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BLANK v. DEPARTMENT OF CORRECTIONS

Docket No. 109477, Calendar No. 8.

611 N.W.2d 530 (2000)

462 Mich. 103

Arthur R. BLANK, David Leroy Davis and Steve Alan Laird, Petitioners-Appellants, v. DEPARTMENT OF CORRECTIONS and Office of Regulatory Reform, Respondents-Appellees.

Supreme Court of Michigan.

Decided June 20, 2000.

Attorney(s) appearing for the Case

Prison Legal Services of Michigan, Inc. (by Sandra L. Girard), Jackson, for the petitioners.

Jennifer M. Granholm, Attorney General, Thomas L. Casey, Solicitor General, and Matthew H. Rick, Assistant Attorney General, Lansing, for defendants-appellees.

Daniel Bambery and David Oppliger, Lansing, for amicus curiae Joint Committee on Administrative Rules.

White, Przybylowicz, Schneider & Baird, P.C. (by Kathleen Corkin Boyle and Thomas A. Baird), Okemos, for amicus curiae Michigan Education Association.

Fraser, Trebilcock, Davis & Foster, P.C. (by Brandon W. Zuk), Lansing, for amici Association, Michigan Association of Governmental Employees, Alfred Neal, and Michael L. Zimmerman.

Opinion

MARILYN J. KELLY, J.

We granted leave in this case to review a 1997 Court of Appeals decision1 in which that Court held unconstitutional §§ 45 and 46 of the Administrative Procedures Act2 (APA). I would affirm in part.

I. FACTUAL AND PROCEDURAL BACKGROUND

In 1977, the Legislature enacted an amendment to the APA....

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