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Petition for Review of a Final Decision of a Contested Case
Within 21 days after an administrative law judge (ALJ) issues a Final Decision and Order regarding a permit, any party may complete an Environmental Permit Review Petition for Review of a Final Decision of a Contested Case, to seek a review of the ALJ's Final Decision and Order by the Director of EGLE (or designee). The Director (or designee) conducts meetings with information limited to the record established by the ALJ and can adopt, remand, modify, or reverse, in whole or in part, a Final Decision and Order.
EPR Petition form
All EPR Petition requests should be submitted using the online Environmental Permit Review - Petition for Review of a Final Decision of a Contested Case form.
How the process works:
- You will receive a confirmation of receipt of the petition from the EGLE-Permit Appeal Support Staff and each party will receive a copy of the petition.
- A meeting with the Director, or designee, will be scheduled.
- Note: due to the complexity of some petitions, multiple meetings may be required.
- The petitioner will have an opportunity to submit a written brief outlining their issues with the ALJ’s Final Decision. The other party (parties) will have an opportunity to file a reply brief. All briefs are limited to the evidence in the administrative record established by the ALJ.
- At the scheduled meeting with the Director or designee, each party will be allowed a set amount of time to present their position based on the administrative record. The Director, or designee, may ask each party questions to further understand the issues before issuing a decision.
- A written opinion will be sent to all parties, which becomes the final decision of the department.