Appeals from Agencies Not Governed by Another Rule

2.10Appeals from Agencies Not Governed by Another Rule

Appeals from agencies not governed by any of the specific rules proceed as provided by MCR 7.123. Unless provided otherwise in MCR 7.123, the rules set out in MCR 7.101—MCR 7.115 apply. MCR 7.123(A).¹

A.Time Requirements

Timing is the same as for appeals in civil cases: appeals of right are governed by MCR 7.104(A) and applications for leave to appeal and interlocutory appeals must comply with MCR 7.105(A). MCR 7.123(B)-(C).² A late appeal may be filed if permitted by statute, and must comply with MCR 7.123(D).

B.Manner of Filing

Appeal of right. A claim of appeal must be signed by the appellant or the appellant’s attorney as provided in MCR 7.104(C)(3). MCR 7.123(B)(2)(c). The claim must also:

“(i) state ‘[Name of appellant] claims an appeal from the decision on [date] by [name of the agency],’ and

(ii) include concise statements of the following:

[A] the nature of the proceedings before the agency;

[B] citation to the statute, rule, or other authority enabling the agency to conduct the proceedings;

[C] citation to the statute or constitutional provision authorizing appellate review of the agency’s decision or order in the circuit court; and

[D] the facts on which venue^[³] is based.” MCR 7.123(B)(2)(b).

Appeal by application for leave. Applications for leave to appeal must comply with MCR 7.105 and MCR 7.112(B)(2)(b)(ii). MCR 7.123(C)(2). An application seeking leave to appeal must “also state why review of the agency’s final decision will not be an adequate remedy.” Id.

C.Stay

“The filing of an appeal or an application for leave to appeal does not stay enforcement of the agency’s decision or order.” MCR 7.123(E). However, a party may file a motion for a stay. MCR 7.123(E)(1). The agency is entitled to notice of such a motion even if it has not filed an appearance in the appeal. MCR 7.123(E)(2). The court may order a stay if it finds that:

“(a) the moving party will suffer irreparable injury if a stay is not granted;

(b) the moving party made a strong showing that it is likely to prevail on the merits;

(d) the harm to the moving party in the absence of a stay outweighs the harm to the other parties to the proceedings if a stay is granted.” MCR 7.123(E)(3).

If the court grants a stay, it must “set appropriate terms and conditions for the posting of bond:

(a) in the amount required by any applicable statute authorizing the appeal, or

(b) in an amount and with sureties that the circuit court deems adequate to protect the public and the parties when there are no statutory instructions.” MCR 7.123(E)(4).

The court may issue a temporary stay of enforcement without written notice if: (i) it clearly appears from the facts alleged in the motion that immediate and irreparable injury will result if a stay is not entered before a hearing, and (ii) the moving party certifies to the court in writing that it made reasonable efforts to contact the other parties and agencies, but was unsuccessful.” MCR 7.123(E)(5)(a).

A temporary stay may be extended until a hearing can be held. MCR 7.123(E)(5)(b). A motion to dissolve a temporary stay must be heard within 24 hours, or less if the court finds good cause. Id. Such a motion takes precedence over all matters other than similar motions. Id.

D.Stipulations

“The parties may stipulate regarding any issue on appeal or any part of the record on appeal if the stipulation is embodied in an order entered by the court.” MCR 7.123(F).

E.Standard of Review

“The court may affirm, reverse, remand, or modify the decision of the agency and may grant further relief as appropriate based on the record, findings, and conclusions.” MCR 7.123(G). The court must specifically identify the finding or findings that lack support if it determines the agency’s decision or order was not supported by competent, material, and substantial evidence. MCR 7.123(G)(1). The court must identify the agency’s conclusions of law that are being reversed if it determines the agency’s decision or order violates the constitution or a statute, is affected by material error, or is affected by an unlawful procedure that resulted in material prejudice to a party. MCR 7.123(G)(2).

¹ See Part A for discussion of MCR 7.101—MCR 7.115 as generally applicable to appeals to the circuit court. Note, however, that Part A does not include discussion of the rules that apply only to appeals from agencies.