Sec. 31.
(1) Rules which became effective before July 1, 1970 continue in effect until amended or rescinded.
(2) When a law authorizing or directing an agency to promulgate rules is repealed and substantially the same rule-making power or duty is vested in the same or a successor agency by a new provision of law or the function of the agency to which the rules are related is transferred to another agency, by law or executive order, the existing rules of the original agency relating thereto continue in effect until amended or rescinded, and the agency or successor agency may rescind any rule relating to the function. When a law creating an agency or authorizing or directing it to promulgate rules is repealed or the agency is abolished and substantially the same rule-making power or duty is not vested in the same or a successor agency by a new provision of law and the function of the agency to which the rules are related is not transferred to another agency, the existing applicable rules of the original agency are automatically rescinded as of the effective date of the repeal of such law or the abolition of the agency.
(3) The rescission of a rule does not revive a rule which was previously rescinded.
(4) The amendment or rescission of a valid rule does not defeat or impair a right accrued, or affect a penalty incurred, under the rule.
(5) Except in the case of the amendment of rules concerning inmates as described in section 7(k), a rule may be amended or rescinded by another rule which constitutes the whole or a part of a filing of rules or as a result of an act of the legislature.
History: 1969, Act 306, Eff. July 1, 1970 ;-- Am. 1970, Act 40, Imd. Eff. July 1, 1970 ;-- Am. 1989, Act 288, Imd. Eff. Dec. 26, 1989 Popular Name: Act 306Popular Name: APA
Structure 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 24.231 - Rules; Continuation; Amendment; Rescission.
Section 24.233 - Rules; Organization; Operations; Procedures.
Section 24.234 - Office of Regulatory Reform; Agency; Powers and Duties.
Section 24.235a - Repealed. 1993, Act 7, Eff. Dec. 8, 1994.
Section 24.236 - Office of Regulatory Reform Procedures and Standards for Rules.
Section 24.238 - Filing of Requests by Individuals for Promulgation of Certain Rules.
Section 24.239 - Request for Rule-Making.
Section 24.239a - Notice of Public Hearing; Approval by Office; Copies.
Section 24.241a - Request by Legislator for Copies of Proposed Rules or Changes in Rules.
Section 24.243 - Compliance Required; Contesting Rule on Ground of Noncompliance.
Section 24.245b - Information to Be Posted on Office of Regulatory Reinvention Website.
Section 24.249 - Filed Rules; Transmission.
Section 24.250 - Legislative Standing Committees; Functions.
Section 24.251 - Amendment and Rescission of Rules by Legislature; Introduction of Bill.
Section 24.252 - Suspension of Rules.
Section 24.253 - Annual Regulatory Plan; Link to Website of Office of Regulatory Reinvention.
Section 24.254 - Failure of Committee to Provide Notice.
Section 24.261 - Filing and Publication of Rules; Presumptions Arising Therefrom; Judicial Notice.
Section 24.263 - Declaratory Ruling by Agency as to Applicability of Rule.
Section 24.264 - Declaratory Judgment as to Validity or Applicability of Rule.