EXECUTIVE ORGANIZATION ACT OF 1965
Act 380 of 1965
16.107 Internal organization of principal departments; executive allocation and reallocation of duties and functions; limitations; transfer of type II or type III agencies; administration; rules.
Sec. 7.
(a) Except as provided by law or within this act, the head of each principal department with the approval of the governor is authorized to establish the internal organization of his department and allocate and reallocate duties and functions to promote economic and efficient administration and operation of the department. No substantive function vested by law in any officer or agency within the principal department shall be removed from the jurisdiction of such officer or agency under the provisions of this section.
(b) Except as provided by law or within this act, when any department, commission or board or other agency is transferred by a type II or type III transfer to a principal department under the provisions of this act, the functions of the department, commission or board or other agency shall be administered under the direction and supervision of the head of the principal department. When a department, commission, board or other agency is transferred by a type II or type III transfer to a principal department all prescribed statutory functions of rule making, licensing and registration including the prescription of rules, regulations, standards and adjudications shall be transferred to the head of the principal department into which the department, commission, board or agency has been incorporated.
History: 1965, Act 380, Imd. Eff. July 23, 1965
PopularName Notes:
Act 380
Notes of Decisions
Soap & Detergent Ass'n v. Nat. Resources Comm'n, 330 N.W.2d 346 (Mich. 1982).
· cites it 4× “MCL 16.107; MSA 3.29(7). Under subsection (a), the department head is given the power to allocate functions among his agencies with the approval of the Governor, in order to promote economy and efficiency.”
Straus v. Governor, 592 N.W.2d 53 (Mich. 1999).
· cites it 2× “§ 16.107(a); MSA 3.29(7)(a), and M.C.L. § 16.”
Straus v. Governor, 583 N.W.2d 520 (Mich. Ct. App. 1998).
· cites it 2× “§ 16.107(a); M.S.A. § 3.29(7)(a), and M.C.”
House Speaker v. Governor, 491 N.W.2d 832 (Mich. Ct. App. 1992).
· cites it 2× “However, it calls for the director of the new DNR, not the NRC, to supervise and direct the functions transferred to the new DNR. In ruling on this question, the circuit court provided this apt analysis: The Order purports to continue the Natural Resources Commission as the head…”
Michigan Mut. Ins. v. Dep't of Consum. & Indus. Servs. Dir., 632 N.W.2d 500 (Mich. Ct. App. 2001).
· cites it 3× “However, although substantive functions vested by law in an agency or officer shall not be removed from that agency or officer, MCL 16.107(a), 4 under a type I transfer, the transferred body is subject to having its policies defined and its functions administered under the…”
Soap & Detergent Ass'n v. Nat. Resources Comm'n, 304 N.W.2d 267 (Mich. Ct. App. 1981).
“Second, § 7(b) of the Executive Organization Act of 1965, 1965 PA 380 , § 7(b); MCL 16.107(b); MSA 3.29(7)(b), lists rule making as a statutory function which is transferred to the head of a principal department by a type II or type III transfer.”
— Mich. Comp. Laws § 16.107(a) — 3 cases
Straus v. Governor, 592 N.W.2d 53 (Mich. 1999).
“§ 16.107(a); MSA 3.29(7)(a), and M.C.L. § 16.”
Straus v. Governor, 583 N.W.2d 520 (Mich. Ct. App. 1998).
“§ 16.107(a); M.S.A. § 3.29(7)(a), and M.C.”
Michigan Mut. Ins. v. Dep't of Consum. & Indus. Servs. Dir., 632 N.W.2d 500 (Mich. Ct. App. 2001).
“However, although substantive functions vested by law in an agency or officer shall not be removed from that agency or officer, MCL 16.107(a), 4 under a type I transfer, the transferred body is subject to having its policies defined and its functions administered under the…”
— Mich. Comp. Laws § 16.107(b) — 3 cases
Soap & Detergent Ass'n v. Nat. Resources Comm'n, 330 N.W.2d 346 (Mich. 1982).
“MCL 16.107; MSA 3.29(7). Under subsection (a), the department head is given the power to allocate functions among his agencies with the approval of the Governor, in order to promote economy and efficiency.”
House Speaker v. Governor, 491 N.W.2d 832 (Mich. Ct. App. 1992).
“However, it calls for the director of the new DNR, not the NRC, to supervise and direct the functions transferred to the new DNR. In ruling on this question, the circuit court provided this apt analysis: The Order purports to continue the Natural Resources Commission as the head…”
Soap & Detergent Ass'n v. Nat. Resources Comm'n, 304 N.W.2d 267 (Mich. Ct. App. 1981).
“Second, § 7(b) of the Executive Organization Act of 1965, 1965 PA 380 , § 7(b); MCL 16.107(b); MSA 3.29(7)(b), lists rule making as a statutory function which is transferred to the head of a principal department by a type II or type III transfer.”
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