Michigan Compiled Laws

Mich. Comp. Laws § 24.207 (2026)

"Rule" defined.

✓ current as of July 2026

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ADMINISTRATIVE PROCEDURES ACT OF 1969

Act 306 of 1969

24.207 "Rule" defined.

Sec. 7.

"Rule" means an agency regulation, statement, standard, policy, ruling, or instruction of general applicability that implements or applies law enforced or administered by the agency, or that prescribes the organization, procedure, or practice of the agency, including the amendment, suspension, or rescission of the law enforced or administered by the agency. Rule does not include any of the following:

(a) A resolution or order of the state administrative board.

(b) A formal opinion of the attorney general.

(d) A rule or order pertaining to game and fish and promulgated under parts 401, 411, and 487 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.40101 to 324.40120, 324.41101 to 324.41105, and 324.48701 to 324.48740.

(e) A rule relating to the use of streets or highways, the substance of which is indicated to the public by means of signs or signals.

(f) A determination, decision, or order in a contested case.

(g) An intergovernmental, interagency, or intra-agency memorandum, directive, or communication that does not affect the rights of, or procedures and practices available to, the public.

(h) A form with instructions, an interpretive statement, a guideline, an informational pamphlet, or other material that in itself does not have the force and effect of law but is merely explanatory.

(i) A declaratory ruling or other disposition of a particular matter as applied to a specific set of facts involved.

(j) A decision by an agency to exercise or not to exercise a permissive statutory power, although private rights or interests are affected.

(k) Unless another statute requires a rule to be promulgated under this act, a rule or policy that only concerns the inmates of a state correctional facility and does not directly affect other members of the public, except that a rule that only concerns inmates that was promulgated before December 4, 1986, is a rule and remains in effect until rescinded but shall not be amended. As used in this subdivision, "state correctional facility" means a facility or institution that houses an inmate population under the jurisdiction of the department of corrections.

(l) A rule establishing special local watercraft controls promulgated under former 1967 PA 303. A rule described in this subdivision may be rescinded as provided in section 80113(2) of the natural resources and environmental protection act, 1994 PA 451, MCL 324.80113.

(m) All of the following, after final approval by the certificate of need commission under section 22215 of the public health code, 1978 PA 368, MCL 333.22215, or the statewide health coordinating council under former section 22217 of the public health code, 1978 PA 368:

(i) The designation, deletion, or revision of covered medical equipment and covered clinical services.

(ii) Certificate of need review standards.

(iii) Data reporting requirements and criteria for determining health facility viability.

(iv) Standards used by the department of health and human services in designating a regional certificate of need review agency.

(v) The modification of the 100 licensed bed limitation for extended care services programs set forth in section 22210 of the public health code, 1978 PA 368, MCL 333.22210.

(n) A policy developed by the department of health and human services under section 6(3) of the social welfare act, 1939 PA 280, MCL 400.6, setting income and asset limits, types of income and assets to be considered for eligibility, and payment standards for administration of assistance programs under that act.

(o) A policy developed by the department of health and human services under section 6(4) of the social welfare act, 1939 PA 280, MCL 400.6, to implement requirements that are mandated by federal statute or regulations as a condition of receipt of federal funds.

(p) The provisions of an agency's contract with a public or private entity including, but not limited to, the provisions of an agency's standard form contract.

(q) A policy developed by the department of health and human services under the authority granted in section 111a of the social welfare act, 1939 PA 280, MCL 400.111a, to implement policies and procedures necessary to operate its health care programs in accordance with an approved state plan or in compliance with state statute.

(r) A minimum standard approved or established under authority granted by the Michigan indigent defense commission act, 2013 PA 93, MCL 780.981 to 780.1003.

(s) Scoring criteria and the definitions of overburdened community and significantly overburdened community developed by the department of environment, Great Lakes, and energy under the authority granted under parts 53 and 54 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.5301 to 324.5316 and 324.5401 to 324.5418.

