Sec. 2233.
(1) The department may promulgate rules necessary or appropriate to implement and carry out the duties or functions vested by law in the department.
(2) If the Michigan supreme court rules that sections 45 and 46 of the administrative procedures act of 1969, Act No. 306 of the Public Acts of 1969, being sections 24.245 and 24.246 of the Michigan Compiled Laws, are unconstitutional, and a statute requiring legislative review of administrative rules is not enacted within 90 days after the Michigan supreme court ruling, the department shall not promulgate rules under this act.
History: 1978, Act 368, Eff. Sept. 30, 1978 ;-- Am. 1996, Act 67, Imd. Eff. Feb. 26, 1996 Compiler's Notes: In separate opinions, the Michigan Supreme Court held that Section 45(8), (9), (10), and (12) and the second sentence of Section 46(1) (“An agency shall not file a rule ... until at least 10 days after the date of the certificate of approval by the committee or after the legislature adopts a concurrent resolution approving the rule.”) of the Administrative Procedures Act of 1969, in providing for the Legislature's reservation of authority to approve or disapprove rules proposed by executive branch agencies, did not comply with the enactment and presentment requirements of Const 1963, Art 4, and violated the separation of powers provision of Const 1963, Art 3, and, therefore, were unconstitutional. These specified portions were declared to be severable with the remaining portions remaining effective. Blank v Department of Corrections, 462 Mich 103 (2000).Popular Name: Act 368Admin Rule: R 287.1; R 287.451 et seq.; R 287.481 et seq.; R 325.60; R 325.151 et seq.; R 325.921 et seq.; R 325.951 et seq.; R 325.1053 et seq.; R 325.1213 et seq.; R 325.1281 et seq.; R 325.1541 et seq.; R 325.2101 et seq.; R 325.2111 et seq.; R 325.2581; R 325.3271 et seq.; R 325.3311 et seq.; R 325.3401 et seq.; R 325.3801 et seq.; R 325.5810 et seq.; R 325.9001 et seq.; R 325.13051 et seq.; R 325.13091 et seq.; R 325.17101 et seq.; R 325.23101 et seq.; R 338.3801; and R 338.3821 et seq. of the Michigan Administrative Code.
Structure Michigan Compiled Laws
Act 368 of 1978 - Public Health Code (333.1101 - 333.25211)
Article 2 - Administration (333.2201...333.3625)
368-1978-2-22 - Part 22 State Department of Public Health (333.2201...333.2264)
Section 333.2201 - Department of Public Health and Office of Director of Public Health Continued.
Section 333.2204 - Director of Public Health; Salary; Full-Time Performance of Functions; Expenses.
Section 333.2210 - Public Health Advisory Council; Powers and Duties Generally.
Section 333.2213 - Task Forces.
Section 333.2223 - Biennial Plan for Rural Health; Preparation; Submission to Standing Committees.
Section 333.2226 - Powers of Department.
Section 333.2227 - Racial and Ethnic Health Disparities; Duties of Department.
Section 333.2231 - Furnishing Information Relating to Public Health; Report.
Section 333.2232 - Repealed. 1986, Act 79, Eff. Apr. 1, 1987.
Section 333.2232a - Repeal of MCL 333.2232.
Section 333.2237 - Duties of Department as to Health Education; “Health Education” Defined.
Section 333.2241 - Inspection or Investigation to Assure Compliance; Application for Warrant.
Section 333.2242 - Warrant; Affidavit Required for Issuance.
Section 333.2243 - Warrant; Grounds for Issuance.
Section 333.2244 - Warrant; Finding of Cause.
Section 333.2245 - Warrant; Directing to Law Enforcement Officer; Contents.
Section 333.2246 - Warrant; Execution.
Section 333.2247 - Warrant; Procuring Maliciously or Without Cause; Misdemeanor.
Section 333.2255 - Injunctive Action.
Section 333.2261 - Violation as Misdemeanor; Penalty.
Section 333.2264 - Patient Safety Organization; Certification of More Than 1 Entity.