Mich. Comp. Laws » Michigan Compiled Laws / Chapter 24 / Act 306 of 1969

Mich. Comp. Laws § 24.224

Adoption of guideline; notice.

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ADMINISTRATIVE PROCEDURES ACT OF 1969


Act 306 of 1969


24.224 Adoption of guideline; notice.

Sec. 24.

    (1) Before the adoption of a guideline, an agency shall give electronic notice of the proposed guideline to the committee, the office of regulatory reform, and each person who requested the agency in writing or electronically for advance notice of proposed action that may affect the person. The committee shall electronically provide the notice of the proposed guideline not later than the next business day after receipt of the notice from the agency to members of the committee and to members of the standing committees of the senate and house of representatives that deal with the subject matter of the proposed guideline. The notice shall be given by mail, in writing, or electronically transmitted to the last address specified by the person requesting the agency for advanced notice of proposed action that may affect that person. A request for notice is renewable each December. Any notice under this section to any member or agency of the legislative and executive branches shall be given electronically.

    (2) The notice required by subsection (1) shall include all of the following:

    (a) A statement of the terms or substance of the proposed guideline, a description of the subjects and issues involved, and the proposed effective date of the guideline.

    (b) A statement that the addressee may express any views or arguments regarding the proposed guideline or the guideline's effect on a person.

    (c) The address to which written comments may be sent and the date by which comments shall be mailed or electronically transmitted, which date shall not be less than 35 days from the date of the mailing or electronic transmittal of the notice.

    (d) A reference to the specific statutory provision about which the proposed guideline states a policy.

History: Add. 1977, Act 108, Eff. Jan. 1, 1978 ;-- Am. 1982, Act 413, Eff. Jan. 1, 1984 ;-- Am. 1999, Act 262, Eff. Apr. 1, 2000 ;-- Am. 2004, Act 23, Imd. Eff. Mar. 10, 2004 ;-- Am. 2004, Act 491, Eff. Jan. 12, 2005

Compiler's Notes:

    Enacting section 2 of Act 491 of 2004 provides:

    "Enacting section 2. This amendatory act applies to rules transmitted to the joint committee on administrative rules on or after January 12, 2005. Rules transmitted to the joint committee on administrative rules before January 12, 2005, shall be processed according to the act as it existed before January 12, 2005."

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Act 306

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APA
Notes of Decisions
Cited in 15 cases (2 in the last 5 years), 1979–2023 · leading case: Faircloth v. Family Independence Agency
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Faircloth v. Family Independence Agency (1999) michctapp · cites it 2× “To promulgate a guideline, the agency must provide notice to the joint committee, the Legislative Service Bureau, the Governor and "each person who requested the agency in writing for advanced notice of proposed action which may affect the person," and provide a sixty-day period…”
Coalition of Michigan Nursing Homes, Inc. v. Dempsey (1982) mied · cites it 2× “306 of the Public Acts of 1969, being section 24.224 of the Michigan Compiled Laws.”
JW Hobbs Corp. v. REV. DIV., TREASURY DEP'T (2005) michctapp · cites it 2× “The trial court determined that that the RABs were "guidelines" adopted under § 24 of the Administrative Procedures Act (APA), MCL 24.224, and defined under § 3 of the APA as "an agency statement or declaration of policy which the agency intends to follow.”
Martin v. Department of Corrections (1985) michctapp · cites it 2× “560(107), or that of a properly adopted guideline pursuant to MCL 24.224; MSA 3.560(124). The trial court erred in relying upon the policy directive as a departmental rule when it has not been officially adopted as a rule or even a guideline.”
Michigan Farm Bureau v. Bureau of Workmen's Compensation (1980) mich “See also MCL 24.224 et seq.; MSA 3.560(124) et seq.”
Department of Civil Rights Ex Rel. Parks v. General Motors Corp. (1979) michctapp “In addition, neither the authority relied on by the commission in issuing this guideline, nor the procedure followed in promulgating it, MCL 24.224; MSA 3.560(124), allows the commission to have its interpretation of § 3(a) given the force and effect of law qua rule.”
Schinzel v. Marquette Prison Warden (1983) michctapp “560(107), or that of a properly adopted guideline pursuant to MCL 24.224; MSA 3.560(124). The trial court erred in relying upon the policy directive as a departmental rule when it has not been officially adopted as a rule or even a guideline.”
MICHIGAN ELECTRIC AND GAS ASS'N v. Michigan Public Service Comm. (2002) michctapp “§ 24.224 et seq., which mandates substantial compliance with specific notice and dissemination provisions.”
In re Public Service Commission Guidelines for Transactions between Affiliates (2002) michctapp “An agency may not circumvent the apa requirements by adopting guidelines in lieu of rules.”
People v. Williamson (1994) michctapp · cites it 2× “MCL 24.224; MSA 3.560(124). The agency, however, must give notice of any proposed guideline to all affected providers.”
Assn of Home Help Care Agencies v. Dept of Health & Human Services (2020) michctapp · cites it 6× “-2- according to section 24 of the administrative procedures act of 1969, 1969 PA 306 , MCL 24.224. In May 1997, “[a]ll the statutory authority, powers, duties, functions and responsibilities of the Home Help Program” stated in MCL 400.”
Department of Environmental Quality v. Hernan F Gomez (2016) michctapp · cites it 2× “The manual explains, “This manual describes the process and procedure for the Land and Water Management Division enforcement and compliance program, and implements the Department of Environmental Quality Compliance and Enforcement Policy, 04-003,” and a revised version of DEQ…”
Show all 15 citing cases →
— Mich. Comp. Laws § 24.224(1) — 1 case
Faircloth v. Family Independence Agency (1999) michctapp “To promulgate a guideline, the agency must provide notice to the joint committee, the Legislative Service Bureau, the Governor and "each person who requested the agency in writing for advanced notice of proposed action which may affect the person," and provide a sixty-day period…”
— Mich. Comp. Laws § 24.224(2) — 2 cases
People v. Williamson (1994) michctapp “MCL 24.224; MSA 3.560(124). The agency, however, must give notice of any proposed guideline to all affected providers.”
Assn of Home Help Care Agencies v. Dept of Health & Human Services (2020) michctapp “-2- according to section 24 of the administrative procedures act of 1969, 1969 PA 306 , MCL 24.224. In May 1997, “[a]ll the statutory authority, powers, duties, functions and responsibilities of the Home Help Program” stated in MCL 400.”
— Mich. Comp. Laws § 24.224(2)(d) — 1 case
Assn of Home Help Care Agencies v. Dept of Health & Human Services (2020) michctapp “-2- according to section 24 of the administrative procedures act of 1969, 1969 PA 306 , MCL 24.224. In May 1997, “[a]ll the statutory authority, powers, duties, functions and responsibilities of the Home Help Program” stated in MCL 400.”
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