EXECUTIVE ORGANIZATION ACT OF 1965
Act 380 of 1965
16.104 Principal departments.
Sec. 4.
Except as otherwise provided by this act, or the state constitution, all executive and administrative powers, duties, and functions, excepting those of the legislature and the judiciary, previously vested by law in the several state departments, commissions, boards, officers, bureaus, divisions, or other agencies are vested in the following principal departments:
(1) Department of State
(2) Department of Attorney General
(3) Department of Treasury
(4) Department of Management and Budget
(5) Department of State Police
(6) Department of Military Affairs
(7) Department of Agriculture
(8) Department of Civil Service
(9) Department of Commerce
(10) Department of Natural Resources
(11) Department of Corrections
(12) Department of Education
(13) Department of Licensing and Regulation
(14) If section 28 of article 5 of the state constitution of 1963 is amended to provide for changing the name of the state highway department to the department of transportation. However, until section 28 of article 5 is amended in the manner described in this section, the name of the department shall be the Department of State Highways and Transportation.
(15) Department of Labor
(16) Department of Mental Health
(17) Department of Public Health
(18) Department of Social Services
(19) Department of Civil Rights
History: 1965, Act 380, Imd. Eff. July 23, 1965 ;-- Am. 1968, Act 353, Eff. Nov. 15, 1968 ;-- Am. 1973, Act 127, Imd. Eff. Aug. 22, 1973 ;-- Am. 1978, Act 483, Imd. Eff. Dec. 1, 1978
PopularName Notes:
Act 380
Notes of Decisions
Michigan Chamber of Com. v. Land, 725 F. Supp. 2d 665 (W.D. Mich. 2010).
· cites it 2× “5 § 3, which is one of the principal departments in the Executive Branch of state government, see Mich. Comp. Laws § 16.104 (1). Under the MCFA and the Administrative Procedures Act, the Secretary has the authority to issue "a declaratory ruling as to the applicability to an…”
Bridgewater v. Mich. Gaming Control Bd., 282 F. Supp. 3d 985 (E.D. Mich. 2017).
· cites it 2× “Mich. Comp. Laws § 16.104 . The Department of Treasury is named among those enumerated principal departments; the Michigan Gaming Control Board is not.”
Davis v. Dep't of Corr., 651 N.W.2d 486 (Mich. Ct. App. 2002).
“MCL 16.104. The Civil Service Commission was enabled by a type I 2 transfer of powers to itself with all the “powers, duties and functions vested by the constitution or by law .”
Ammend v. BioPort, Inc., 322 F. Supp. 2d 848 (W.D. Mich. 2004).
“§ 16.104. A state statute authorized the MDPH to “develop and produce pharmaceutical, biologic, and diagnostic products and by-products for human, *858 veterinary, or agricultural use for distribution or sale outside this state for both public and private use.”
Michigan Council of Trout Unlimited v. Dep't of Military Affairs, 539 N.W.2d 745 (Mich. Ct. App. 1995).
“agency [or] department,” noting that the department is created and organized pursuant to Const 1963, art 3, § 4 and MCL 16.104; MSA 3.29(4). Plaintiffs contend that the documents requested from defendant are "public records” within the meaning of §§ 2(c) and (e) of the mfoia,…”
Livingston Cnty. Bd. of Soc. Servs. v. Dep't of Soc. Servs., 529 N.W.2d 308 (Mich. Ct. App. 1995).
“Further, the "powers, duties and functions” of the Department of Social Welfare, as created by 1939 PA 280 , were transferred to the newly created dss. MCL 16.552; MSA 3.29(452). At the time of the Executive Organization Act, the power of the county social welfare boards to…”
David Nursing Home v. Michigan Dep't of Soc. Servs., 579 F. Supp. 285 (E.D. Mich. 1984).
“§ 16.104(18) and M.C.L.A. § 16.550. The plaintiff has already secured the state court’s order that the defendant be restrained from terminating the plaintiff’s provider agreement or Medicaid payments pursuant thereto.”
House Speaker v. Governor, 491 N.W.2d 832 (Mich. Ct. App. 1992).
“MCL 16.104; MSA 3.29(4). In ruling that the Governor exceeded his authority in creating a new Department of Natural Resources, the circuit court found he violated the separation of powers doctrine.”
Michigan Mut. Ins. v. Dep't of Consum. & Indus. Servs. Dir., 632 N.W.2d 500 (Mich. Ct. App. 2001).
“See MCL 16.104. After establishing the principal departments, the Legislature transferred various bureaus, boards, commissions, and agencies into one of the nineteen departments using three types of transfers: type I, type II, and type III.”
— Mich. Comp. Laws § 16.104(1) — 2 cases
— Mich. Comp. Laws § 16.104(10) — 1 case
— Mich. Comp. Laws § 16.104(18) — 2 cases
Livingston Cnty. Bd. of Soc. Servs. v. Dep't of Soc. Servs., 529 N.W.2d 308 (Mich. Ct. App. 1995).
“Further, the "powers, duties and functions” of the Department of Social Welfare, as created by 1939 PA 280 , were transferred to the newly created dss. MCL 16.552; MSA 3.29(452). At the time of the Executive Organization Act, the power of the county social welfare boards to…”
David Nursing Home v. Michigan Dep't of Soc. Servs., 579 F. Supp. 285 (E.D. Mich. 1984).
“§ 16.104(18) and M.C.L.A. § 16.550. The plaintiff has already secured the state court’s order that the defendant be restrained from terminating the plaintiff’s provider agreement or Medicaid payments pursuant thereto.”
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