Arjoann Elias Zedan v. Dept of Licensing and Regulatory Affairs
330771
Mich. Ct. App.May 18, 2017Background
- Arjoann Zedan received a citation under the Michigan Fireworks Safety Act and was fined $6,000; the State Fire Marshall and State Fire Safety Board upheld the citation.
- Zedan attempted to appeal the Board’s decision to the Michigan Administrative Hearing System (MAHS), but MAHS dismissed the appeal as untimely under Mich Admin Code R 29.2922(d).
- The ALJ upheld the dismissal; respondent (LARA/Bureau of Fire Services) issued a final order of dismissal after rejecting Zedan’s exceptions.
- Zedan appealed to the circuit court, which reversed, construing “issuance” to mean the mailing date and also finding good cause; respondent sought leave to this Court of Appeals.
- This Court reviewed whether respondent’s interpretation of “issuance” and its denial of good-cause excusal were authorized by law and whether the circuit court gave proper deference to the agency.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether “issuance” in Mich Admin Code R 29.2922(d) is the Board’s written decision date or the mailing/service date | Zedan: “issuance” occurs when the decision is mailed (service complete at mailing) | Respondent: “issuance” is when the Board officially puts the decision forth (written/issued date) | Court: Defer to agency; “issuance” reasonably interpreted as the Board’s written/issued date, so appeal was untimely |
| Whether Zedan showed good cause to excuse late filing because she received the decision days after issuance | Zedan: delayed receipt (received several days after Board’s decision) prevented timely filing | Respondent: delay in receipt did not explain why a one‑page appeal could not have been filed within the 28‑day period; no persuasive showing of prejudice or due-process failure | Court: Respondent reasonably found no good cause; decision denying good-cause relief was authorized by law |
Key Cases Cited
- Nason v. State Employees Retirement Sys., 290 Mich. App. 416 (administrative appeal standard of review)
- Hanlon v. Civil Service Comm., 253 Mich. App. 710 (scope of judicial review of administrative decisions under state constitution)
- Ross v. Blue Care Network of Michigan, 480 Mich. 153 (when no hearing is required, review limited to whether decision is authorized by law)
- Westcott v. Civil Service Comm., 298 Mich. App. 158 (what constitutes decisions not authorized by law; arbitrary and capricious standard)
- Reiss v. Pepsi Cola Metro Bottling Co., Inc., 249 Mich. App. 631 (agency interpretation of its own rules is entitled to deference)