The Michigan Administrative Procedure Act (“Act”) is found in Chapter 24 of the Michigan Compiled Law Service. According to the Act, the office of regulatory reform must publish the Michigan register at least once in each month.
MCLS § 24.224 provides that before adopting a guideline, an agency must give electronic notice of the proposed guideline to the joint committee on administrative rules (“committee”), the office of regulatory reform, and each person who requested the agency for advance notice of proposed guideline that may affect the person. Then the committee will electronically provide the notice of the proposed guideline to members of the committee and to members of the standing committees of the senate and House of Representatives that deal with the subject matter of the proposed guideline, on the next business day after receipt of the notice from the agency. After adoption the guideline will become a public record.
According to MCLS § 24.238, a person can request an agency to promulgate a rule. Within 90 days after the receipt of the request the agency can either initiate processing of the rule or can issue a brief statement as to the reasons for denial.
MCLS § 24.239 provides that before initiating any changes to a rule the agency must electronically file with the office of regulatory reform a request for rule-making in a format prescribed by the office of regulatory reform. The request includes:
- State or federal authority for the rule;
- Regulatory basis for the rule;
- Problem the rule aims to address; and
- Evaluation of the importance of the problem.
According to MCLS § 24.241, before adoption of a rule, the agency must give a notice of public hearing and must provide an opportunity to interested parties to submit their views, data, questions and arguments. The notice includes the following:
- Statement of statutory authority concerning the proposed rule;
- Time and place of scheduled public hearing;
- Manner and time within which data and views must be submitted to the agency for consideration;
- Express terms or substance of the proposed rule;
- Subject and issues involved in the proposed rule;
The notice requirements apply also to contested cases. But these requirements will not apply to an amendment or rescission of a rule that is outdated, or making corrections to the rules to make it conform to an amended or new statute.
MCLS § 24.248 provides that an agency can promulgate an emergency rule without complying with other rule-making procedures for the preservation of public health, safety and welfare. The agency must state the reasons in writing and it must be agreed and approved by the governor.
If a person requests for a declaratory ruling, an agency can issue a declaratory ruling as to the applicability to an actual state of facts of a statute or of an agency rule or order. A declaratory ruling is binding on the agency and the person requesting it unless it is altered or set aside by any court. A declaratory ruling is subject to judicial review in the same manner as an agency final decision or order in a contested case. If an exclusive remedy is not provided by the governing agency, the validity or applicability of a rule can be determined in an action for declaratory judgment. The person requesting for declaratory judgment must show that the rule or its threatened application, impairs or threatened to impair the petitioner’s legal rights or privileges. The action for declaratory judgment can be filed in the circuit court for Ingham county, circuit court of the county where the plaintiff resides or has principal place of business in this state. The agency will also be made a party to the action. A person can request for declaratory judgment only if the agency has denied or failed to act expeditiously on a request for declaratory ruling.
MCLS § 24.291 provides that if the licensee has made timely and sufficient application for renewal, then the license will not expire until the agency has made its final determination. Before suspending, revoking or withdrawing a license, the agency must give reasonable notice to the licensee of facts or conduct which justifies the intended action. Summary suspension of license by an agency is permitted when the agency finds that public health, safety and welfare requires an emergency action to be taken.
According to MCLS § 24.325, a party not satisfied with the final decision of an agency or its presiding officer can seek judicial review of that decision. The court can modify the final agency decision only if it finds that failure to make an award in favor of the petitioner was an abuse of discretion, or calculation of amount was not based on substantial evidence.
