Michigan Compiled Laws
306-1969-3 - Chapter 3 Procedures for Processing and Publishing Rules (24.231...24.266)
Section 24.239 - Request for Rule-Making.

Sec. 39.
(1) Before initiating any changes or additions to rules, an agency shall electronically file with the office of regulatory reinvention a request for rule-making in a format prescribed by the office of regulatory reinvention. The request for rule-making shall include the following:
(a) The state or federal statutory or regulatory basis for the rule.
(b) The problem the rule intends to address.
(c) An assessment of the significance of the problem.
(d) If applicable, the decision record.
(2) If an agency receives recommendations or comments by any advisory committee or other advisory entity created by statute regarding a request for rule-making, the advisory committee or entity shall issue to the agency a decision record.
(3) An agency shall not proceed with the processing of a rule outlined in this chapter unless the office of regulatory reinvention has approved the request for rule-making. The office of regulatory reinvention is not required to approve a request for rule-making and shall do so only after it has indicated in its response to the request for rule-making submitted by an agency that there are appropriate and necessary policy and legal bases for approving the request for rule-making.
(4) The office of regulatory reinvention shall record the receipt of all requests for rule-making on the internet and shall make electronic or paper copies of approved requests for rule-making available to members of the general public. The office of regulatory reinvention shall issue a written or electronic response to the request for rule-making that specifically addresses whether the request has appropriate and necessary policy and legal bases for approving the request for rule-making.
(5) The office of regulatory reinvention shall immediately make available to the committee electronic copies of the request for rule-making submitted to the office of regulatory reinvention. On a weekly basis, the office of regulatory reinvention shall electronically provide to the committee a listing of all requests for rule-making approved or denied during the previous week. The committee shall electronically provide a copy of the approved and denied requests for rule-making, not later than the next business day after receipt of the notice 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 the proposed rule.
History: Add. 1999, Act 262, Eff. Apr. 1, 2000 ;-- Am. 2004, Act 23, Imd. Eff. Mar. 10, 2004 ;-- Am. 2011, Act 239, Imd. Eff. Dec. 1, 2011 Popular Name: Act 306Popular Name: APA

Structure Michigan Compiled Laws

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 24.232 - Statutory Construction; Discrimination; Crimes; Adoption by Reference; Effect of Guideline, Operational Memorandum, Bulletin, Interpretive Statement, or Form With Instructions; Agency Order; Limitation on Rule-Making Delegation; Limi...

Section 24.233 - Rules; Organization; Operations; Procedures.

Section 24.234 - Office of Regulatory Reform; Agency; Powers and Duties.

Section 24.235 - Joint Committee on Administrative Rules; Creation; Appointment and Terms of Members; Chairperson; Expenses; Meetings; Hearings; Action by Committee; Report; Hiring and Supervision of Staff and Related Functions.

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 24.240 - Reducing Disproportionate Economic Impact of Rule on Small Business; Applicability of Section and MCL 24.245(3).

Section 24.241 - Notice of Public Hearing Before Adoption of Rule; Opportunity to Present Data, Views, Questions, and Arguments; Time, Contents, and Transmittal of Notice; Advanced Notice of Proposed Action; Provisions Governing Public Hearing; Prese...

Section 24.241a - Request by Legislator for Copies of Proposed Rules or Changes in Rules.

Section 24.242 - Notice of Public Hearing; Publication Requirements; Submission of Copy to Office; Publication of Notice in Michigan Register; Distribution of Copies of Notice of Public Hearing; Meeting of Joint Committee on Administrative Rules.

Section 24.243 - Compliance Required; Contesting Rule on Ground of Noncompliance.

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); "Substantia...

Section 24.245 - Approval of Rules by Legislative Service Bureau and Office; Agency Reports; Regulatory Impact Statement; Fiscal Agency Reports; Exceptions.

Section 24.245a - Joint Committee on Administrative Rules; Consideration of Rule; Actions; Filing of Rule by Office; Effective Date of Rule; Withdrawal and Resubmission of Rule; Tolling; "Session Day" Defined.

Section 24.245b - Information to Be Posted on Office of Regulatory Reinvention Website.

Section 24.245c - Proposal by Committee That Proposed Rule Be Changed; Actions by Agency; Review and Determination by Office; Notice to Committee.

Section 24.246 - Promulgation of Rules; Procedure; Arrangement, Binding, Certification, and Inspection of Rules.

Section 24.247 - Effective Date of Rules; Withdrawal or Rescission of Promulgated Rules; Notice of Withdrawal.

Section 24.248 - Emergency Rules; Tolling Effective Date; Scheduling Substance as Controlled Substance; Numbering and Compilation; "Administrator" Defined.

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 24.255 - Annual Supplement to Michigan Administrative Code; Electronic Publication by Office of Regulatory Reform; Contents.

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 Publish...

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.

Section 24.258 - Request for Preparation of Reproduction Proofs or Negatives of Rules; Reimbursement; Publication of Rules Electronically or in Pamphlets; Cost.

Section 24.259 - Copies of Michigan Register, Michigan Administrative Code, and Code Supplements; Distribution; Official Use.

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.

Section 24.265 - Environmental Rules Review Committee; Membership; Requirements and Exclusions; Terms; Removal; Powers and Duties; Purpose.

Section 24.266 - Request for Rule-Making; Procedure; Notification in Writing; Public Hearing; Extension; Agency Report; Review, Approval, or Rejection Proposed Rules; Certificates of Approval; Legislative Service Bureau.