February 7, 2013, Introduced by Reps. Farrington, Howrylak and Rendon and referred to the Committee on Regulatory Reform.
A bill to amend 1969 PA 306, entitled
"Administrative procedures act of 1969,"
by amending section 32 (MCL 24.232), as amended by 2011 PA 270.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 32. (1) Definitions of words and phrases and rules of
construction prescribed in any statute 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. 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 if provided
by
statute.
A Unless provided by
statute, a rule shall not make
designate
an act or omission to act as 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 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 do so by
amending
the rule or promulgate promulgating 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 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 If 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.
(8) Except for an emergency rule promulgated under section 48,
if the federal government has mandated that this state promulgate
rules, an agency shall not promulgate or adopt a rule more
stringent than the applicable federally mandated standard unless
specifically authorized by a statute of this state.
(9) Except for an emergency rule promulgated under section 48,
if the federal government has not mandated that this state
promulgate rules, an agency shall not promulgate or adopt a rule
more stringent than the applicable federal standard unless
specifically authorized by a statute of this state.
Enacting section 1. This amendatory act takes effect February
1, 2014.