Opinion
359079
03-17-2022
George H Pastor & Sons Inc v. MIOSHA
LC No. 21-001229-AA
Kirsten Frank Kelly Presiding Judge, Michael J. Riordan, Thomas C. Cameron Judges
ORDER
Pursuant to MCR 7.205(E)(2), the circuit court's September 3, 2021 order is VACATED, and the matter REMANDED for further proceedings consistent with this order. "[W]hen reviewing a lower court's review of agency action this Court must determine whether the lower court applied correct legal principles and whether it misapprehended or grossly misapplied the substantial evidence test to the agency's factual findings." Boyd v Civil Serv Comm, 220 Mich.App. 226, 234-235; 559 N.W.2d 342 (1996). In this case, the circuit court did not make any findings or determinations at the July 13, 2021 hearing, and stated that it would hold a second hearing to ask additional questions and provide its decision. But no second hearing was held. The circuit court's subsequent order, which states that the court found "sufficient evidence in the record as a whole to support the findings of the administrative law judge and the Board," and the email that preceded this order, do not provide a sufficient record on which this Court may determine whether the circuit court applied correct legal principles or correctly applied the substantial evidence test. The matter is thus remanded for reconsideration. The circuit court is directed to explain its decision in a manner that allows this Court to review the circuit court's decision in accordance with Boyd.
This order is to have immediate effect. MCR 7.215(F)(2). We do not retain jurisdiction.