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The Department of Natural Resources (DNR) case types include contested cases covering permitting provisions of the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended, MCL 324.101, et seq., including Part 305, Natural Rivers, Part 361, Farmland and Opens Space Preservation, Part 401 Wildlife Conservation, Part 427, Breeders and Dealers. The DNR also administers the Privately Owned Cervidae Facility Registration program (MCL 287.951. et seq.), which provides the right to a hearing upon the denial of a license.
A person files a Petition for a Contested Case Hearing with the Michigan Office of Administrative Hearings and Rules within sixty (60) days of the agency action being challenged, or the DNR files a Petition when it seeks to revoke or modify an existing license.
The contested case is a de novo review of the application for a permit.
At the conclusion of the evidentiary hearing a Proposal for Decision (PFD) is issued by the MOAHR Administrative Law Judge. The Parties have the opportunity to file Exceptions and Responses to Exceptions to the PFD. The case is then transferred to the DNR, where either the Director or Natural Resources Commission renders the final agency decision, based solely on the evidentiary record created during the hearing. That decision can be appealed to Circuit Court under the provisions of the Administrative Hearings Act. MCL 24.201, et seq.
Q. How do I determine when the 60 days for filing the Petition have expired?
A. The computation of time in a statute is controlled by MCL 8.6, which starts the day after the date of the agency action being challenged, with 60th day always a business day, or the next business day if it falls on a weekend or holiday.
Q. If the Petition for Contested Case Hearing is merely placed in the mail by the 60th day, is it timely filed?
A. The Petition for Contested Case Hearing must be filed, i.e. received, by MOAHR by the 60th day, and anything filed after that date may be deemed untimely.