History: 1969, Act 306, Eff. July 1, 1970 ;-- Am. 1986, Act 243, Imd. Eff. Dec. 4, 1986 ;-- Am. 1988, Act 333, Imd. Eff. Sept. 30, 1988 ;-- Am. 1988, Act 363, Imd. Eff. Dec. 16, 1988 ;-- Am. 1989, Act 288, Imd. Eff. Dec. 26, 1989 ;-- Am. 1995, Act 224, Eff. Mar. 28, 1996 ;-- Am. 1996, Act 489, Eff. Mar. 31, 1997 ;-- Am. 1999, Act 262, Eff. Apr. 1, 2000 ;-- Am. 2000, Act 216, Imd. Eff. June 27, 2000 ;-- Am. 2011, Act 52, Imd. Eff. June 8, 2011 ;-- Am. 2016, Act 444, Imd. Eff. Jan. 4, 2017 ;-- Am. 2022, Act 134, Imd. Eff. June 30, 2022

AdminRule Notes:

R 791.1101 et seq. of the Michigan Administrative Code.

PopularName Notes:

Act 306

PopularName Notes:

APA

Notes of Decisions

Cited in 117 cases (15 in the last 5 years), 1972–2026 · leading case: Clonlara, Inc v. State Bd. of Educ., 501 N.W.2d 88 (Mich. 1993).

Sort: Relevance Newest Treatment

Clonlara, Inc v. State Bd. of Educ., 501 N.W.2d 88 (Mich. 1993). · cites it 14× “[MCL 24.207; MSA 3.560(107).] *258 On the other hand, the Legislature, recognizing that administrative agencies must be permitted sufficient flexibility to effectively execute the law, exempted from the definition of a rule, inter alia, interagency memoranda, MCL 24.”

Jordan v. Dep't of Corr., 418 N.W.2d 914 (Mich. Ct. App. 1987). · cites it 14× “(h) A form with instructions, an interpretive statement, a guideline, an informational pamphlet or other material which in itself does not have the force and effect of law but is merely explanatory.”

Martin v. Dep't of Corr., 364 N.W.2d 322 (Mich. Ct. App. 1985). · cites it 14× “" MCL 24.207; MSA 3.560(107). The defendant has indeed heeded the above statutory mandates by promulgating some general rules pursuant to the APA which do affect only inmates.”

Martin v. Dep't of Corr., 384 N.W.2d 392 (Mich. 1986). · cites it 8× “[MCL 24.207(g); MSA 3.560(107)(g).] The narrow question we decide today is whether, in granting summary judgment, the trial court correctly held that inmates are not members of the "public" for purposes of the APA, and the department thus acted with proper authority; or whether…”

Greenfield Constr. Co. v. Dep't of State Highways, 261 N.W.2d 718 (Mich. 1978). · cites it 6× “" MCLA 24.207; MSA 3.560(107). Section 1.04.”

By Lo Oil Co. v. Dep't of Treasury, 703 N.W.2d 822 (Mich. Ct. App. 2005). · cites it 3× “THE ADMINISTRATIVE PROCEDURES ACT Plaintiff also argues that the trial court erred by not finding that RAB 91-12 was a “rule” as defined in § 7 of the APA, MCL 24.207, and therefore invalid and unenforceable because it was not promulgated according to the procedure dictated by…”

Thompson v. Dep't of Corr., 371 N.W.2d 472 (Mich. Ct. App. 1985). · cites it 8× “Plaintiff claimed that, as a result of his "middle risk" status, he did not qualify for community placement programs. The circuit judge agreed with defendant's argument that the directive is not a "rule" which must be promulgated pursuant to the Administrative Procedures Act…”

Blank v. Dep't of Corr., 611 N.W.2d 530 (Mich. 2000). · cites it 4× “While it would it would seem self-evident that running a prison would necessarily require setting some internally enforceable "rules" with regard to visitation, which may not be on par with administrative rules as defined by the APA, see M.”

Detroit Base Coalition for the Human Rights of the Handicapped v. Dep't of Soc. Servs., 428 N.W.2d 335 (Mich. 1988). · cites it 4× “[MCL 24.207; MSA 3.560(107). Emphasis added.”

