Sec. 45c.
(1) If the committee proposes that a proposed rule be changed under section 45a(1), the agency shall, within 30 days, do 1 of the following:
(a) Decide to change the rule and, within the 30 days, resubmit the rule, as changed, to the committee. If the agency decides to change the rule, subsections (2) to (5) apply.
(b) Decide to not change the rule. If the agency decides to not change the rule, subsection (6) applies.
(2) If an agency decides to change a proposed rule under subsection (1), the agency shall withdraw the rule. A withdrawal under this subsection is a withdrawal with permission under section 45a(10). After withdrawing the rule under this subsection, the agency shall give notice to the office for publication of the proposed rule, as changed, under section 8. The notice must include the text of the rule as changed.
(3) After receiving the text of a proposed rule as changed under subsection (2), the office shall review the rule as changed and determine whether the regulatory impact or the impact on small businesses of the rule as changed would be more burdensome than the regulatory impact or the impact on small businesses of the rule as originally proposed. If the language of the rule as changed is identical to the language of the corresponding rule promulgated and in effect at the time of the review, the regulatory impact and impact on small businesses of the rule as changed are not more burdensome. The office shall notify the agency of its determination under this subsection.
(4) If the office's determination under subsection (3) is that the regulatory impact and the impact on small businesses of the rule as changed would not be more burdensome, the agency is not required to prepare a new agency report under section 45(2) or conduct a new public hearing on the rule as changed. If the determination is that the regulatory impact and the impact on small businesses of the rule as changed would be more burdensome, the agency shall prepare a new agency report under section 45(2) and conduct a new public hearing.
(5) After receiving the office's determination under subsection (3), the agency shall submit a supplement to the agency report under section 45(2) that includes all of the following:
(a) A statement of the determination of the office under subsection (3) and whether a new agency report under section 45(2) and public hearing are required.
(b) An explanation for the proposed changed rule.
(6) If an agency decides to not change a rule under subsection (1), the agency shall within the 30-day period under subsection (1) notify the committee of the decision and the reasons for the decision and file the notice with the office. After the notice is filed, the committee has 15 session days in which to consider the agency's decision and take 1 of the actions listed in section 45a(1).
History: Add. 2016, Act 513, Imd. Eff. Jan. 9, 2017 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.