Bill Text: MI HB5048 | 2017-2018 | 99th Legislature | Introduced

---

Bill Title: Administrative procedure; rules; rule-making; prohibit when authority is not expressly stated in statute. Amends sec. 32 of 1969 PA 306 (MCL 24.232).

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2017-10-03 - Bill Electronically Reproduced 09/28/2017 [HB5048 Detail]

Download: Michigan-2017-HB5048-Introduced.html

---

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE BILL No. 5048

 

 

September 28, 2017, Introduced by Reps. LaFave, Noble, Marino, Glenn, Runestad, Kelly, Allor, Wentworth, Hoitenga, Johnson, Miller, McCready, Tedder, Barrett, Frederick, Webber and Reilly and referred to the Committee on Michigan Competitiveness.

 

     A bill to amend 1969 PA 306, entitled

 

"Administrative procedures act of 1969,"

 

by amending section 32 (MCL 24.232), as amended by 2011 PA 270.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 32. (1) Definitions of words and phrases and rules of

 

construction prescribed in any statute that are made applicable to

 

all statutes of this state also apply to rules unless clearly

 

indicated to the contrary.

 

     (2) A rule or exception to a rule shall must not discriminate

 

in favor of or against any person. A person affected by a rule is

 

entitled to the same benefits as any other person under the same or

 

similar circumstances.

 

     (3) The violation of a rule is a crime when so provided by

 

statute. A rule shall must not make an act or omission to act a

 

crime or prescribe a criminal penalty for violation of a rule.

 

     (4) An agency may adopt, by reference in its rules and without

 

publishing the adopted matter in full, all or any part of a code,

 

standard, or regulation that has been adopted by an agency of the

 

United States or by a nationally recognized organization or

 

association. The reference shall must fully identify the adopted

 

matter by date and otherwise. The reference shall must not cover

 

any later amendments and editions of the adopted matter, but if the

 

agency wishes to incorporate them in its rule it shall amend the

 

rule or promulgate a new rule therefor. to do so. The agency shall

 

have available copies of the adopted matter for inspection and

 

distribution to the public at cost and the rules shall must state

 

where copies of the adopted matter are available from the agency

 

and the agency of the United States or the national organization or

 

association and the cost of a copy as of at the time the rule is

 

adopted.

 

     (5) A guideline, operational memorandum, bulletin,

 

interpretive statement, or form with instructions is not

 

enforceable by an agency, is considered merely advisory, and shall

 

must not be given the force and effect of law. An agency shall not

 

rely upon on a guideline, operational memorandum, bulletin,

 

interpretive statement, or form with instructions to support the

 

agency's decision to act or refuse to act if that decision is

 

subject to judicial review. A court shall not rely upon on a

 

guideline, operational memorandum, bulletin, interpretive

 

statement, or form with instructions to uphold an agency decision

 

to act or refuse to act.

     (6) Where If a statute provides that an agency may proceed by

 

rule-making or by order and an agency proceeds by order in lieu

 

instead of rule-making, the order shall must not be given general

 

applicability to persons who were not parties to the proceeding or

 

contested case before the issuance of the order, unless the order

 

was issued after public notice and a public hearing.

 

     (7) An agency shall not proceed with rule-making unless the

 

authority for the rule-making is explicitly and unequivocally

 

granted in statute.

 

     (8) (7) A rule shall must not exceed the rule-making

 

delegation contained in the statute authorizing the rule-making.