DEPARTMENT OF EDUCATION

SUPERINTENDENT OF PUBLIC INSTRUCTION

DECLARATORY RULINGS, AND PROMULGATION OF RULES, AND INFORMATIONAL MATERIALS

Filed with the Secretary of State on

These rules become effective immediately after filing with the secretary of state unless adopted under section 33, 44, or 45a(9) of the administrative procedures act of 1969, 1969 PA 306, MCL 24.233, 24.244, and 24.245a. Rules adopted under these sections become effective 7 days after filing with the secretary of state.

(By authority conferred on the superintendent of public instruction by sections 33 and 63 of the administrative procedures act of 1969, 1969 PA 306, MCL 24.233 and MCL 24.263, and Executive Reorganization Order No. 1996-6, MCL 388.993)

R 340.1352 and R 340.1353 of the Michigan Administrative Code are amended, and R 340.1354 of the Code is rescinded, as follows:

R 340.1352  Request for declaratory ruling.

  Rule 2. (1) An interested person may request that the superintendent issue a declaratory ruling on how a statute that is administered by the department or a rule or order of the department applies to an actual state of facts.

  (2) A request for a declaratory ruling shall must be submitted by email to MDE-SuperintendentAppeals@michigan.gov or by mail to the Office of the Superintendent, Department of Education, P.O. Box 30008, Lansing, Michigan 48909 48933. A The request shall must contain all of the following information:

   (a) A clear and concise statement of the actual state of facts upon on which a ruling will would be based.

   (b) A precise statement of the legal question or issue involved.

   (c) The legal authority given to of the department or the superintendent for administering the statute, rule, or order.

   (d) The signature, address, email address, and telephone number of the interested person making the request.

  (3) In addition to Along with the request, an the interested person may submit a brief of, or other reference to, the legal authority upon on which the person believes the superintendent should base the declaratory ruling should be based.

  (4) The superintendent may require that the person making the request provide a copy of the request notice of the request be provided to any a person known by the person making the request to have an interest in the matter.

  (5) Not more than 60 calendar days after receiving a request for a declaratory ruling, the superintendent shall notify the person who that made the request and interested parties described in this rule if the declaratory ruling is it will be granted or denied by the superintendent.

  (6) If the superintendent denies the request is denied, the superintendent shall send by email or mail shall issue a concise written statement of the reasons for denial to the person that made the request and interested parties described in this rule. The statement shall be sent by certified mail to the person who made the request.

  (7) If the superintendent grants the request, the superintendent shall send by email or mail a declaratory ruling to the person who made the request and interested parties described in this rule, which must is issued, the ruling shall include all of the following:

   (a) The actual state of facts upon on which the superintendent based the ruling is based.

   (b) The conclusions of law and the legal authority upon on which the superintendent relied for the ruling.

   (c) The ruling made.

(8) The department shall maintain a compilation of declaratory rulings. Upon an oral or written request to the department, a person may inspect, copy, or receive a copy of a declaratory ruling.

R 340.1353  Request for promulgation of rule.

  Rule 3. (1) Any A person may request that the department to promulgate a rule. A request shall must contain all of the following information:

   (a) The signature, address, email address, and telephone number of the person making the request.

   (b) A citation to the statute under which the department has the authority to promulgate the rule.

   (c) The reason for the request.

  (2) A request for the promulgation of a rule shall must be submitted by email to MDE-SuperintendentAppeals@michigan.gov or by mail to the Office of the Superintendent, Department of Education, P.O. Box 30008, Lansing, Michigan 48909 48933.

(3) Not more than 90 calendar days after receiving a request that is in compliance complies with subrule (1) of this rule, the department shall do 1 of the following:

   (a) initiate Both of the following:

    (i) Notify the person that made the request by email, mail, or telephone that the department is granting the request.

    (ii) Initiate the processing of a rule.

   (b) or shall issue Send a concise written statement of the principal reasons for denial of the request. The by email or mail to the person that made the request statement shall be sent by certified mail to the person who made the request.

R 340.1354  Writings, documents, and other informational materials. Rescinded.

  Rule 4. (1) The department shall make information concerning its activities and services available to the public.

  (2) A person shall request writings, documents, and other informational materials from the department pursuant to the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246, and the department’s procedures and guidelines published under that act.