reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapter 24 - Printing and State Documents › Act 306 of 1969 - Administrative Procedures Act of 1969 (24.201 - 24.328) › 306-1969-3 - Chapter 3 Procedures for Processing and Publishing Rules (24.231...24.266) › Section 24.244 - Notice of Public Hearings on Rules; Exceptions to Requirements; Applicability of MCL 24.241, 24.242, and 24.266 to Rules Promulgated Under Michigan Occupational Safety and Health Act or Determination Under MCL 24.245c(3); "Substantially Similar" Defined.

24.244 Notice of public hearings on rules; exceptions to requirements; applicability of MCL 24.241, 24.242, and 24.266 to rules promulgated under Michigan occupational safety and health act or determination under MCL 24.245c(3); "substantially similar" defined.
Sec. 44.
(1) Sections 41, 42, and 66 do not apply to an amendment or rescission of a rule that is obsolete or superseded, or that is required to make obviously needed corrections to make the rule conform to an amended or new statute or to accomplish any other solely formal purpose, if a statement to that effect is included in the legislative service bureau certificate of approval of the rule.
(2) Sections 41 and 42 do not apply to a rule that is promulgated under the Michigan occupational safety and health act, 1974 PA 154, MCL 408.1001 to 408.1094, that is substantially similar to an existing federal standard that has been adopted or promulgated under the occupational safety and health act of 1970, Public Law 91-596. However, notice of the proposed rule must be published in the Michigan Register at least 35 days before the rule is filed with the secretary of state under section 46(1). A reasonable period, not to exceed 21 days, must be provided for the submission of written or electronic comments and views following publication in the Michigan Register.
(3) Sections 41 and 42 do not apply to a change to a proposed rule by an agency during processing of the rule if the office determines under section 45c(3) that the regulatory impact and impact on small businesses of the changed proposed rule are not more burdensome than the regulatory impact and impact on small businesses of the original proposed rule.
(4) For purposes of subsection (2), "substantially similar" means identical, with the exception of style or format differences needed to conform to this or other state laws, as determined by the office.
History:
1969, Act 306, Eff. July 1, 1970 ;-- Am. 1993, Act 141, Imd. Eff. Aug. 4, 1993 ;-- Am. 1999, Act 262, Eff. Apr. 1, 2000 ;-- Am. 2004, Act 23, Imd. Eff. Mar. 10, 2004 ;-- Am. 2016, Act 513, Imd. Eff. Jan. 9, 2017 ;-- Am. 2018, Act 267, Imd. Eff. June 29, 2018
Popular Name:
Act 306
Popular Name:
APA
2023 Michigan Compiled Laws › Chapter 24 - Printing and State Documents › Act 306 of 1969 - Administrative Procedures Act of 1969 (24.201 - 24.328) › 306-1969-3 - Chapter 3 Procedures for Processing and Publishing Rules (24.231...24.266) › Section 24.245b - Information to Be Posted on Office of Regulatory Reinvention Website.

24.245b Information to be posted on office of regulatory reinvention website.
Sec. 45b.
(1) The office of regulatory reinvention shall post the following on its website within 2 business days after transmittal pursuant to section 45:
(a) The regulatory impact statement required under section 45(3).
(b) Instructions on any existing administrative remedies or appeals available to the public.
(c) Instructions regarding the method of complying with the rules, if available.
(d) Any rules filed with the secretary of state and the effective date of those rules.
(2) The office of regulatory reinvention shall facilitate linking the information posted under subsection (1) to the department or agency website.
History:
Add. 2011, Act 247, Imd. Eff. Dec. 8, 2011
Popular Name:
Act 306
Popular Name:
APA
2023 Michigan Compiled Laws › Chapter 24 - Printing and State Documents › Act 306 of 1969 - Administrative Procedures Act of 1969 (24.201 - 24.328) › 306-1969-3 - Chapter 3 Procedures for Processing and Publishing Rules (24.231...24.266) › Section 24.246 - Promulgation of Rules; Procedure; Arrangement, Binding, Certification, and Inspection of Rules.

24.246 Promulgation of rules; procedure; arrangement, binding, certification, and inspection of rules.
Sec. 46.
(1) To promulgate a rule the state office of administrative hearings and rules shall file in the office of the secretary of state 3 copies of the rule bearing the required certificates of approval and adoption, true copies of the rule without the certificates, and 1 electronic copy. The state office of administrative hearings and rules shall not file a rule, except an emergency rule under section 48 and rules processed under sections 33 and 44, until the time periods for committee and legislative consideration described in section 45a have elapsed.
(2) The secretary of state shall endorse the date and hour of filing of rules on the 3 copies of the filing bearing the certificates and shall maintain a file containing 1 copy for public inspection.
(3) The secretary of state, as often as he or she considers it advisable, shall cause to be arranged and bound in a substantial manner the rules hereafter filed in his or her office with their attached certificates and published in a supplement to the Michigan administrative code. The secretary of state shall certify under his or her hand and seal of the state on the frontispiece of each volume that it contains all of the rules filed and published for a specified period. The rules, when so bound and certified, shall be kept in the office of the secretary of state and no further record of the rules is required to be kept. The bound rules are subject to public inspection.
History:
1969, Act 306, Eff. July 1, 1970 ;-- Am. 1971, Act 171, Imd. Eff. Dec. 2, 1971 ;-- Am. 1977, Act 108, Eff. Jan. 1, 1978 ;-- Am. 1993, Act 141, Imd. Eff. Aug. 4, 1993 ;-- Am. 1999, Act 262, Eff. Apr. 1, 2000 ;-- Am. 2006, Act 247, Imd. Eff. July 3, 2006
Constitutionality:
In separate opinions, the Michigan Supreme Court held that Section 45(8), (9), (10), and (12) and the second sentence of Section 46(1) (“An agency shall not file a rule ... until at least 10 days after the date of the certificate of approval by the committee or after the legislature adopts a concurrent resolution approving the rule.”) of the Administrative Procedures Act of 1969, in providing for the Legislature's reservation of authority to approve or disapprove rules proposed by executive branch agencies, did not comply with the enactment and presentment requirements of Const 1963, art 4, and violated the separation of powers provision of Const 1963, art 3, and, therefore, were unconstitutional. These specified portions were declared to be severable with the remaining portions remaining effective. Blank v Department of Corrections, 462 Mich 103; 611 NW2d 530 (2000).
Popular Name:
Act 306
Popular Name:
APA
2023 Michigan Compiled Laws › Chapter 24 - Printing and State Documents › Act 306 of 1969 - Administrative Procedures Act of 1969 (24.201 - 24.328) › 306-1969-3 - Chapter 3 Procedures for Processing and Publishing Rules (24.231...24.266) › Section 24.247 - Effective Date of Rules; Withdrawal or Rescission of Promulgated Rules; Notice of Withdrawal.

