324.21333 Appeal of final agency decision.
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324.21333 Appeal of final agency decision.
Sec. 21333.
An owner or operator that is liable under section 21323a may appeal a final agency decision to affix a placard under section 21316a(2) or issue an administrative order under section 21319a(2) to the circuit court for the county where the underground storage tank system is located or the Ingham county circuit court in the same manner as and according to the same procedures provided for appeals to the circuit court under section 631 of the revised judicature act of 1961, 1961 PA 236, MCL 600.631. The court shall set aside the final agency decision if substantial rights of the petitioner have been prejudiced because the decision or order is any of the following:
(a)In violation of the constitution or a statute.
(b)In excess of the statutory authority or jurisdiction of the agency.
(c)Made upon unlawful procedure resulting in material prejudice to a party.
(d)Not supported by competent, material, and substantial evidence on the whole record.
(e)Arbitrary, capricious, or clearly an abuse or unwarranted exercise of discretion.
(f)Affected by other substantial and material error of law.
History: Add. 2012, Act 109 , Imd. Eff. May 1, 2012 ;-- Am. 2012, Act 446 , Imd. Eff. Dec. 27, 2012
Popular Name: Act 451
Popular Name: NREPA