February 22, 2005, Introduced by Reps. Palmer, Gosselin, Stahl, Schuitmaker, Casperson, Pastor, Moore, Walker, Huizenga, Nitz and Stakoe and referred to the Committee on Natural Resources, Great Lakes, Land Use, and Environment.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending section 1101 (MCL 324.1101), and by adding part 6.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
PART 6 DEPARTMENT OF ENVIRONMENTAL QUALITY
Sec. 601. As used in this part:
(a) "Commission" means the public advisory commission created
in section 603.
(b) "Department" means the department of environmental
quality.
(c) "Director" means the director of the department.
Sec. 602. The department of environmental quality is created
as a principal state department. The department shall possess the
powers and perform the duties granted and imposed by this act and
as otherwise provided by law.
Sec. 603. (1) The public advisory commission is created as the
head of the department and may establish general policies related
to natural resources management and environmental protection for
the guidance of the director. In addition, the commission has
appellate authority as provided in section 1101. The commission
shall be composed of 7 members, not more than 4 of whom shall be
members of the same political party, appointed by the governor by
and with the advice and consent of the senate. A member of the
commission shall be selected with special reference to that
person's training and experience related to at least 1 of the
principal lines of activities vested in the department and the
ability and fitness of that person to deal with those activities.
The commission shall include individuals with a background in
agriculture, conservation, health and safety, manufacturing,
property development, research, and tourism. The term of office of
each member of the commission shall be 4 years. The governor shall
fill a vacancy occurring in the membership of the commission and
may remove a member of the commission for cause after a hearing.
Each member of the commission shall hold office until the
appointment and qualification of that member's successor.
(2) The commission, within 30 days after its members have
qualified for office under subsection (5) and annually after that
time, shall meet at its office in Lansing and organize by
appointing a secretary, who need not be a member of the commission.
The governor shall appoint a chairperson of the commission from
among its members, who shall serve as chairperson at the pleasure
of the governor. Four members of the commission constitute a quorum
for the transaction of business. The business which the commission
may perform shall be conducted at a public meeting of the
commission held in compliance with the open meetings act, 1976 PA
267, MCL 15.261 to 15.275. Public notice of the time, date, and
place of the meeting shall be given in the manner required by that
act. A meeting may be called by the chairperson and shall be called
on request of a majority of the members of the commission. Meetings
may be held as often as necessary and at places other than the
commissioners' offices at Lansing. However, the commission shall
meet at least once each month.
(3) The commission shall appoint and employ a director who
shall continue in office at the pleasure of the commission. The
director shall appoint 1 or more deputy directors and other
assistants and employees as are necessary to carry out the
responsibilities of the department. A person to whom the director
has lawfully delegated decision making authority in writing may
perform a duty or exercise a power conferred by law upon the
department at the time and to the extent the duty and power is
delegated to that person by the director. If a vacancy in the
office of director occurs, or the director is unable to perform the
director's duties or is absent from the state, the powers and
duties of the director as prescribed by law shall be imposed on and
transferred to a deputy director until the vacancy is filled or the
director's inability or absence from the state ceases.
(4) The compensation of the deputy directors, the assistants,
and the employees and the number of assistants and employees shall
be subject to the approval of the state administrative board. The
members of the commission shall not receive compensation, but each
member and the other officers and employees of the department shall
be entitled to reasonable expenses while traveling in the
performance of their duties prescribed by this act. The salaries
and expenses authorized under this subsection shall be paid out of
the state treasury in the same manner as the salaries of other
state officers and employees are paid. The department of management
and budget shall furnish suitable offices and office equipment, at
Lansing, for the use of the department.
(5) Each member of the commission and the director shall
qualify by taking and subscribing to the constitutional oath of
office and by filing it in the office of the secretary of state.
Sec. 1101. (1) If a person has legal standing to challenge a
final decision of the department under this act regarding the
issuance, denial, suspension, revocation, annulment, withdrawal,
recall, cancellation, or amendment of a permit or operating
license, the commission, upon request of that person, shall review
the decision and make the final agency decision. A preliminary,
procedural, or intermediate decision of the department is
reviewable by the commission only if the commission elects to grant
a review. If a person is granted review by the commission under
this section, the person is considered to have exhausted his or her
administrative remedies with regard to that matter. The commission
may utilize administrative law judges or hearing officers to
conduct the review of decisions as contested case hearings and to
issue proposals for decisions as provided by law or rule.
(2) In all instances, except those described in subsection
(1), if a person has legal standing to challenge a final decision
of the department under this act, that person may seek direct
review by the courts as provided by law. Direct review by the
courts is available to that person as an alternative to any
administrative remedy that is provided in this act. A preliminary,
procedural, or intermediate action or ruling of the department is
not immediately reviewable, except that the court may grant leave
for review of a preliminary, procedural, or intermediate action or
ruling if the court determines that review of the final decision
would not provide an adequate remedy. If a person is granted direct
review by the courts under this section, the person is considered
to have exhausted his or her administrative remedies with regard to
that matter.
(3) If the court does not review a decision of the department
brought before the court as provided in this section, the person
with legal standing retains any administrative appeal rights that
are otherwise provided by law.
(4) If the court reviews a preliminary, procedural, or
intermediate decision of the department brought before the court as
provided in this section, the person with legal standing retains
the right to judicial review of the final decision of the
department as provided by law.
(5) As used in this section:
(a) "Commission" means the natural resources commission or the
public advisory commission, as appropriate.
(b) "Department" means the department of natural resources or
the department of environmental quality, as appropriate.