324.81140b Final determination of secretary of state; petition for review in circuit court; filing; order setting cause for hearing; service on secretary of state; review
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324.81140b Final determination of secretary of state; petition for review in circuit court; filing; order setting cause for hearing; service on secretary of state; review of the record.
Sec. 81140b.
(1)A person who is aggrieved by a final determination of the secretary of state under this part may petition for a review of the determination in the circuit court in the county where the person was arrested. The petition shall be filed within 63 days after the determination is made except that, for good cause shown, the court may allow the petition to be filed within 182 days after the determination is made. As provided in section 81140, a peace officer who is aggrieved by a determination of a hearing officer in favor of a person who requested a hearing under section 81140 may, with the consent of the prosecuting attorney, petition for review of the determination in the circuit court in the county where the arrest was made. The petition shall be filed within 63 days after the determination is made except that, for good cause shown, the court may allow the petition to be filed within 182 days after the determination is made.
(2)Except as otherwise provided in this section, the circuit court shall enter an order setting the cause for hearing for a day certain that is not more than 63 days after the date of the order. The order, a copy of the petition that includes the person's full name, current address, birth date, and driver license number, and all supporting affidavits shall be served on the secretary of state's office in Lansing not less than 20 days before the date set for the hearing. If the person is seeking a review of the record prepared under section 81140, the service upon the secretary of state shall be made not less than 50 days before the date set for the hearing.
(3)The court may take testimony and examine all the facts and circumstances incident to the order that the person not operate an ORV in this state. The court may affirm, modify, or set aside the order. The order of the court shall be duly entered, and the petitioner shall file a certified copy of the order with the secretary of state's office in Lansing within 7 days after entry of the order.
(4)Except as otherwise provided in this section, in reviewing a determination under section 81140, the court shall confine its consideration to a review of the record prepared under section 81140 to determine whether the hearing officer properly determined the issues enumerated in section 81140.
(5)In reviewing a determination resulting in issuance of an order under section 81134, the court shall confine its consideration to a review of the record prepared under section 81140. The court shall set aside the determination of the secretary of state only if substantial rights of the petitioner have been prejudiced because the determination is any of the following:
(a)In violation of the constitution of the United States, the state constitution of 1963, or a statute.
(b)In excess of the secretary of state's statutory authority or jurisdiction.
(c)Made upon unlawful procedure resulting in material prejudice to the petitioner.
(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. 2014, Act 405 , Eff. Mar. 31, 2015
Popular Name: Act 451
Popular Name: NREPA
Popular Name: Off-Road Vehicle Act
Popular Name: ORV