24.247 Effective date of rules; withdrawal or rescission of promulgated rules; notice of withdrawal.
Sec. 47.
(1) Except for a rule processed under section 48, a rule becomes effective on the date fixed in the rule, which must not be earlier than 7 days after the date of promulgation, or, if a date is not fixed in the rule, 7 days after the date of promulgation.
(2) Except for a rule processed under section 48 or 66, an agency may withdraw a promulgated rule that has not become effective by filing a written request stating reasons for withdrawal to the secretary of state on or before the last day for filing rules for the interim period in which the rules were first filed, or by filing a written request for withdrawal to the secretary of state and the office, within a reasonable time, as determined by the office, after the last day for filing and before publication of the rule in the next supplement to the code. In any other circumstances, an agency may abrogate its rule only by rescission. If an agency has withdrawn a promulgated rule, it shall give notice, stating reasons, to the committee that the rule has been withdrawn.
(3) Sections 45 and 45a apply to rules for which a public hearing has not been held by April 1, 2000.
History:
1969, Act 306, Eff. July 1, 1970 ;-- Am. 1971, Act 171, Imd. Eff. Dec. 2, 1971 ;-- Am. 1977, Act 108, Eff. Jan. 1, 1978 ;-- Am. 1999, Act 262, Eff. Apr. 1, 2000 ;-- Am. 2018, Act 267, Imd. Eff. June 29, 2018
Popular Name:
Act 306
Popular Name:
APA
2023 Michigan Compiled Laws › Chapter 24 - Printing and State Documents › Act 306 of 1969 - Administrative Procedures Act of 1969 (24.201 - 24.328) › 306-1969-3 - Chapter 3 Procedures for Processing and Publishing Rules (24.231...24.266) › Section 24.249 - Filed Rules; Transmission.

24.249 Filed rules; transmission.
Sec. 49.
(1) The secretary of state shall transmit, after copies of rules are filed in his or her office, the following:
(a) To the secretary of the committee and the state office of administrative hearings and rules, a paper copy upon which the day and hour of that filing have been endorsed.
(b) To the secretary of the senate and the clerk of the house of representatives, an electronic copy for distribution or transmittal by them to each member of the senate and the house of representatives. When the legislature is not in session, or is in session but will not meet for more than 10 days after the secretary and clerk have received the rules, the secretary and clerk shall mail or electronically transmit 1 copy to each member of the legislature at his or her home address.
(2) The secretary of the senate and clerk of the house of representatives shall present the rules to the senate and the house of representatives.
History:
1969, Act 306, Eff. July 1, 1970 ;-- Am. 2004, Act 23, Imd. Eff. Mar. 10, 2004 ;-- Am. 2006, Act 247, Imd. Eff. July 3, 2006
Popular Name:
Act 306
Popular Name:
APA
2023 Michigan Compiled Laws › Chapter 24 - Printing and State Documents › Act 306 of 1969 - Administrative Procedures Act of 1969 (24.201 - 24.328) › 306-1969-3 - Chapter 3 Procedures for Processing and Publishing Rules (24.231...24.266) › Section 24.250 - Legislative Standing Committees; Functions.

24.250 Legislative standing committees; functions.
Sec. 50.
(1) When the legislature is in session, the committee shall electronically notify the appropriate standing committee of each house of the legislature when rules have been transmitted to the committee by the secretary of state. If the committee determines that a hearing on those rules is to be held, it shall electronically notify the chairs of the standing committees. All members of the standing committees may be present and take part in the hearing.
(2) The chair or a designated member of the standing committee should be present at the hearing, but his or her absence does not affect the validity of the hearing.
History:
1969, Act 306, Eff. July 1, 1970 ;-- Am. 2004, Act 23, Imd. Eff. Mar. 10, 2004
Popular Name:
Act 306
Popular Name:
APA
2023 Michigan Compiled Laws › Chapter 24 - Printing and State Documents › Act 306 of 1969 - Administrative Procedures Act of 1969 (24.201 - 24.328) › 306-1969-3 - Chapter 3 Procedures for Processing and Publishing Rules (24.231...24.266) › Section 24.251 - Amendment and Rescission of Rules by Legislature; Introduction of Bill.

