April 25, 2006, Introduced by Reps. Acciavatti, Ball, Gosselin, Taub and Schuitmaker and referred to the Committee on Judiciary.
A bill to amend 1969 PA 306, entitled
"Administrative procedures act of 1969,"
by amending sections 7, 31, 38, and 44 (MCL 24.207, 24.231, 24.238,
and 24.244), section 7 as amended by 2000 PA 216, section 31 as
amended by 1989 PA 288, and section 44 as amended by 2004 PA 23.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 7. "Rule" means an agency regulation, statement,
standard, policy, ruling, or instruction of general applicability
that implements or applies law enforced or administered by the
agency, or that prescribes the organization, procedure, or practice
of the agency, including the amendment, suspension, or rescission
of the law enforced or administered by the agency. Rule does not
include any of the following:
(a) A resolution or order of the state administrative board.
(b) A formal opinion of the attorney general.
(c) A rule or order establishing or fixing rates or tariffs.
(d) A rule or order pertaining to game and fish and
promulgated under parts 401, 411, and 487 of the natural resources
and environmental protection act, 1994 PA 451, MCL 324.40101 to
324.40119, 324.41101 to 324.41105, and 324.48701 to 324.48740.
(e) A rule relating to the use of streets or highways, the
substance of which is indicated to the public by means of signs or
signals.
(f) A determination, decision, or order in a contested case.
(g) An intergovernmental, interagency, or intra-agency
memorandum, directive, or communication that does not affect the
rights of, or procedures and practices available to, the public.
(h) A form with instructions, an interpretive statement, a
guideline, a policy directive, an informational pamphlet, or other
material that in itself does not have the force and effect of law
but is merely explanatory.
(i) A declaratory ruling or other disposition of a particular
matter as applied to a specific set of facts involved.
(j) A decision by an agency to exercise or not to exercise a
permissive statutory power, although private rights or interests
are affected.
(k)
Unless another statute requires a rule to be promulgated
under
this act, a rule or policy that only concerns the inmates of
a
state correctional facility and does not directly affect other
members
of the public, except that a rule that only concerns
inmates
which was promulgated before December 4, 1986, shall be
considered
a rule and shall remain in effect until rescinded but
shall
not be amended. As used in this subdivision, "state
correctional
facility" means a facility or institution that houses
an
inmate population under the jurisdiction of the department of
corrections.
(k) (l) A rule establishing special local watercraft
controls
promulgated under former 1967 PA 303. A rule described in this
subdivision may be rescinded as provided in section 80113(2) of the
natural resources and environmental protection act, 1994 PA 451,
MCL 324.80113.
(l) (m)
All of the following, after final approval by the
certificate
of need commission or the statewide health
coordinating
council under section 22215 or 22217 of
the public
health
code, 1978 PA 368, MCL 333.22215:
and 333.22217:
(i) The designation, deletion, or revision of covered medical
equipment and covered clinical services.
(ii) Certificate of need review standards.
(iii) Data reporting requirements and criteria for determining
health facility viability.
(iv) Standards used by the department of community health in
designating a regional certificate of need review agency.
(v) The modification of the 100 licensed bed limitation for
short-term nursing care programs set forth in section 22210 of the
public health code, 1978 PA 368, MCL 333.22210.
(m) (n)
A policy developed by the family independence agency
under
section 6(3) of the social welfare act, 1939 PA 250 280,
MCL 400.6, setting income and asset limits, types of income and
assets to be considered for eligibility, and payment standards for
administration of assistance programs under that act.
(n) (o)
A policy developed by the family independence agency
under section 6(4) of the social welfare act, 1939 PA 280, MCL
400.6, to implement requirements that are mandated by federal
statute or regulations as a condition of receipt of federal funds.
(o) (p)
The provisions of an agency's contract with a public
or private entity including, but not limited to, the provisions of
an agency's standard form contract.
(p) (q)
A policy developed by the department of community
health under the authority granted in section 111a of the social
welfare act, 1939 PA 280, MCL 400.111a, to implement policies and
procedures necessary to operate its health care programs in
accordance with an approved state plan or in compliance with state
statute.
Sec.
31. (1) Rules which that
became effective before July
1, 1970 continue in effect until amended or rescinded.
(2) When a law authorizing or directing an agency to
promulgate rules is repealed and substantially the same rule-making
power or duty is vested in the same or a successor agency by a new
provision of law or the function of the agency to which the rules
are related is transferred to another agency, by law or executive
order,
the existing rules of the original agency relating thereto
to that agency continue in effect until amended or rescinded, and
the agency or successor agency may rescind any rule relating to the
function. When a law creating an agency or authorizing or directing
it to promulgate rules is repealed or the agency is abolished and
substantially the same rule-making power or duty is not vested in
the same or a successor agency by a new provision of law and the
function of the agency to which the rules are related is not
transferred to another agency, the existing applicable rules of the
original agency are automatically rescinded as of the effective
date of the repeal of such law or the abolition of the agency.
(3) The rescission of a rule does not revive a rule which was
previously rescinded.
(4) The amendment or rescission of a valid rule does not
defeat or impair a right accrued, or affect a penalty incurred,
under the rule.
(5) Except
in the case of the amendment of rules concerning
inmates
as described in section 7(k), a A
rule may be amended or
rescinded by another rule which constitutes the whole or a part of
a filing of rules or as a result of an act of the legislature.
Sec.
38. A Except
for a rule involving a state correctional
facility as described in section 44(2)(b), a person may request an
agency to promulgate a rule. Within 90 days after filing of a
request, the agency shall initiate the processing of a rule or
issue a concise written statement of its principal reasons for
denial of the request. The denial of a request is not subject to
judicial review.
Sec. 44. (1) Sections 41 and 42 do not apply to an amendment
or rescission of a rule that is obsolete or superseded, or that is
required to make obviously needed corrections to make the rule
conform to an amended or new statute or to accomplish any other
solely formal purpose, if a statement to that effect is included in
the legislative service bureau certificate of approval of the rule.
(2)
Sections 41 and 42 do not apply to
a the following:
(a) A rule that is promulgated under the Michigan occupational
safety and health act, 1974 PA 154, MCL 408.1001 to 408.1094, that
is substantially similar to an existing federal standard that has
been adopted or promulgated under the occupational safety and
health
act of 1970, Public Law 91-596, 84 Stat. 1590. However,
notice
(b) A rule or policy that only concerns the inmates of a state
correctional facility and does not directly affect other members of
the public. As used in this subdivision, "state correctional
facility" means a facility or institution that houses an inmate
population under the jurisdiction of the department of corrections.
(3) Notice of the proposed rule promulgated under subsection
(2) shall be published in the Michigan register at least 35 days
before the submission of the rule to the secretary of state
pursuant to section 46(1). A reasonable period, not to exceed 21
days, shall be provided for the submission of written or electronic
comments and views following publication in the Michigan register.
(4) (3)
For purposes of subsection (2) As
used in this
section, "substantially similar" means identical, with the
exception of style or format differences needed to conform to this
or
other state laws, as determined by the state
office of
regulatory
reform administrative hearings
and rules pursuant to
section 45(1).