Sec. 41.
(1) Except as provided in sections 44 and 66, before the adoption of a rule, an agency, or the office, shall give notice of a public hearing and offer a person an opportunity to present data, views, questions, and arguments. The notice must be given within the time prescribed by any applicable statute, or if none, in the manner prescribed in section 42(1).
(2) The notice described in subsection (1) must include all of the following:
(a) A reference to the statutory authority under which the action is proposed.
(b) The time and place of the public hearing and a statement of the manner in which data, views, questions, and arguments may be submitted by a person to the agency at other times.
(c) A statement of the terms or substance of the proposed rule, a description of the subjects and issues involved, and the proposed effective date of the rule.
(3) The agency, or the office acting on behalf of an agency, shall transmit copies of the notice described in subsection (1) to each person who requested the agency in writing or electronically for advance notice of proposed action that may affect the person. If requested, the notice must be by mail, in writing, or electronically to the last address specified by the person.
(4) The public hearing must comply with any applicable statute, but is not subject to the provisions governing a contested case.
(5) The head of the promulgating agency or 1 or more persons designated by the head of the agency who have knowledge of the subject matter of the proposed rule shall be present at the public hearing and shall participate in the discussion of the proposed rule.
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. 1989, Act 288, Imd. Eff. Dec. 26, 1989 ;-- Am. 1993, Act 141, Imd. Eff. Aug. 4, 1993 ;-- Am. 2004, Act 23, Imd. Eff. Mar. 10, 2004 ;-- Am. 2004, Act 491, Eff. Jan. 12, 2005 ;-- Am. 2018, Act 267, Imd. Eff. June 29, 2018 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 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.