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 Senate, December 6, 2011
SENATE SUBSTITUTE FOR
HOUSE BILL NO. 4240
A bill to amend 1969 PA 306, entitled
"Administrative procedures act of 1969,"
by amending section 32 (MCL 24.232).
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 not
enforceable by an agency, is considered merely advisory, and shall
not 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. A court shall not rely upon a guideline,
operational memorandum, bulletin, interpretive statement, or form
with instructions to uphold an agency decision to act or refuse to
act.
(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, unless the order was issued after
public notice and a public hearing.
(7) A rule shall not exceed the rule-making delegation
contained in the statute authorizing the rule-making.
