| 1 | 1 | | HOUSE BILL NO. 5668 A bill to amend 1969 PA 306, entitled "Administrative procedures act of 1969," by amending sections 8 and 31 (MCL 24.208 and 24.231), section 8 as amended by 2004 PA 23 and section 31 as amended by 1989 PA 288, and by adding section 47a. the people of the state of michigan enact: Sec. 8. (1) The Michigan office of regulatory reform administrative hearings and rules shall publish the Michigan register Register at least once each month. The Michigan register shall Register must contain all of the following: (a) Executive orders and executive reorganization orders. (b) On a cumulative basis, the numbers and subject matter of the enrolled senate and house of representatives bills signed into law by the governor during the calendar year and the corresponding public act numbers. (c) On a cumulative basis, the numbers and subject matter of the enrolled senate and house of representatives bills vetoed by the governor during the calendar year. (d) Proposed administrative rules. (e) Notices of public hearings on proposed administrative rules. (f) Administrative rules filed with the secretary of state. (g) Emergency rules filed with the secretary of state. (h) Notice of proposed and adopted agency guidelines. (i) Other official information considered necessary or appropriate by the Michigan office of regulatory reform.administrative hearings and rules. (j) Attorney general opinions. (k) All of the items listed in section 7(m) after final approval by the certificate of need commission under section 22215 of the public health code, 1978 PA 368, MCL 333.22215. (l) The rule review list described under section 47a(2). (m) The notice of deficient report described under section 47a(7). (2) The Michigan office of regulatory reform administrative hearings and rules shall publish a cumulative index for the Michigan register.Register. (3) The Michigan register shall Register must be available for public subscription at a fee reasonably calculated to cover publication and distribution costs. (4) If publication of an agency's proposed rule or guideline or an item described in subsection (1)(k) would be unreasonably expensive or lengthy, the Michigan office of regulatory reform administrative hearings and rules may publish a brief synopsis of the proposed rule or guideline or item described in subsection (1)(k), including information on how to obtain a complete copy of the proposed rule or guideline or item described in subsection (1)(k) from the agency at no cost. (5) An agency shall electronically transmit a copy of the proposed rules and notice of public hearing to the Michigan office of regulatory reform administrative hearings and rules for publication in the Michigan register.Register. Sec. 31. (1) Rules which 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 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 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. (6) A rule is automatically rescinded under section 47a(7) when the Michigan office of administrative hearings and rules provides notice to the secretary of state. Sec. 47a.(1) By January 31, 2025, and by each January 31 thereafter, each agency that has promulgated rules or that is the successor to an agency that promulgated rules shall select for review 20% of those rules currently in effect and submit a list of the selected rules to the Michigan office of administrative hearings and rules. Each rule must be reviewed at least once every 5 years. (2) Using the lists submitted under subsection (1), the Michigan office of administrative hearings and rules shall publish a rule review list in the Michigan Register under section 8. The rule review list must include all of the following information: (a) All the rules being reviewed. (b) A statement that a person may submit to the agency that promulgated the rule any comments concerning the rule being reviewed within 60 days after the rule review list is published in the Michigan Register. Each comment filed must contain the following information: (i) The name of the person submitting the comment. (ii) A specification of the rule or rules being commented on. (iii) Any views or arguments regarding the rule or rules being commented on. (c) The address to which written comments may be sent and the date by which comments must be mailed or electronically submitted. (3) The comments submitted under subsection (2)(b) must be submitted to the agency that promulgated the rule or rules the comment is concerning. (4) By January 31 in the year following the year the rule review list under subsection (2) was published in the Michigan Register, each agency shall prepare and submit a rule report that contains all of the following information: (a) Whether each rule is necessary, outdated, or duplicative. (b) Whether a less restrictive, more narrowly tailored, or alternative rule could adequately accomplish the same purpose. (c) Whether each rule should be updated or rescinded. (d) The fiscal impact of each rule on the agency that promulgated the rule. (e) The fiscal impact of each rule on businesses and individuals, as applicable, including whether the rule has a disproportionate impact on businesses of a certain size, within a certain industry, or in a certain geographic area or areas of this state. (f) The fiscal impact of the rule on local governments. (g) A list of the comments received under subsection (2)(b) and the agency's response to each comment, as applicable. (h) Whether the legislature explicitly delegated statutory authority for promulgating the rule. (i) If the legislature delegated statutory authority under subdivision (h), if the statutory delegation is general or specific and mandatory or permissive. (j) Whether each rule has caused wage loss, job loss, or a restriction on jobs in high need fields. As used in this subdivision, "high need fields" means those jobs in essential industries as identified through the future for frontliners program operated by the department of labor and economic opportunity. (5) The rule report under subsection (4) must be made available on the agency's website and provided to all of the following: (a) The committee. (b) The governor. (c) The standing committees of the senate and house of representatives with primary responsibilities for issues pertaining to the agency. (d) The auditor general. (e) The appropriations committees of the senate and house of representatives. (f) The appropriations subcommittees with primary responsibilities for issues pertaining to the agency. (6) The committee shall electronically provide a copy of the rule report under subsection (4) not later than the next business day after