grievance Commission) | Attorneys at Law | 306 Townsend St, Lansing, MI 48933 • (517) 346-6300 |
| Michigan Board of Real Estate Brokers and Salespersons | Real Estate Agents, Brokers | LARA, Bureau of Professional Licensing • (517) 241-0199 |
| Michigan Board of Psychology | Psychologists | LARA, Bureau of Professional Licensing • (517) 241-0199 |
| Michigan Board of Social Work | Social Workers | LARA, Bureau of Professional Licensing • (517) 241-0199 |
| Michigan Board of Veterinary Medicine | Veterinarians | LARA, Bureau of Professional Licensing • (517) 241-0199 |
| Michigan Board of Professional Engineers | Engineers | LARA, Bureau of Professional Licensing • (517) 241-0199 |
| Michigan Board of Architects | Architects | LARA, Bureau of Professional Licensing • (517) 241-0199 |
| Michigan Office of Administrative Hearings and Rules (MOAHR) | Administrative hearing tribunal | 611 W. Ottawa St., Lansing, MI 48909 • (517) 335-2484 |
| Health Professionals Recovery Program (HPRP) | Monitoring program for health professionals | (800) 453-3784 |
11. DOCUMENT CHECKLIST
Pre-Filing Checklist
☐ Obtain certified copy of Board's Final Decision and Order
☐ Verify filing deadline (60 days from mailing of notice — MCL 24.304(1))
☐ Determine whether to file petition for rehearing with agency (tolls if timely filed)
☐ Confirm exhaustion of all administrative remedies
☐ Identify proper circuit court and county for venue (MCL 24.303)
☐ Calculate filing fee
Filing Checklist
☐ Claim of Appeal / Petition for Judicial Review (original plus copies per local rule)
☐ Certified copy of Board's Final Decision and Order (Exhibit A)
☐ Filing fee payment
☐ Entry of Appearance
☐ Certificate of Service
☐ Copy of Claim filed with the agency (MCL 24.304)
☐ Request for Transmission of Administrative Record
☐ Motion for Stay (if seeking stay of enforcement)
☐ Proposed Order for Stay
Service Requirements
☐ Serve Petition on LARA and the Board/Disciplinary Subcommittee
☐ Serve Petition on the Michigan Attorney General, 525 W. Ottawa St., Lansing, MI 48933
☐ File copy of Claim with the agency (MCL 24.304)
☐ Serve MOAHR (if MOAHR conducted the hearing)
☐ Serve all other parties of record
☐ File proof of service with the court
Post-Filing Checklist
☐ Monitor transmission of administrative record (agency has 60 days)
☐ Review transmitted record for completeness
☐ File objections to record if necessary
☐ Prepare and file opening brief per court schedule
☐ Review respondent's brief
☐ Prepare and file reply brief (if permitted)
☐ Attend oral argument (if scheduled)
☐ Review court's opinion and order
☐ Evaluate further appellate rights (Court of Appeals, Supreme Court)
12. PRACTICE TIPS
Timing Considerations
- 60-day deadline is unique. Michigan provides 60 days (not 30) for filing the petition for judicial review. MCL 24.304(1). The clock starts from the date of mailing of notice of the final decision.
- Rehearing tolls the deadline. If a timely petition for rehearing is filed, the 60-day period runs from mailing of notice of the decision on rehearing. MCL 24.304(1).
- File copy with agency. MCL 24.304 requires filing a copy of the claim of appeal with the agency. Failure to do so may jeopardize the appeal.
Strategic Considerations
- LARA process is two-stage. Understand the distinction between the ALJ's Hearing Report (findings and recommendations) and the Board's Final Decision and Order (which may adopt, modify, or reject the ALJ). Focus your appeal on the Board's departures from the ALJ, if any.
- Credibility determinations. The ALJ who observed witnesses is in the best position to assess credibility. If the Board rejected the ALJ's credibility findings, argue that the ALJ's determination should be given deference.
- Competent, material, and substantial evidence. This standard requires reviewing the whole record — not just evidence supporting the Board's decision. Identify counter-evidence that the Board ignored or insufficiently weighed.