24.251 Amendment and rescission of rules by legislature; introduction of bill.
Sec. 51.
If the committee, an appropriate standing committee, or a member of the legislature believes that a promulgated rule or any part thereof is unauthorized, is not within legislative intent, or is inexpedient, the committee or member may introduce a bill at a regular session, or special session if included in a governor's message, which in effect amends or rescinds the rule.
History:
1969, Act 306, Eff. July 1, 1970 ;-- Am. 2004, Act 491, Eff. Jan. 12, 2005
Compiler's Notes:
Enacting section 2 of Act 491 of 2004 provides:"Enacting section 2. This amendatory act applies to rules transmitted to the joint committee on administrative rules on or after January 12, 2005. Rules transmitted to the joint committee on administrative rules before January 12, 2005, shall be processed according to the act as it existed before January 12, 2005."
Popular Name:
Act 306
Popular Name:
APA
2023 Michigan Compiled Laws › Chapter 24 - Printing and State Documents › Act 306 of 1969 - Administrative Procedures Act of 1969 (24.201 - 24.328) › 306-1969-3 - Chapter 3 Procedures for Processing and Publishing Rules (24.231...24.266) › Section 24.252 - Suspension of Rules.

24.252 Suspension of rules.
Sec. 52.
(1) If authorized by concurrent resolution of the legislature, the committee, acting between regular sessions, may suspend a rule or a part of a rule promulgated during the interim between regular sessions.
(2) The committee shall electronically notify the agency promulgating the rule, the secretary of state, and the office of regulatory reform of any rule or part of a rule the committee suspends. A rule or part of a rule suspended under this section shall not be published in the Michigan register or in the Michigan administrative code while suspended.
(3) A rule suspended by the committee continues to be suspended not longer than the end of the next regular legislative session.
History:
1969, Act 306, Eff. July 1, 1970 ;-- Am. 1982, Act 413, Eff. Jan. 1, 1984 ;-- Am. 1999, Act 262, Eff. Apr. 1, 2000 ;-- Am. 2004, Act 23, Imd. Eff. Mar. 10, 2004 ;-- Am. 2004, Act 491, Eff. Jan. 12, 2005
Compiler's Notes:
Enacting section 2 of Act 491 of 2004 provides:"Enacting section 2. This amendatory act applies to rules transmitted to the joint committee on administrative rules on or after January 12, 2005. Rules transmitted to the joint committee on administrative rules before January 12, 2005, shall be processed according to the act as it existed before January 12, 2005."
Popular Name:
Act 306
Popular Name:
APA
2023 Michigan Compiled Laws › Chapter 24 - Printing and State Documents › Act 306 of 1969 - Administrative Procedures Act of 1969 (24.201 - 24.328) › 306-1969-3 - Chapter 3 Procedures for Processing and Publishing Rules (24.231...24.266) › Section 24.253 - Annual Regulatory Plan; Link to Website of Office of Regulatory Reinvention.

24.253 Annual regulatory plan; link to website of office of regulatory reinvention.
Sec. 53.
(1) Each agency shall prepare an annual regulatory plan that reviews the agency's rules. The annual regulatory plan shall be electronically transmitted to the office of regulatory reinvention.
(2) In completing the annual regulatory plan required by this section, the agency shall identify the rules the agency expects to review under subsection (4) in the next year, the rules it reasonably expects to process in the next year, the mandatory statutory rule authority it has not exercised, and the rules it expects to rescind in the next year.
(3) The annual regulatory plans completed under this section are advisory only and do not otherwise bind the agency or in any way prevent additional action.
(4) In completing a review of rules pursuant to the annual regulatory plans under this section, first priority shall be given to those rules that directly affect the greatest number of businesses, groups, and individuals and those rules that have the greatest actual statewide compliance costs for businesses, groups, and individuals. A review of rules under this subsection shall state the following:
(a) Whether there is a continued need for the rules.
(b) A summary of any complaints or comments received from the public concerning the rules.
(c) The complexity of complying with the rules.
(d) Whether the rules conflict with or duplicate similar rules or regulations adopted by the federal government or local units of government.
(e) The date of the last evaluation of the rules and the degree, if any, to which technology, economic conditions, or other factors have changed regulatory activity covered by the rules.
(5) Annual regulatory plans completed under subsection (1) shall be electronically filed with the office of regulatory reinvention by July 1 of each year. After the office of regulatory reinvention approves the plan for review, the office of regulatory reinvention shall electronically provide a copy of the plan of review to the committee. The committee shall electronically provide a copy of each agency plan of review, not later than the next business day after receipt of the plan of review from the office of regulatory reinvention, to members of the committee and to members of the standing committees of the senate and house of representatives that deal with the subject matter of rules the agency may propose.
(6) Each agency shall provide on its website a link to the website of the office of regulatory reinvention.
History:
Add. 1984, Act 273, Eff. Mar. 29, 1985 ;-- Am. 1999, Act 262, Eff. Apr. 1, 2000 ;-- Am. 2004, Act 23, Imd. Eff. Mar. 10, 2004 ;-- Am. 2011, Act 238, Imd. Eff. Dec. 1, 2011
Popular Name:
Act 306
Popular Name:
APA
2023 Michigan Compiled Laws › Chapter 24 - Printing and State Documents › Act 306 of 1969 - Administrative Procedures Act of 1969 (24.201 - 24.328) › 306-1969-3 - Chapter 3 Procedures for Processing and Publishing Rules (24.231...24.266) › Section 24.254 - Failure of Committee to Provide Notice.

