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(1) Sections 41, 42, and 66 do not apply to an amendment or rescission of a rule that is obsolete or superseded, or that is required to make obviously needed corrections to make the rule conform to an amended or new statute or to accomplish any other solely formal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 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Section 24.235a - Repealed. 1993, Act 7, Eff.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.