February 25, 2015, Introduced by Rep. Farrington 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 must 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 must 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 must fully identify the adopted
matter
by date and otherwise. The reference shall must 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 must 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
must 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 agency shall not give 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 must 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, after December 31, 2018, 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, after December 31, 2018, 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 January
1, 2019.