receipt of the rule report from the agency, to the members of the committee. (7) If an agency fails to include in the rule report under subsection (4) a rule that was subject to review, within 14 days, the committee shall notify the Michigan office of administrative hearings and rules of the deficient report. The Michigan office of administrative hearings and rules shall publish a notice of deficient report in the Michigan Register under section 8. Within 14 days after the notice of deficient report is published, the agency that submitted the deficient report shall submit a new report, in the same manner as described under subsections (4) and (5), that corrects the deficiencies. If the agency fails to submit a new report, within 60 days after the notice of deficient report is published, any rule that was not included in the report and was not corrected in a new report is automatically rescinded. The Michigan office of administrative hearings and rules shall provide notice to the secretary of state of any rule that is rescinded under this subsection. (8) By January 15, 2027, and by each January 15 thereafter, the auditor general shall conduct a performance audit of and provide a performance report on any rule report submitted under subsection (4). The performance report must be submitted to the governor, the leadership of the senate and house of representatives, the committee, all standing committees, the appropriations committees of the senate and house of representatives, and the public by posting the report on the auditor general's website. The performance report must contain all of the following information: (a) Whether the department reviewed all required rules. (b) Whether the department's findings regarding statutory delegation of authority on each rule were correct. (c) Whether or not the department's recission of duplicative, outdated, or unnecessary rules was timely. (d) Any other information that is relevant to help the legislature determine whether the regulatory review process is working efficiently and effectively. |
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| 25 | 25 | | HOUSE BILL NO. 5668 |
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| 26 | 26 | | |
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| 27 | 27 | | |
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| 28 | 28 | | |
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| 29 | 29 | | A bill to amend 1969 PA 306, entitled |
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| 30 | 30 | | |
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| 31 | 31 | | "Administrative procedures act of 1969," |
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| 32 | 32 | | |
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| 33 | 33 | | by amending sections 8 and 31 (MCL 24.208 and 24.231), section 8 as amended by 2004 PA 23 and section 31 as amended by 1989 PA 288, and by adding section 47a. |
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| 34 | 34 | | |
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| 35 | 35 | | the people of the state of michigan enact: |
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| 36 | 36 | | |
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| 37 | 37 | | Sec. 8. (1) The Michigan office of regulatory reform administrative hearings and rules shall publish the Michigan register Register at least once each month. The Michigan register shall Register must contain all of the following: |
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| 38 | 38 | | |
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| 39 | 39 | | (a) Executive orders and executive reorganization orders. |
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| 40 | 40 | | |
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| 41 | 41 | | (b) On a cumulative basis, the numbers and subject matter of the enrolled senate and house of representatives bills signed into law by the governor during the calendar year and the corresponding public act numbers. |
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| 42 | 42 | | |
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| 43 | 43 | | (c) On a cumulative basis, the numbers and subject matter of the enrolled senate and house of representatives bills vetoed by the governor during the calendar year. |
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| 44 | 44 | | |
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| 45 | 45 | | (d) Proposed administrative rules. |
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| 46 | 46 | | |
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| 47 | 47 | | (e) Notices of public hearings on proposed administrative rules. |
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| 48 | 48 | | |
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| 49 | 49 | | (f) Administrative rules filed with the secretary of state. |
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| 50 | 50 | | |
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| 51 | 51 | | (g) Emergency rules filed with the secretary of state. |
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| 52 | 52 | | |
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| 53 | 53 | | (h) Notice of proposed and adopted agency guidelines. |
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| 54 | 54 | | |
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| 55 | 55 | | (i) Other official information considered necessary or appropriate by the Michigan office of regulatory reform.administrative hearings and rules. |
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| 56 | 56 | | |
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| 57 | 57 | | (j) Attorney general opinions. |
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| 58 | 58 | | |
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| 59 | 59 | | (k) All of the items listed in section 7(m) after final approval by the certificate of need commission under section 22215 of the public health code, 1978 PA 368, MCL 333.22215. |
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| 60 | 60 | | |
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| 61 | 61 | | (l) The rule review list described under section 47a(2). |
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| 62 | 62 | | |
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| 63 | 63 | | (m) The notice of deficient report described under section 47a(7). |
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| 64 | 64 | | |
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| 65 | 65 | | (2) The Michigan office of regulatory reform administrative hearings and rules shall publish a cumulative index for the Michigan register.Register. |
