March 30, 2006, Introduced by Reps. Baxter, Taub, Robertson, Gosselin, Farhat, Booher, LaJoy, Elsenheimer, Pastor, Palsrok, Stakoe, Hildenbrand, Moore, Wenke, Stahl, Nofs, Stewart, Newell, Brandenburg, Caswell, Hummel, Kahn, David Law, Mortimer, Ball, Schuitmaker, Drolet, Palmer, Huizenga, Hoogendyk, Ward, Jones, Green, Caul, Marleau, Pavlov, Vander Veen, Garfield, Kooiman, Acciavatti, Amos and Moolenaar and referred to the Committee on Commerce.
A bill to amend 1969 PA 306, entitled
"Administrative procedures act of 1969,"
by amending sections 26 and 63 (MCL 24.226 and 24.263).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 26. (1) An agency shall not adopt a guideline, bulletin,
interpretive statement, or form with instructions in lieu of a
rule.
(2) A guideline, bulletin, interpretive statement, declaratory
ruling, or form with instructions shall not be given the force and
effect of law by the agency and is considered merely advisory. An
agency shall not rely upon a guideline, bulletin, interpretive
statement, declaratory ruling, or form with instructions to support
an 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, bulletin, interpretive statement, declaratory ruling, or
form with instructions to uphold such an agency decision.
Sec. 63. (1) On request of an interested person, an agency may
issue a declaratory ruling as to the applicability to an actual
state of facts of a statute administered by the agency or of a rule
or order of the agency. An agency shall prescribe by rule the form
for such a request and procedure for its submission, consideration,
and disposition. A declaratory ruling is binding on the agency and
the person requesting it unless it is altered or set aside by any
court. An agency may not retroactively change a declaratory ruling
,
but nothing in except that this subsection prevents does not
prevent an agency from prospectively changing a declaratory ruling.
A declaratory ruling is subject to judicial review in the same
manner as an agency final decision or order in a contested case.
(2) In issuing orders, bulletins, guidelines, interpretive
statements, declaratory rulings, and forms with instructions and in
construing, implementing, and enforcing the requirements of the
law, an agency shall at all times give due consideration to
reducing the adverse impact its orders, bulletins, guidelines,
interpretive statements, declaratory rulings, and forms with
instructions may have on the development and growth in this state
of small businesses to the end of encouraging and fostering the
growth of small businesses and the elimination of unnecessary
regulatory burdens for smaller businesses.