De Novo Review in Administrative Law Hearings (APA)

Current understanding

HB5816 (103rd Legislature) amends secs. 79 and 106 of Michigan’s Administrative Procedures Act (1969 PA 306; MCL 24.279 & 24.306) to allow de novo review during administrative law hearings. This changes the standard by which administrative law judges may reassess factual and legal questions in contested cases before state agencies, potentially expanding the scope of independent review over agency determinations affecting workers, licensees, and regulated businesses. The bill has passed one chamber.

Evidence log

• 2026-06-09 — Administrative procedure: rules; process for promulgating rules; modify. Amends secs. 39 & 45 of 1969 PA 306 (MCL 24.239 & 24.245) & adds secs. 47a & 67c. TIE BAR WITH: HB 5818’26: HB5817 (103rd Legislature) modifies the APA rulemaking process itself (MCL 24.239 & 24.245, plus new secs. 47a & 67c), complementing the de novo review changes to administrative hearings in the same broader APA reform package. (novelty: 2)
• 2026-06-09 — Administrative procedure: guidelines; de novo review during administrative law hearings; allow. Amends secs. 79 & 106 of 1969 PA 306 (MCL 24.279 & 24.306).: cross-connection with administrative-rules-judicial-review: Both bills (HB5816 and HB5815) are part of a coordinated package amending the Administrative Procedures Act to strengthen review standards — one at the ALJ hearing stage, the other at judicial review of rules. (novelty: 2)

Open questions

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