24.254 Failure of committee to provide notice.
Sec. 54.
Failure of the committee to provide any notices required under section 24, 28, 39, 39a, or 42 does not affect the validity of the processing or adoption of a rule.
History:
Add. 1999, Act 262, Eff. Apr. 1, 2000
Popular Name:
Act 306
Popular Name:
APA
2023 Michigan Compiled Laws › Chapter 24 - Printing and State Documents › Act 306 of 1969 - Administrative Procedures Act of 1969 (24.201 - 24.328) › 306-1969-3 - Chapter 3 Procedures for Processing and Publishing Rules (24.231...24.266) › Section 24.255 - Annual Supplement to Michigan Administrative Code; Electronic Publication by Office of Regulatory Reform; Contents.

24.255 Annual supplement to Michigan administrative code; electronic publication by office of regulatory reform; contents.
Sec. 55.
The office of regulatory reform annually shall publish an electronic supplement to the Michigan administrative code. The annual supplement shall contain all promulgated rules published in the Michigan register during the current year, except emergency rules, a cumulative numerical listing of amendments and additions to, and rescissions of rules since the last printed compilation of the Michigan administrative code, and a cumulative alphabetical index.
History:
1969, Act 306, Eff. July 1, 1970 ;-- Am. 1977, Act 108, Eff. Jan. 1, 1978 ;-- Am. 1982, Act 413, Eff. Jan. 1, 1984 ;-- Am. 1986, Act 292, Imd. Eff. Dec. 22, 1986 ;-- Am. 1999, Act 262, Eff. Apr. 1, 2000 ;-- Am. 2003, Act 53, Imd. Eff. July 14, 2003
Popular Name:
Act 306
Popular Name:
APA
2023 Michigan Compiled Laws › Chapter 24 - Printing and State Documents › Act 306 of 1969 - Administrative Procedures Act of 1969 (24.201 - 24.328) › 306-1969-3 - Chapter 3 Procedures for Processing and Publishing Rules (24.231...24.266) › Section 24.256 - Editorial Work for Michigan Register, Michigan Administrative Code, and Code Supplements; Uniformity; Conformity With Michigan Compiled Laws; Correction of Obvious Errors; Publication of Michigan Administrative Code; Time for Publishing Supplements.

24.256 Editorial work for Michigan register, Michigan administrative code, and code supplements; uniformity; conformity with Michigan compiled laws; correction of obvious errors; publication of Michigan administrative code; time for publishing supplements.
Sec. 56.
(1) The office of regulatory reform shall perform the editorial work for the Michigan register and the Michigan administrative code and its annual supplement. The classification, arrangement, numbering, and indexing of rules shall be under the ownership and control of the office of regulatory reform, shall be uniform, and shall conform as nearly as practicable to the classification, arrangement, numbering, and indexing of the compiled laws. The office of regulatory reform may correct in the publications obvious errors in rules when requested by the promulgating agency to do so. The office of regulatory reform may provide for publishing all or any part of the Michigan administrative code in bound volume, pamphlet, electronic, or loose-leaf form. This subsection does not prevent a legislator from providing a copy or reproduction of a rule to a member of the general public.
(2) An annual supplement to the Michigan administrative code shall be published at the earliest practicable date.
History:
1969, Act 306, Eff. July 1, 1970 ;-- Am. 1982, Act 413, Eff. Jan. 1, 1984 ;-- Am. 1999, Act 262, Eff. Apr. 1, 2000
Popular Name:
Act 306
Popular Name:
APA
2023 Michigan Compiled Laws › Chapter 24 - Printing and State Documents › Act 306 of 1969 - Administrative Procedures Act of 1969 (24.201 - 24.328) › 306-1969-3 - Chapter 3 Procedures for Processing and Publishing Rules (24.231...24.266) › Section 24.257 - Omission of Rules From Michigan Register, Michigan Administrative Code, and Code Supplements; Conditions; Prorating Publication and Distribution Cost of Materials Published in Michigan Register and Annual Supplement; Payment.

24.257 Omission of rules from Michigan register, Michigan administrative code, and code supplements; conditions; prorating publication and distribution cost of materials published in Michigan register and annual supplement; payment.
Sec. 57.
(1) The office of regulatory reform may omit from the Michigan register, the Michigan administrative code, and the Michigan administrative code's annual supplement any rule, the publication of which would be unreasonably expensive or lengthy if the rule in printed or reproduced form is made available on application to the promulgating agency, if the Michigan administrative code publication and the Michigan register contain a notice stating the general subject of the omitted rule and how a copy of the rule may be obtained.
(2) The cost of publishing and distributing annual supplements to the Michigan administrative code and proposed rules, notices of public hearings on proposed rules, rules and emergency rules filed with the secretary of state, notices of proposed and adopted agency guidelines, and the items listed in section 7(l) in the Michigan register may be prorated by the office of regulatory reform on the basis of the volume of these materials published for each agency in the Michigan register and annual supplement to the Michigan administrative code, and the cost of publishing and distribution shall be paid out of appropriations to the agencies.
History:
1969, Act 306, Eff. July 1, 1970 ;-- Am. 1982, Act 413, Eff. Jan. 1, 1984 ;-- Am. 1986, Act 292, Imd. Eff. Dec. 22, 1986 ;-- Am. 1988, Act 333, Imd. Eff. Sept. 30, 1988 ;-- Am. 1999, Act 262, Eff. Apr. 1, 2000
Popular Name:
Act 306
Popular Name:
APA
2023 Michigan Compiled Laws › Chapter 24 - Printing and State Documents › Act 306 of 1969 - Administrative Procedures Act of 1969 (24.201 - 24.328) › 306-1969-3 - Chapter 3 Procedures for Processing and Publishing Rules (24.231...24.266) › Section 24.258 - Request for Preparation of Reproduction Proofs or Negatives of Rules; Reimbursement; Publication of Rules Electronically or in Pamphlets; Cost.

