HB 5816 Michigan House · 2025-2026 Regular Session

Administrative procedure: guidelines; de novo review during administrative law hearings; allow. Amends secs. 79 & 106 of 1969 PA 306 (MCL 24.279 & 24.306).

This bill modifies Michigan's Administrative Procedures Act to require that administrative hearings be conducted with a fresh, independent review of the facts rather than relying solely on an agency's initial decision. It mandates that courts conduct a new, independent examination of evidence when reviewing agency decisions, instead of deferring to the agency's original judgment. Additionally, the legislation clarifies the process for challenging a hearing officer's impartiality and ensures that any disqualification does not unnecessarily delay the case unless it would cause significant harm to a party. These changes directly affect state agencies, hearing officers, and individuals involved in administrative contested cases by altering how decisions are made and reviewed.
Bill status passed both 4 of 5 stages cleared
Introduction
Apr 2026
Committee Review
Jun 2026
House Passage
Jun 2026
Senate Passage
Jun 2026
Governor
Introduced Apr 16, 2026 Last action Jun 11, 2026
Maddy AI version diff · 1 comparison

What changed between versions

House Introduced Bill As Passed by the House · 4 edits · Jun 9, 2026
MODERATE
This bill amends the Administrative Procedures Act to clarify that courts must review agency decisions 'de novo' (freshly) rather than deferring to the agency's original judgment. It also adds specific rules for handling conflicts of interest among hearing officers, requiring agencies to address bias claims as part of the official record. These changes aim to increase judicial oversight of administrative actions and ensure fairer proceedings when bias is alleged.
Scope change
The bill applies to all contested case hearings under the Administrative Procedures Act, expanding judicial review standards for all agencies covered by the act.
REQUIREMENT

Changed the standard of judicial review from deference to the agency's decision to a 'de novo' review, requiring courts to independently evaluate the case.

Added a requirement for presiding officers to conduct a 'de novo' review of contested cases.

Established a specific process for handling affidavits of personal bias or disqualification against presiding officers, mandating agency determination as part of the record.

Clarified the conditions under which a presiding officer may be replaced if disqualified or impracticable to continue, ensuring no substantial prejudice to the party results.

Floor votes · House Jun 9, 2026

How they voted

This bill passed the Senate by voice vote (no roll call recorded).
Full legislative history

Actions timeline

Total actions
14
Key actions
3
Committee
4
Jun 11, 2026
Committee
REFERRED TO COMMITTEE ON GOVERNMENT OPERATIONS
upper
Jun 11, 2026
Upper · Passed
PASSED BY HOUSE WITH IMMEDIATE EFFECT
upper
Jun 9, 2026
Lower · Passed
passed; given immediate effect Roll Call #191 Yeas 58 Nays 46 Excused 0 Not Voting 6
lower
Jun 4, 2026
Committee
referred to second reading
lower
Jun 4, 2026
Lower · Passed
reported with recommendation without amendment
lower
Apr 16, 2026
Committee
referred to Committee on Rules
lower
Apr 16, 2026
Introduced
introduced by Representative Rep. Luke Meerman
lower
1 primary · 5 co-sponsors

Sponsors