Judicial Review of Administrative Rules (Administrative Procedures Act)

Current understanding

Michigan’s Administrative Procedures Act (1969 PA 306) sets the standards courts use when reviewing challenges to administrative rules issued by state agencies. HB5815 (103rd Legislature) amends sec. 61 (MCL 24.261) to modify those judicial review standards, which affects how businesses, workers, and other regulated parties can contest agency rulemaking in court. 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) amends different APA sections (MCL 24.239 & 24.245, adding 47a & 67c) to change how rules are promulgated in the first place — a front-end companion to HB5815’s back-end judicial review changes. (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).: HB5816 (103rd Legislature) is a sibling APA amendment (secs. 79 & 106 / MCL 24.279 & 24.306) allowing de novo review during administrative law hearings, complementing HB5815’s modification of judicial review of administrative rules. (novelty: 2)

Open questions

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