March 30, 2006, Introduced by Reps. Hummel, Taub, Robertson, Gosselin, Farhat, Booher, LaJoy, Elsenheimer, Pastor, Palsrok, Stakoe, Hildenbrand, Moore, Wenke, Stahl, Nofs, Stewart, Newell, Brandenburg, Caswell, Kahn, David Law, Mortimer, Ball, Schuitmaker, Drolet, Palmer, Huizenga, Hoogendyk, Ward, Jones, Green, Caul, Baxter, Marleau, Pavlov, Vander Veen, Garfield, Kooiman, Acciavatti, Amos and Moolenaar and referred to the Committee on Commerce.
A bill to amend 1969 PA 306, entitled
"Administrative procedures act of 1969,"
by amending section 74 (MCL 24.274).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 74. (1) An officer of an agency may administer an oath or
affirmation to a witness in a matter before the agency, certify to
official acts, and take depositions. A deposition may be used in
lieu of other evidence when taken in compliance with the general
court rules. An agency authorized to adjudicate contested cases may
adopt rules providing for discovery and depositions to the extent
and in the manner appropriate to its proceedings.
(2) An agency that relies on a witness in a contested case,
whether or not an agency employee, who has made prior statements or
reports with respect to the subject matter of his testimony, shall
make such statements or reports available to opposing parties for
use on cross-examination. On a request for identifiable agency
records, with respect to disputed material facts involved in a
contested case, except records related solely to the internal
procedures of the agency or which are exempt from disclosure by
law, an agency shall make such records promptly available to a
party. Where a board, commission, or other entity within an agency
conducts a hearing that is relevant to the contested case, a
verbatim record must be made available to the respondent upon
request and offer to pay for its preparation. If no such verbatim
record is available or was not recorded, the decision of the agency
is considered incomplete and a final order may not be entered by
the agency. The availability of the record shall continue until the
time periods for rehearing, judicial review, and appeal have been
exhausted.