24.258 Request for preparation of reproduction proofs or negatives of rules; reimbursement; publication of rules electronically or in pamphlets; cost.
Sec. 58.
(1) When requested by an agency, the office of regulatory reform shall prepare reproduction proofs or negatives of the rules, or a portion of the rules, of the agency. The requesting agency shall reimburse the office of regulatory reform for preparing the reproduction proofs or negatives, and the cost of the preparation shall be paid out of appropriations to the agency.
(2) The Michigan administrative code may be arranged and printed to make convenient the publication electronically or in separate pamphlets of the parts of the Michigan administrative code relating to different agencies. Agencies may order the separate pamphlets, and the cost of the pamphlets shall be paid out of appropriations to the agencies.
History:
1969, Act 306, Eff. July 1, 1970 ;-- Am. 1982, Act 413, Eff. Jan. 1, 1984 ;-- Am. 1986, Act 292, Imd. Eff. Dec. 22, 1986 ;-- Am. 1999, Act 262, Eff. Apr. 1, 2000
Popular Name:
Act 306
Popular Name:
APA
2023 Michigan Compiled Laws › Chapter 24 - Printing and State Documents › Act 306 of 1969 - Administrative Procedures Act of 1969 (24.201 - 24.328) › 306-1969-3 - Chapter 3 Procedures for Processing and Publishing Rules (24.231...24.266) › Section 24.259 - Copies of Michigan Register, Michigan Administrative Code, and Code Supplements; Distribution; Official Use.

24.259 Copies of Michigan register, Michigan administrative code, and code supplements; distribution; official use.
Sec. 59.
(1) The office of regulatory reform shall publish the Michigan register, the Michigan administrative code, and the annual supplement to the Michigan administrative code free of charge on the office of regulatory reform's internet website and may publish these documents in printed or other electronic format for public subscription at a fee, determined by the department of management and budget, that is reasonably calculated to cover, but not to exceed, the publication and distribution costs. Any money collected by the department of management and budget from subscriptions shall be deposited into the general fund.
(2) The official Michigan administrative code is that published or made available on the office of regulatory reform's internet website free of charge.
History:
1969, Act 306, Eff. July 1, 1970 ;-- Am. 1982, Act 413, Eff. Jan. 1, 1984 ;-- Am. 1986, Act 292, Imd. Eff. Dec. 22, 1986 ;-- Am. 1995, Act 178, Imd. Eff. Oct. 17, 1995 ;-- Am. 1999, Act 262, Eff. Apr. 1, 2000 ;-- Am. 2003, Act 53, Imd. Eff. July 14, 2003
Popular Name:
Act 306
Popular Name:
APA
2023 Michigan Compiled Laws › Chapter 24 - Printing and State Documents › Act 306 of 1969 - Administrative Procedures Act of 1969 (24.201 - 24.328) › 306-1969-3 - Chapter 3 Procedures for Processing and Publishing Rules (24.231...24.266) › Section 24.261 - Filing and Publication of Rules; Presumptions Arising Therefrom; Judicial Notice.

24.261 Filing and publication of rules; presumptions arising therefrom; judicial notice.
Sec. 61.
(1) The filing of a rule under this act raises a rebuttable presumption that the rule was adopted, filed with the secretary of state, and made available for public inspection as required by this act.
(2) The publication of a rule in the Michigan register, the Michigan administrative code, or in an annual supplement to the code raises a rebuttable presumption that:
(a) The rule was adopted, filed with the secretary of state, and made available for public inspection as required by this act.
(b) The rule printed in the publication is a true and correct copy of the promulgated rule.
(c) All requirements of this act relative to the rule have been complied with.
(3) The courts shall take judicial notice of a rule which becomes effective under this act.
History:
1969, Act 306, Eff. July 1, 1970 ;-- Am. 1982, Act 413, Eff. Jan. 1, 1984
Popular Name:
Act 306
Popular Name:
APA
2023 Michigan Compiled Laws › Chapter 24 - Printing and State Documents › Act 306 of 1969 - Administrative Procedures Act of 1969 (24.201 - 24.328) › 306-1969-3 - Chapter 3 Procedures for Processing and Publishing Rules (24.231...24.266) › Section 24.263 - Declaratory Ruling by Agency as to Applicability of Rule.

24.263 Declaratory ruling by agency as to applicability of rule.
Sec. 63.
On request of an interested person, an agency may issue a declaratory ruling as to the applicability to an actual state of facts of a statute administered by the agency or of a rule or order of the agency. An agency shall prescribe by rule the form for such a request and procedure for its submission, consideration and disposition. A declaratory ruling is binding on the agency and the person requesting it unless it is altered or set aside by any court. An agency may not retroactively change a declaratory ruling, but nothing in this subsection prevents an agency from prospectively changing a declaratory ruling. A declaratory ruling is subject to judicial review in the same manner as an agency final decision or order in a contested case.
History:
1969, Act 306, Eff. July 1, 1970
Admin Rule:
R 32.11 et seq.; R 38.131 et seq.; R 299.5001 et seq.; R 323.1001 et seq.; R 324.1 et seq.; R 325.1211; R 325.10101 et seq.; R 338.81; R 340.1351 et seq.; R 400.1 et seq.; R 408.20001 et seq.; and R 436.1971 et seq. of the Michigan Administrative Code.
Popular Name:
Act 306
Popular Name:
APA
2023 Michigan Compiled Laws › Chapter 24 - Printing and State Documents › Act 306 of 1969 - Administrative Procedures Act of 1969 (24.201 - 24.328) › 306-1969-3 - Chapter 3 Procedures for Processing and Publishing Rules (24.231...24.266) › Section 24.264 - Declaratory Judgment as to Validity or Applicability of Rule.

