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Administrative Law - Separation Of Powers - Delegation Of Executive Functions To The Judiciary, Collins E. Brooks

Michigan Law Review

Plaintiff applied to the county board of public welfare for a pension award under a state Old Age Assistance Act. In conformity to the act, an investigation was made by the county board and the facts were submitted, with a recommendation for an award, to the State Department of Public Welfare for approval. The latter, however, overruled the award, whereupon plaintiff applied to the circuit court for a trial de novo, as provided for by the statute, and was successful. On appeal from the court's order allowing the award, held, the statutory provision for a de novo review by …