- HPRP consideration. For health professionals with substance abuse or impairment issues, participation in the Health Professionals Recovery Program (HPRP) may be relevant to reinstatement or mitigation. HPRP compliance can support a more favorable outcome.
- Stay is not automatic. File a stay motion promptly. The agency or the court may order a stay under MCL 24.304.
- Consent orders. Consider whether negotiating a consent order with LARA may achieve a better practical outcome than prolonged litigation.
Common Pitfalls
- Missing the 60-day filing deadline
- Failing to file a copy of the claim with the agency (MCL 24.304)
- Filing in the wrong circuit court
- Failing to serve the Attorney General
- Not requesting the administrative record promptly
- Raising issues not preserved during the MOAHR hearing
- Confusing the ALJ's Hearing Report with the Board's Final Decision
- Overlooking profession-specific provisions in the Public Health Code or Occupational Code
Fee and Cost Considerations
- Circuit Court filing fees; check with the clerk for current amounts
- Transcript preparation costs borne by petitioner
- Attorney fees generally not recoverable in administrative appeals
- HPRP monitoring costs (if applicable) are borne by the licensee
- Factor in lost income during suspension when evaluating appeal strategy
13. SOURCES AND REFERENCES
Statutes
- MCL 24.201 et seq. — Administrative Procedures Act of 1969
- MCL 24.271-24.288 — Contested Cases
- MCL 24.301 — Judicial Review: Right to Review
- MCL 24.303 — Petition for Review: Filing and Contents
- MCL 24.304 — Filing Time, Stay, Record, Scope
- MCL 24.306 — Grounds for Reversal (Standard of Review)
- MCL 333.16101 et seq. — Public Health Code (Health Professions)
- MCL 339.101 et seq. — Occupational Code
Online Resources
- Michigan Legislature: https://www.legislature.mi.gov/
- LARA Bureau of Professional Licensing: https://www.michigan.gov/lara/bureau-list/bpl
- MOAHR: https://www.michigan.gov/lara/bureau-list/moahr
- LARA Disciplinary Action Reports: https://www.michigan.gov/lara/bureau-list/bpl/health/dar-reports-health
- Health Professionals Recovery Program: https://www.michigan.gov/lara/bureau-list/bpl/health/hprp
Key Case Law
- Michigan Employment Security Comm'n v. Patt, 4 Mich. App. 228 (1966) (substantial evidence standard)
- Brandon School District v. Michigan Education Special Services Association, 191 Mich. App. 257 (1991) (scope of judicial review under APA)
- In re Freedland, 308 Mich. App. 356 (2014) (review of health professional discipline)
- Dignan v. Michigan Public School Employees Retirement Board, 253 Mich. App. 571 (2002) (deference to agency interpretation)
This template is provided for informational purposes only and does not constitute legal advice. It must be reviewed and customized by a qualified attorney licensed in Michigan before use. Laws, regulations, and procedures are subject to change. Always verify current requirements with the applicable licensing board and court.
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About this template
- Last updated
- March 9, 2026
- Jurisdiction
- Michigan
- Category
- Administrative Law
Legal authority
- MCL 24.201 et seq. (Administrative Procedures Act of 1969)
- MCL 24.301 (Judicial Review — Right to Review)
- MCL 24.303 (Petition for Review — Filing and Contents)
- MCL 24.304 (Petition Filing, Time, Stay, Record, Scope)
- MCL 24.306 (Grounds for Reversal — Standard of Review)
- MCL 333.16101 et seq. (Public Health Code — Health Professions)
- MCL 339.101 et seq. (Occupational Code)
Administrative law covers how you interact with government agencies, from filing a comment on a proposed rule to appealing a denied license or benefit. Agency processes have their own forms, deadlines, and evidence standards that are different from what courts use. Getting the paperwork wrong usually means missing a deadline or losing the right to appeal, so precision in these documents matters as much as it does in a courtroom filing.
Not legal advice
This template is provided for informational purposes. We recommend having an attorney review any legal document before signing, especially for high-value or complex matters.
Checked against the law it cites
The statutes this template relies on are listed under Legal authority.
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