24.264 Declaratory judgment as to validity or applicability of rule.
Sec. 64.
Unless an exclusive procedure or remedy is provided by a statute governing the agency, the validity or applicability of a rule, including the failure of an agency to accurately assess the impact of the rule on businesses, including small businesses, in its regulatory impact statement, may be determined in an action for declaratory judgment if the court finds that the rule or its threatened application interferes with or impairs, or imminently threatens to interfere with or impair, the legal rights or privileges of the plaintiff. The action shall be filed in the circuit court of the county where the plaintiff resides or has his or her principal place of business in this state or in the circuit court for Ingham county. The agency shall be made a party to the action. An action for declaratory judgment may not be commenced under this section unless the plaintiff has first requested the agency for a declaratory ruling and the agency has denied the request or failed to act upon it expeditiously. This section shall not be construed to prohibit the determination of the validity or applicability of the rule in any other action or proceeding in which its invalidity or inapplicability is asserted.
History:
1969, Act 306, Eff. July 1, 1970 ;-- Am. 2011, Act 243, Imd. Eff. Dec. 8, 2011
Popular Name:
Act 306
Popular Name:
APA
2023 Michigan Compiled Laws › Chapter 24 - Printing and State Documents › Act 306 of 1969 - Administrative Procedures Act of 1969 (24.201 - 24.328) › 306-1969-4 - Chapter 4 Procedures in Contested Cases (24.271...24.288) › Section 24.271 - Parties in Contested Case; Time and Notice of Hearing; Service of Notice or Other Process on Legislator.

24.271 Parties in contested case; time and notice of hearing; service of notice or other process on legislator.
Sec. 71.
(1) The parties in a contested case shall be given an opportunity for a hearing without undue delay.
(2) The parties shall be given a reasonable notice of the hearing, which notice shall include:
(a) A statement of the date, hour, place, and nature of the hearing. Unless otherwise specified in the notice the hearing shall be held at the principal office of the agency.
(b) A statement of the legal authority and jurisdiction under which the hearing is to be held.
(c) A reference to the particular sections of the statutes and rules involved.
(d) A short and plain statement of the matters asserted. If the agency or other party is unable to state the matters in detail at the time the notice is given, the initial notice may state the issues involved. Thereafter on application the agency or other party shall furnish a more definite and detailed statement on the issues.
(3) A member of the legislature shall not be privileged from service of notice or other process pursuant to this chapter except on a day on which there is a scheduled meeting of the house of which he or she is a member. However, a member of the legislature shall not be privileged from service of notice or other process pursuant to this chapter on a day on which there is a scheduled meeting of the house of which he or she is a member, if such service of notice or process is executed by certified mail, return receipt requested.
History:
1969, Act 306, Eff. July 1, 1970 ;-- Am. 1984, Act 28, Imd. Eff. Mar. 12, 1984
Constitutionality:
Administrative hearings under the Administrative Procedures Act, however informal, comport with the procedural fairness required by due process in the absence of an explicit statutory requirement that a contested evidentiary hearing be held. Convalescent Center v Blue Cross, 414 Mich 247; 324 NW2d 851 (1982).
Popular Name:
Act 306
Popular Name:
APA
2023 Michigan Compiled Laws › Chapter 24 - Printing and State Documents › Act 306 of 1969 - Administrative Procedures Act of 1969 (24.201 - 24.328) › 306-1969-4 - Chapter 4 Procedures in Contested Cases (24.271...24.288) › Section 24.272 - Defaults, Written Answers, Evidence, Argument, Cross-Examination.

24.272 Defaults, written answers, evidence, argument, cross-examination.
Sec. 72.
(1) If a party fails to appear in a contested case after proper service of notice, the agency, if no adjournment is granted, may proceed with the hearing and make its decision in the absence of the party.
(2) A party who has been served with a notice of hearing may file a written answer before the date set for hearing.
(3) The parties shall be given an opportunity to present oral and written arguments on issues of law and policy and an opportunity to present evidence and argument on issues of fact.
(4) A party may cross-examine a witness, including the author of a document prepared by, on behalf of, or for use of the agency and offered in evidence. A party may submit rebuttal evidence.
History:
1969, Act 306, Eff. July 1, 1970
Popular Name:
Act 306
Popular Name:
APA
2023 Michigan Compiled Laws › Chapter 24 - Printing and State Documents › Act 306 of 1969 - Administrative Procedures Act of 1969 (24.201 - 24.328) › 306-1969-4 - Chapter 4 Procedures in Contested Cases (24.271...24.288) › Section 24.273 - Subpoenas; Issuance; Revocation.

24.273 Subpoenas; issuance; revocation.
Sec. 73.
An agency authorized by statute to issue subpoenas, when a written request is made by a party in a contested case, shall issue subpoenas forthwith requiring the attendance and testimony of witnesses and the production of evidence including books, records, correspondence and documents in their possession or under their control. On written request, the agency shall revoke a subpoena if the evidence, the production of which is required, does not relate to a matter in issue, or if the subpoena does not describe with sufficient particularity the evidence the production of which is required, or if for any other reason sufficient in law the subpoena is invalid. Witness fees shall be paid to subpoenaed witnesses in accordance with section 2552 of Act No. 236 of the Public Acts of 1961, as amended, being section 600.2552 of the Compiled Laws of 1948. In case of refusal to comply with a subpoena, the party on whose behalf it was issued may file a petition, in the circuit court for Ingham county or for the county in which the agency hearing is held, for an order requiring compliance.
History:
1969, Act 306, Eff. July 1, 1970 ;-- Am. 1970, Act 40, Imd. Eff. July 1, 1970
Popular Name:
Act 306
Popular Name:
APA
2023 Michigan Compiled Laws › Chapter 24 - Printing and State Documents › Act 306 of 1969 - Administrative Procedures Act of 1969 (24.201 - 24.328) › 306-1969-4 - Chapter 4 Procedures in Contested Cases (24.271...24.288) › Section 24.274 - Oaths; Depositions; Disclosure of Agency Records.