Ass'n of Bus. Advocating Tariff Equity v. Mich. Pub. Serv. Comm'n, Consumers Energy Co. (In Re For), 926 N.W.2d 584 (Mich. Ct. App. 2018). · cites it 5× “" MCL 24.207. An agency should resort to formal APA rulemaking when establishing policies that "do not merely interpret or explain the statute or *233 rules from which the agency derives its authority," but rather "establish the substantive standards implementing the program.”

Faircloth v. Fam. Indep. Agency, 591 N.W.2d 314 (Mich. Ct. App. 1999). · cites it 4× “" The statute further provides, however, that a "rule" does not include, among other enumerated exceptions, "[a] form with instructions, an interpretive statement, a guideline, an informational pamphlet, or other material that in itself does not have the force and effect of law…”

Am. Fed'n of State, Cnty. & Mun. Employees v. Dep't of Mental Health, 550 N.W.2d 190 (Mich. 1996). · cites it 6× “§ 24.207; M.S.A. § 3.560(107). Many provisions of the standard form contract set forth the department's standards and policy concerning the care administered in group homes in the state.”

Show all 117 citing cases →

— Mich. Comp. Laws § 24.207(1) — 1 case

Bio-Magnetic Resonance, Inc v. Dep't of Pub. Health, 593 N.W.2d 641 (Mich. Ct. App. 1999).

— Mich. Comp. Laws § 24.207(a) — 1 case

a Clean Cigarette Corp v. Governor (Mich. Ct. App. 2020).

— Mich. Comp. Laws § 24.207(b) — 1 case

20230126_C362271_63_362271C1.Opn.Pdf (Mich. Ct. App. 2023).

— Mich. Comp. Laws § 24.207(c) — 7 cases

Ass'n of Bus. Advocating Tariff Equity v. Mich. Pub. Serv. Comm'n, Consumers Energy Co. (In Re For), 926 N.W.2d 584 (Mich. Ct. App. 2018). “" MCL 24.207. An agency should resort to formal APA rulemaking when establishing policies that "do not merely interpret or explain the statute or *233 rules from which the agency derives its authority," but rather "establish the substantive standards implementing the program.”

Michigan Farm Bureau v. Bureau of Workmen's Comp., 289 N.W.2d 699 (Mich. 1980).

Am. Way Life Ins. Co. v. Ins. Comm'r, 345 N.W.2d 634 (Mich. Ct. App. 1983).

League Gen. Ins. v. Catastrophic Claims Ass'n, 418 N.W.2d 708 (Mich. Ct. App. 1987).

Am. Way Life Ins. v. Comm'r of Ins., 345 N.W.2d 634 (Mich. Ct. App. 1983).

— Mich. Comp. Laws § 24.207(d) — 1 case

Binsfeld v. Dep't of Nat. Resources, 434 N.W.2d 245 (Mich. Ct. App. 1988).

— Mich. Comp. Laws § 24.207(f) — 15 cases

Midland Cogeneration Venture Ltd. P'ship v. Pub. Serv. Comm'n, 501 N.W.2d 573 (Mich. Ct. App. 1993).

Michigan Ass'n of Home Builders v. Dep't of Labor & Econ. Growth Dir., 750 N.W.2d 593 (Mich. 2008).

Detroit Edison Co. v. Pub. Serv. Comm'n No. 1, 680 N.W.2d 512 (Mich. Ct. App. 2004).

Ins. Inst. v. Com'r, Fin. & Ins., 785 N.W.2d 67 (Mich. 2010).

— Mich. Comp. Laws § 24.207(g) — 12 cases

Martin v. Dep't of Corr., 384 N.W.2d 392 (Mich. 1986). “[MCL 24.207(g); MSA 3.560(107)(g).] The narrow question we decide today is whether, in granting summary judgment, the trial court correctly held that inmates are not members of the "public" for purposes of the APA, and the department thus acted with proper authority; or whether…”

Jordan v. Dep't of Corr., 418 N.W.2d 914 (Mich. Ct. App. 1987). “(h) A form with instructions, an interpretive statement, a guideline, an informational pamphlet or other material which in itself does not have the force and effect of law but is merely explanatory.”

