Argument

This Court should not adopt a deferential standard of review for an agency interpretation of a statute under the agency's purview. Michigan's constitution contains explicit limits on administrative power. And unlike the federal courts, the Michigan courts do not allow seemingly limitless delegations of legislative power to administrative agencies. Thus, there is little danger that Michigan judges will be put into the position of elevating their policy preferences over those of the agency. This fact obviates any justification for a deferential standard.

 

A. Standard of Review

Matters of constitutional and statutory interpretation and questions concerning the constitutionality of a statutory provision are reviewed de novo. Toll Northville Ltd v Northville Twp, 480 Mich 6 (2008).