24.274 Oaths; depositions; disclosure of agency records.
Sec. 74.
(1) An officer of an agency may administer an oath or affirmation to a witness in a matter before the agency, certify to official acts and take depositions. A deposition may be used in lieu of other evidence when taken in compliance with the general court rules. An agency authorized to adjudicate contested cases may adopt rules providing for discovery and depositions to the extent and in the manner appropriate to its proceedings.
(2) An agency that relies on a witness in a contested case, whether or not an agency employee, who has made prior statements or reports with respect to the subject matter of his testimony, shall make such statements or reports available to opposing parties for use on cross-examination. On a request for identifiable agency records, with respect to disputed material facts involved in a contested case, except records related solely to the internal procedures of the agency or which are exempt from disclosure by law, an agency shall make such records promptly available to a party.
History:
1969, Act 306, Eff. July 1, 1970
Popular Name:
Act 306
Popular Name:
APA
2023 Michigan Compiled Laws › Chapter 24 - Printing and State Documents › Act 306 of 1969 - Administrative Procedures Act of 1969 (24.201 - 24.328) › 306-1969-4 - Chapter 4 Procedures in Contested Cases (24.271...24.288) › Section 24.275 - Evidence; Admissibility, Objections, Submission in Written Form.

24.275 Evidence; admissibility, objections, submission in written form.
Sec. 75.
In a contested case the rules of evidence as applied in a nonjury civil case in circuit court shall be followed as far as practicable, but an agency may admit and give probative effect to evidence of a type commonly relied upon by reasonably prudent men in the conduct of their affairs. Irrelevant, immaterial or unduly repetitious evidence may be excluded. Effect shall be given to the rules of privilege recognized by law. Objections to offers of evidence may be made and shall be noted in the record. Subject to these requirements, an agency, for the purpose of expediting hearings and when the interests of the parties will not be substantially prejudiced thereby, may provide in a contested case or by rule for submission of all or part of the evidence in written form.
History:
1969, Act 306, Eff. July 1, 1970 ;-- Am. 1970, Act 40, Imd. Eff. July 1, 1970
Popular Name:
Act 306
Popular Name:
APA
2023 Michigan Compiled Laws › Chapter 24 - Printing and State Documents › Act 306 of 1969 - Administrative Procedures Act of 1969 (24.201 - 24.328) › 306-1969-4 - Chapter 4 Procedures in Contested Cases (24.271...24.288) › Section 24.276 - Evidence to Be Entered on Record; Documentary Evidence.

24.276 Evidence to be entered on record; documentary evidence.
Sec. 76.
Evidence in a contested case, including records and documents in possession of an agency of which it desires to avail itself, shall be offered and made a part of the record. Other factual information or evidence shall not be considered in determination of the case, except as permitted under section 77. Documentary evidence may be received in the form of a copy or excerpt, if the original is not readily available, or may be incorporated by reference, if the materials so incorporated are available for examination by the parties. Upon timely request, a party shall be given an opportunity to compare the copy with the original when available.
History:
1969, Act 306, Eff. July 1, 1970
Popular Name:
Act 306
Popular Name:
APA
2023 Michigan Compiled Laws › Chapter 24 - Printing and State Documents › Act 306 of 1969 - Administrative Procedures Act of 1969 (24.201 - 24.328) › 306-1969-4 - Chapter 4 Procedures in Contested Cases (24.271...24.288) › Section 24.277 - Official Notice of Facts; Evaluation of Evidence.

24.277 Official notice of facts; evaluation of evidence.
Sec. 77.
An agency in a contested case may take official notice of judicially cognizable facts, and may take notice of general, technical or scientific facts within the agency's specialized knowledge. The agency shall notify parties at the earliest practicable time of any noticed fact which pertains to a material disputed issue which is being adjudicated, and on timely request the parties shall be given an opportunity before final decision to dispute the fact or its materiality. An agency may use its experience, technical competence and specialized knowledge in the evaluation of evidence presented to it.
History:
1969, Act 306, Eff. July 1, 1970 ;-- Am. 1970, Act 40, Imd. Eff. July 1, 1970
Popular Name:
Act 306
Popular Name:
APA
2023 Michigan Compiled Laws › Chapter 24 - Printing and State Documents › Act 306 of 1969 - Administrative Procedures Act of 1969 (24.201 - 24.328) › 306-1969-4 - Chapter 4 Procedures in Contested Cases (24.271...24.288) › Section 24.278 - Stipulations; Disposition of Cases, Methods.

24.278 Stipulations; disposition of cases, methods.
Sec. 78.
(1) The parties in a contested case by a stipulation in writing filed with the agency may agree upon any fact involved in the controversy, which stipulation shall be used as evidence at the hearing and be binding on the parties thereto. Parties are requested to thus agree upon facts when practicable.
(2) Except as otherwise provided by law, disposition may be made of a contested case by stipulation, agreed settlement, consent order, waiver, default or other method agreed upon by the parties.
History:
1969, Act 306, Eff. July 1, 1970 ;-- Am. 1970, Act 40, Imd. Eff. July 1, 1970
Popular Name:
Act 306
Popular Name:
APA
2023 Michigan Compiled Laws › Chapter 24 - Printing and State Documents › Act 306 of 1969 - Administrative Procedures Act of 1969 (24.201 - 24.328) › 306-1969-4 - Chapter 4 Procedures in Contested Cases (24.271...24.288) › Section 24.279 - Presiding Officers; Designation; Disqualification, Inability.

