March 30, 2006, Introduced by Reps. Garfield, Taub, Robertson, Gosselin, Farhat, Booher, LaJoy, Elsenheimer, Pastor, Palsrok, Stakoe, Hildenbrand, Moore, Wenke, Stahl, Nofs, Stewart, Newell, Brandenburg, Caswell, Hummel, Kahn, David Law, Mortimer, Ball, Schuitmaker, Drolet, Palmer, Huizenga, Hoogendyk, Ward, Jones, Green, Caul, Baxter, Marleau, Pavlov, Vander Veen, Kooiman, Acciavatti, Amos and Moolenaar and referred to the Committee on Commerce.
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 shall 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
Unless provided for by
statute, a rule shall not make
an
act or omission to act designate
as a crime or
an act or
omission and shall not 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 as of the time the rule is adopted.
(5) 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
prior to the issuance of the order. Under such circumstances, the
order shall not apply in subsequent proceedings or contested cases
where the factual basis on which the order was predicated is
contested in that subsequent proceeding or contested case.
(6) A rule shall not exceed the rule-making delegation
contained in the statute authorizing the rule-making, taking into
consideration the regulatory intent of the statute, the behavior or
activity within the regulatory scope of the statute, and extent to
which the activity is uniquely within the regulatory expertise of
the agency.