Martin v. Dep't of Corr., 364 N.W.2d 322 (Mich. Ct. App. 1985). “" MCL 24.207; MSA 3.560(107). The defendant has indeed heeded the above statutory mandates by promulgating some general rules pursuant to the APA which do affect only inmates.”

Thompson v. Dep't of Corr., 371 N.W.2d 472 (Mich. Ct. App. 1985). “Plaintiff claimed that, as a result of his "middle risk" status, he did not qualify for community placement programs. The circuit judge agreed with defendant's argument that the directive is not a "rule" which must be promulgated pursuant to the Administrative Procedures Act…”

Clonlara, Inc v. State Bd. of Educ., 501 N.W.2d 88 (Mich. 1993). “[MCL 24.207; MSA 3.560(107).] *258 On the other hand, the Legislature, recognizing that administrative agencies must be permitted sufficient flexibility to effectively execute the law, exempted from the definition of a rule, inter alia, interagency memoranda, MCL 24.”

— Mich. Comp. Laws § 24.207(h) — 30 cases

Dep't of Civil Rights Ex Rel. Parks v. Gen. Motors Corp., 317 N.W.2d 16 (Mich. 1982).

In re Laster, 845 N.W.2d 540 (Mich. Ct. App. 2013).

Cnty. of Oakland v. State of Michigan, 926 N.W.2d 11 (Mich. Ct. App. 2018).

— Mich. Comp. Laws § 24.207(i) — 3 cases

Sch. Dist. for the City of Adrian v. Michigan Pub. Sch. Employees' Ret. Sys., 556 N.W.2d 524 (Mich. Ct. App. 1996).

Schindler Elevator Corp v. Dept of Licensing & Regulatory Affairs (Mich. Ct. App. 2025).

City of Adrian Sch. Dist. v. Pub. Sch. Employes'Ret. Sys., 556 N.W.2d 524 (Mich. Ct. App. 1996).

— Mich. Comp. Laws § 24.207(j) — 16 cases

Am. Fed'n of State, Cnty. & Mun. Employees v. Dep't of Mental Health, 550 N.W.2d 190 (Mich. 1996). “§ 24.207; M.S.A. § 3.560(107). Many provisions of the standard form contract set forth the department's standards and policy concerning the care administered in group homes in the state.”

Kostyu v Dep't of Treasury, 427 N.W.2d 566 (Mich. Ct. App. 1988).

Colombini v. Dep't of Soc. Servs., 286 N.W.2d 77 (Mich. Ct. App. 1979).

— Mich. Comp. Laws § 24.207(k) — 4 cases

Blank v. Dep't of Corr., 611 N.W.2d 530 (Mich. 2000). “While it would it would seem self-evident that running a prison would necessarily require setting some internally enforceable "rules" with regard to visitation, which may not be on par with administrative rules as defined by the APA, see M.”

Jordan v. Jarvis, 505 N.W.2d 279 (Mich. Ct. App. 1993).

Roberts v. Dep't of Corr., 591 N.W.2d 259 (Mich. Ct. App. 1999).

Trent Brown v. State of Michigan (Mich. Ct. App. 2023).

— Mich. Comp. Laws § 24.207(o) — 2 cases

Waskul v. Washtenaw Cnty. Cmty. Mental Health (E.D. Mich. 2025).

Smith v. Dep't of Human Servs. Dir., 297 Mich. App. 148 (Mich. Ct. App. 2012).

— Mich. Comp. Laws § 24.207(q) — 2 cases

Pharm. Rsch. & Mfrs. of Am. v. Dep't of Cmty. Health, 657 N.W.2d 162 (Mich. Ct. App. 2003).

Wyoming Disc. Pharmacy LLC v. Dept of Health & Human Servs. (Mich. Ct. App. 2020).

— Mich. Comp. Laws § 24.207(r) — 2 cases

Cnty. of Oakland v. State of Michigan, 926 N.W.2d 11 (Mich. Ct. App. 2018).

Cnty. of Oakland v. State of Michigan (Mich. Ct. App. 2018).

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