24.279 Presiding officers; designation; disqualification, inability.
Sec. 79.
An agency, 1 or more members of the agency, a person designated by statute or 1 or more hearing officers designated and authorized by the agency to handle contested cases, shall be presiding officers in contested cases. Hearings shall be conducted in an impartial manner. On the filing in good faith by a party of a timely and sufficient affidavit of personal bias or disqualification of a presiding officer, the agency shall determine the matter as a part of the record in the case, and its determination shall be subject to judicial review at the conclusion of the proceeding. When a presiding officer is disqualified or it is impracticable for him to continue the hearing, another presiding officer may be assigned to continue with the case unless it is shown that substantial prejudice to the party will result therefrom.
History:
1969, Act 306, Eff. July 1, 1970 ;-- Am. 1970, Act 40, Imd. Eff. July 1, 1970
Popular Name:
Act 306
Popular Name:
APA
2023 Michigan Compiled Laws › Chapter 24 - Printing and State Documents › Act 306 of 1969 - Administrative Procedures Act of 1969 (24.201 - 24.328) › 306-1969-4 - Chapter 4 Procedures in Contested Cases (24.271...24.288) › Section 24.281 - Proposals for Decision; Contents.

24.281 Proposals for decision; contents.
Sec. 81.
(1) When the official or a majority of the officials of the agency who are to make a final decision have not heard a contested case or read the record, the decision, if adverse to a party to the proceeding other than the agency itself, shall not be made until a proposal for decision is served on the parties, and an opportunity is given to each party adversely affected to file exceptions and present written arguments to the officials who are to make the decision. Oral argument may be permitted with consent of the agency.
(2) The proposal for decision shall contain a statement of the reasons therefor and of each issue of fact and law necessary to the proposed decision, prepared by a person who conducted the hearing or who has read the record.
(3) The decision, without further proceedings, shall become the final decision of the agency in the absence of the filing of exceptions or review by action of the agency within the time provided by rule. On appeal from or review of a proposal of decision the agency, except as it may limit the issue upon notice or by rule, shall have all the powers which it would have if it had presided at the hearing.
(4) The parties, by written stipulation or at the hearing, may waive compliance with this section.
History:
1969, Act 306, Eff. July 1, 1970 ;-- Am. 1970, Act 40, Imd. Eff. July 1, 1970
Popular Name:
Act 306
Popular Name:
APA
2023 Michigan Compiled Laws › Chapter 24 - Printing and State Documents › Act 306 of 1969 - Administrative Procedures Act of 1969 (24.201 - 24.328) › 306-1969-4 - Chapter 4 Procedures in Contested Cases (24.271...24.288) › Section 24.282 - Communications by Agency Staff; Limitations; Exceptions.

24.282 Communications by agency staff; limitations; exceptions.
Sec. 82.
Unless required for disposition of an ex parte matter authorized by law, a member or employee of an agency assigned to make a decision or to make findings of fact and conclusions of law in a contested case shall not communicate, directly or indirectly, in connection with any issue of fact, with any person or party, nor, in connection with any issue of law, with any party or his representative, except on notice and opportunity for all parties to participate. This prohibition begins at the time of the notice of hearing. An agency member may communicate with other members of the agency and may have the aid and advice of the agency staff other than the staff which has been or is engaged in investigating or prosecuting functions in connection with the case under consideration or a factually related case. This section does not apply to an agency employee, or party representative with professional training in accounting, actuarial science, economics, financial analysis or rate-making, in a contested case before the financial institutions bureau, the insurance bureau or the public service commission insofar as the case involves rate-making or financial practices or conditions.
History:
1969, Act 306, Eff. July 1, 1970 ;-- Am. 1970, Act 40, Imd. Eff. July 1, 1970
Popular Name:
Act 306
Popular Name:
APA
2023 Michigan Compiled Laws › Chapter 24 - Printing and State Documents › Act 306 of 1969 - Administrative Procedures Act of 1969 (24.201 - 24.328) › 306-1969-4 - Chapter 4 Procedures in Contested Cases (24.271...24.288) › Section 24.285 - Final Decision and Order.

24.285 Final decision and order.
Sec. 85.
A final decision or order of an agency in a contested case shall be made, within a reasonable period, in writing or stated in the record and shall include findings of fact and conclusions of law separated into sections captioned or entitled "findings of fact" and "conclusions of law", respectively. Findings of fact shall be based exclusively on the evidence and on matters officially noticed. Findings of fact, if set forth in statutory language, shall be accompanied by a concise and explicit statement of the underlying facts supporting them. If a party submits proposed findings of fact that would control the decision or order, the decision or order shall include a ruling upon each proposed finding. Each conclusion of law shall be supported by authority or reasoned opinion. A decision or order shall not be made except upon consideration of the record as a whole or a portion of the record as may be cited by any party to the proceeding and as supported by and in accordance with the competent, material, and substantial evidence. A copy of the decision or order shall be delivered or mailed immediately to each party and to his or her attorney of record.
History:
1969, Act 306, Eff. July 1, 1970 ;-- Am. 1970, Act 40, Imd. Eff. July 1, 1970 ;-- Am. 1993, Act 83, Eff. Apr. 1, 1994
Popular Name:
Act 306
Popular Name:
APA