| 1 | 1 | | HOUSE BILL NO. 4039 A bill to amend 1969 PA 306, entitled "Administrative procedures act of 1969," by amending section 39 (MCL 24.239), as amended by 2011 PA 239. the people of the state of michigan enact: Sec. 39. (1) Before initiating any changes or additions to rules, an agency shall electronically file with the Michigan office of regulatory reinvention administrative hearings and rules a request for rule-making on a form and in a format manner prescribed by the Michigan office of regulatory reinvention. administrative hearings and rules. The request for rule-making shall must include the following: (a) The state or federal statutory or regulatory basis for the rule. (b) The problem the rule intends to address. (c) An assessment of the significance of the problem. (d) If applicable, the decision record. (e) If the agency proposes a new rule, a list of existing rules that will be rescinded. For each new rule that the agency proposes, at least 2 existing rules must be rescinded. (2) If an agency receives recommendations or comments by any an advisory committee or other advisory entity created by statute regarding a request for rule-making, the advisory committee or entity shall issue to the agency a decision record. (3) An agency shall not proceed with the processing of a rule outlined in this chapter unless the Michigan office of regulatory reinvention administrative hearings and rules has approved the request for rule-making. The Michigan office of administrative hearings and rules shall not approve a request for rule-making that does not comply with the requirement under subsection (1)(e). The Michigan office of regulatory reinvention administrative hearings and rules is not required to approve a request for rule-making and shall do so approve a request for rule-making only after it has indicated in its the office provides a response to the request for rule-making submitted by an agency that states that there are appropriate and necessary policy and legal bases for approving the request for rule-making. (4) The Michigan office of regulatory reinvention administrative hearings and rules shall record the receipt of all requests for rule-making on the internet and shall make electronic or paper copies of approved requests for rule-making available to members of the general public. The Michigan office of regulatory reinvention administrative hearings and rules shall issue a written or electronic response to the request for rule-making that specifically addresses whether the request has appropriate and necessary policy and legal bases for approving the request for rule-making. (5) The Michigan office of regulatory reinvention administrative hearings and rules shall immediately make available to the committee electronic copies of the request for rule-making. submitted to the office of regulatory reinvention. On a weekly basis, the Michigan office of regulatory reinvention administrative hearings and rules shall electronically provide to the committee a listing of all requests for rule-making approved or denied during the previous week. The committee shall electronically provide a copy of the approved and denied requests for rule-making, not later than the next business day after receipt of the notice from the Michigan office of regulatory reinvention, administrative hearings and rules to members the following individuals: (a) Members of the committee. and to members (b) Members of the standing committees of the senate and house of representatives that deal with the subject matter of the proposed rule.request for rule-making. |
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| 25 | 25 | | HOUSE BILL NO. 4039 |
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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 section 39 (MCL 24.239), as amended by 2011 PA 239. |
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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. 39. (1) Before initiating any changes or additions to rules, an agency shall electronically file with the Michigan office of regulatory reinvention administrative hearings and rules a request for rule-making on a form and in a format manner prescribed by the Michigan office of regulatory reinvention. administrative hearings and rules. The request for rule-making shall must include the following: |
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| 38 | 38 | | |
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| 39 | 39 | | (a) The state or federal statutory or regulatory basis for the rule. |
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| 41 | 41 | | (b) The problem the rule intends to address. |
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| 42 | 42 | | |
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| 43 | 43 | | (c) An assessment of the significance of the problem. |
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| 44 | 44 | | |
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| 45 | 45 | | (d) If applicable, the decision record. |
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| 46 | 46 | | |
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| 47 | 47 | | (e) If the agency proposes a new rule, a list of existing rules that will be rescinded. For each new rule that the agency proposes, at least 2 existing rules must be rescinded. |
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| 48 | 48 | | |
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| 49 | 49 | | (2) If an agency receives recommendations or comments by any an advisory committee or other advisory entity created by statute regarding a request for rule-making, the advisory committee or entity shall issue to the agency a decision record. |
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| 50 | 50 | | |
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| 51 | 51 | | (3) An agency shall not proceed with the processing of a rule outlined in this chapter unless the Michigan office of regulatory reinvention administrative hearings and rules has approved the request for rule-making. The Michigan office of administrative hearings and rules shall not approve a request for rule-making that does not comply with the requirement under subsection (1)(e). The Michigan office of regulatory reinvention administrative hearings and rules is not required to approve a request for rule-making and shall do so approve a request for rule-making only after it has indicated in its the office provides a response to the request for rule-making submitted by an agency that states that there are appropriate and necessary policy and legal bases for approving the request for rule-making. |
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| 52 | 52 | | |
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| 53 | 53 | | (4) The Michigan office of regulatory reinvention administrative hearings and rules shall record the receipt of all requests for rule-making on the internet and shall make electronic or paper copies of approved requests for rule-making available to members of the general public. The Michigan office of regulatory reinvention administrative hearings and rules shall issue a written or electronic response to the request for rule-making that specifically addresses whether the request has appropriate and necessary policy and legal bases for approving the request for rule-making. |
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| 54 | 54 | | |
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| 55 | 55 | | (5) The Michigan office of regulatory reinvention administrative hearings and rules shall immediately make available to the committee electronic copies of the request for rule-making. submitted to the office of regulatory reinvention. On a weekly basis, the Michigan office of regulatory reinvention administrative hearings and rules shall electronically provide to the committee a listing of all requests for rule-making approved or denied during the previous week. The committee shall electronically provide a copy of the approved and denied requests for rule-making, not later than the next business day after receipt of the notice from the Michigan office of regulatory reinvention, administrative hearings and rules to members the following individuals: |
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| 56 | 56 | | |
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| 57 | 57 | | (a) Members of the committee. and to members |
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| 58 | 58 | | |
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| 59 | 59 | | (b) Members of the standing committees of the senate and house of representatives that deal with the subject matter of the proposed rule.request for rule-making. |
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