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| 66 | 66 | | |
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| 67 | 67 | | (3) The Michigan register shall Register must be available for public subscription at a fee reasonably calculated to cover publication and distribution costs. |
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| 68 | 68 | | |
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| 69 | 69 | | (4) If publication of an agency's proposed rule or guideline or an item described in subsection (1)(k) would be unreasonably expensive or lengthy, the Michigan office of regulatory reform administrative hearings and rules may publish a brief synopsis of the proposed rule or guideline or item described in subsection (1)(k), including information on how to obtain a complete copy of the proposed rule or guideline or item described in subsection (1)(k) from the agency at no cost. |
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| 70 | 70 | | |
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| 71 | 71 | | (5) An agency shall electronically transmit a copy of the proposed rules and notice of public hearing to the Michigan office of regulatory reform administrative hearings and rules for publication in the Michigan register.Register. |
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| 72 | 72 | | |
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| 73 | 73 | | Sec. 31. (1) Rules which became effective before July 1, 1970 continue in effect until amended or rescinded. |
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| 74 | 74 | | |
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| 75 | 75 | | (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 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. |
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| 76 | 76 | | |
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| 77 | 77 | | (3) The rescission of a rule does not revive a rule which was previously rescinded. |
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| 78 | 78 | | |
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| 79 | 79 | | (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. |
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| 80 | 80 | | |
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| 81 | 81 | | (5) Except in the case of the amendment of rules concerning inmates as described in section 7(k), 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. |
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| 82 | 82 | | |
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| 83 | 83 | | (6) A rule is automatically rescinded under section 47a(7) when the Michigan office of administrative hearings and rules provides notice to the secretary of state. |
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| 84 | 84 | | |
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| 85 | 85 | | Sec. 47a.(1) By January 31, 2025, and by each January 31 thereafter, each agency that has promulgated rules or that is the successor to an agency that promulgated rules shall select for review 20% of those rules currently in effect and submit a list of the selected rules to the Michigan office of administrative hearings and rules. Each rule must be reviewed at least once every 5 years. |
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| 86 | 86 | | |
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| 87 | 87 | | (2) Using the lists submitted under subsection (1), the Michigan office of administrative hearings and rules shall publish a rule review list in the Michigan Register under section 8. The rule review list must include all of the following information: |
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| 88 | 88 | | |
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| 89 | 89 | | (a) All the rules being reviewed. |
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| 90 | 90 | | |
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| 91 | 91 | | (b) A statement that a person may submit to the agency that promulgated the rule any comments concerning the rule being reviewed within 60 days after the rule review list is published in the Michigan Register. Each comment filed must contain the following information: |
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| 92 | 92 | | |
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| 93 | 93 | | (i) The name of the person submitting the comment. |
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| 94 | 94 | | |
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| 95 | 95 | | (ii) A specification of the rule or rules being commented on. |
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| 96 | 96 | | |
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| 97 | 97 | | (iii) Any views or arguments regarding the rule or rules being commented on. |
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| 98 | 98 | | |
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| 99 | 99 | | (c) The address to which written comments may be sent and the date by which comments must be mailed or electronically submitted. |
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| 100 | 100 | | |
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| 101 | 101 | | (3) The comments submitted under subsection (2)(b) must be submitted to the agency that promulgated the rule or rules the comment is concerning. |
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| 102 | 102 | | |
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| 103 | 103 | | (4) By January 31 in the year following the year the rule review list under subsection (2) was published in the Michigan Register, each agency shall prepare and submit a rule report that contains all of the following information: |
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| 104 | 104 | | |
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| 105 | 105 | | (a) Whether each rule is necessary, outdated, or duplicative. |
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| 106 | 106 | | |
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| 107 | 107 | | (b) Whether a less restrictive, more narrowly tailored, or alternative rule could adequately accomplish the same purpose. |
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| 108 | 108 | | |
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| 109 | 109 | | (c) Whether each rule should be updated or rescinded. |
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| 110 | 110 | | |
