Bill Text: MI HB4240 | 2011-2012 | 96th Legislature | Engrossed
Bill Title: Administrative procedure; rules; use of certain orders, bulletins, and guidelines; establish limit. Amends sec. 32 of 1969 PA 306 (MCL 24.232 et seq.).
Spectrum: Partisan Bill (Republican 11-0)
Status: (Passed) 2011-12-28 - Assigned Pa 270'11 With Immediate Effect [HB4240 Detail]
Download: Michigan-2011-HB4240-Engrossed.html
HB-4240, As Passed House, June 16, 2011
SUBSTITUTE FOR
HOUSE BILL NO. 4240
A bill to amend 1969 PA 306, entitled
"Administrative procedures act of 1969,"
by amending sections 32 and 40 (MCL 24.232 and 24.240), section 40
as amended by 1999 PA 262.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 32. (1) Definitions of words and phrases and rules of
construction
prescribed in any statute , and which 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 not discriminate in
favor
of or against any person. , and a 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 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 which that has been adopted by an agency of
the United States or by a nationally recognized organization or
association. The reference shall fully identify the adopted matter
by date and otherwise. The reference shall 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. The agency shall have available
copies of the adopted matter for inspection and distribution to the
public at cost and the rules shall 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
thereof of a copy as of the time the rule is adopted.
(5) A guideline, operational memorandum, bulletin,
interpretive statement, or form with instructions is considered
merely advisory and shall not be binding on anyone other than the
agency or be given the force and effect of law. An agency shall not
rely upon 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.
(6) Where a statute provides that an agency may proceed by
rule-making or by order and an agency proceeds by order in lieu of
rule-making, the order shall not be given general applicability to
persons who were not parties to the proceeding or contested case
before the issuance of the order.
(7) A rule shall not exceed the rule-making delegation
contained in the statute authorizing the rule-making.
Sec. 40. (1) When an agency proposes to adopt a rule that will
apply to a small business and the rule will have a disproportionate
impact on small businesses because of the size of those businesses,
the agency shall consider exempting small businesses and, if not
exempted, the agency proposing to adopt the rule shall reduce the
economic
impact of the rule on small businesses by doing 1 or more
all of the following when it is lawful and feasible in meeting the
objectives of the act authorizing the promulgation of the rule:
(a) Identify and estimate the number of small businesses
affected by the proposed rule and its probable effect on small
businesses.
(b) (a)
Establish differing compliance or reporting
requirements or timetables for small businesses under the rule
after projecting the required reporting, record-keeping, and other
administrative costs.
(c) (b)
Consolidate, or simplify, or eliminate the
compliance
and reporting requirements for small businesses under the rule and
identify the skills necessary to comply with the reporting
requirements.
(d) (c)
Establish performance rather than design standards,
when
appropriate standards to
replace design or operational
standards required in the proposed rule.
(d)
Exempt small businesses from any or all of the
requirements
of the rule.
(2) The factors described in subsection (1)(a) to (d) shall be
specifically addressed in the regulatory impact statement required
under section 45.
(3) (2)
If appropriate in In reducing the disproportionate
economic impact on small business of a rule as provided in
subsection
(1), an agency may shall use the following
classifications of small business:
(a) 0-9 full-time employees.
(b) 10-49 full-time employees.
(c) 50-249 full-time employees.
(4) (3)
For purposes of subsection (2) (3), an agency may
include a small business with a greater number of full-time
employees in a classification that applies to a business with fewer
full-time employees.
(5) (4)
This section and section 45(3) do not apply to a rule
which
that is required by federal law and which that
an agency
promulgates without imposing standards more stringent than those
required by the federal law.