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| 111 | 111 | | (d) The fiscal impact of each rule on the agency that promulgated the rule. |
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| 112 | 112 | | |
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| 113 | 113 | | (e) The fiscal impact of each rule on businesses and individuals, as applicable, including whether the rule has a disproportionate impact on businesses of a certain size, within a certain industry, or in a certain geographic area or areas of this state. |
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| 114 | 114 | | |
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| 115 | 115 | | (f) The fiscal impact of the rule on local governments. |
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| 116 | 116 | | |
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| 117 | 117 | | (g) A list of the comments received under subsection (2)(b) and the agency's response to each comment, as applicable. |
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| 118 | 118 | | |
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| 119 | 119 | | (h) Whether the legislature explicitly delegated statutory authority for promulgating the rule. |
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| 120 | 120 | | |
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| 121 | 121 | | (i) If the legislature delegated statutory authority under subdivision (h), if the statutory delegation is general or specific and mandatory or permissive. |
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| 122 | 122 | | |
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| 123 | 123 | | (j) Whether each rule has caused wage loss, job loss, or a restriction on jobs in high need fields. As used in this subdivision, "high need fields" means those jobs in essential industries as identified through the future for frontliners program operated by the department of labor and economic opportunity. |
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| 124 | 124 | | |
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| 125 | 125 | | (5) The rule report under subsection (4) must be made available on the agency's website and provided to all of the following: |
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| 126 | 126 | | |
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| 127 | 127 | | (a) The committee. |
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| 128 | 128 | | |
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| 129 | 129 | | (b) The governor. |
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| 130 | 130 | | |
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| 131 | 131 | | (c) The standing committees of the senate and house of representatives with primary responsibilities for issues pertaining to the agency. |
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| 132 | 132 | | |
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| 133 | 133 | | (d) The auditor general. |
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| 134 | 134 | | |
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| 135 | 135 | | (e) The appropriations committees of the senate and house of representatives. |
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| 136 | 136 | | |
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| 137 | 137 | | (f) The appropriations subcommittees with primary responsibilities for issues pertaining to the agency. |
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| 138 | 138 | | |
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| 139 | 139 | | (6) The committee shall electronically provide a copy of the rule report under subsection (4) not later than the next business day after receipt of the rule report from the agency, to the members of the committee. |
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| 140 | 140 | | |
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| 141 | 141 | | (7) If an agency fails to include in the rule report under subsection (4) a rule that was subject to review, within 14 days, the committee shall notify the Michigan office of administrative hearings and rules of the deficient report. The Michigan office of administrative hearings and rules shall publish a notice of deficient report in the Michigan Register under section 8. Within 14 days after the notice of deficient report is published, the agency that submitted the deficient report shall submit a new report, in the same manner as described under subsections (4) and (5), that corrects the deficiencies. If the agency fails to submit a new report, within 60 days after the notice of deficient report is published, any rule that was not included in the report and was not corrected in a new report is automatically rescinded. The Michigan office of administrative hearings and rules shall provide notice to the secretary of state of any rule that is rescinded under this subsection. |
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| 142 | 142 | | |
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| 143 | 143 | | (8) By January 15, 2027, and by each January 15 thereafter, the auditor general shall conduct a performance audit of and provide a performance report on any rule report submitted under subsection (4). The performance report must be submitted to the governor, the leadership of the senate and house of representatives, the committee, all standing committees, the appropriations committees of the senate and house of representatives, and the public by posting the report on the auditor general's website. The performance report must contain all of the following information: |
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| 144 | 144 | | |
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| 145 | 145 | | (a) Whether the department reviewed all required rules. |
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| 146 | 146 | | |
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| 147 | 147 | | (b) Whether the department's findings regarding statutory delegation of authority on each rule were correct. |
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| 148 | 148 | | |
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| 149 | 149 | | (c) Whether or not the department's recission of duplicative, outdated, or unnecessary rules was timely. |
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| 150 | 150 | | |
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| 151 | 151 | | (d) Any other information that is relevant to help the legislature determine whether the regulatory review process is working efficiently and effectively. |
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