ADMINISTRATIVE PROCEDURES ACT OF 1969
Act 306 of 1969
24.233 Rules; organization; operations; procedures.
Sec. 33.
(1) An agency shall promulgate rules describing its organization and stating the general course and method of its operations. The agency may include in the rules forms with instructions. Sections 41, 42, 45, and 45a do not apply to promulgation of the rules.
(2) An agency shall promulgate rules prescribing its procedures available to the public and the methods by which the public may obtain information and submit requests.
(3) An agency may promulgate rules prescribing procedures for contested cases. The rules must be consistent with this act and other applicable statutes.
History: 1969, Act 306, Eff. July 1, 1970 ;-- Am. 1999, Act 262, Eff. Apr. 1, 2000 ;-- Am. 2018, Act 267, Imd. Eff. June 29, 2018 ;-- Am. 2024, Act 9, Eff. Apr. 2, 2025
AdminRule Notes:
R 11.1 et seq.; R 24.61 et seq.; R 28.4011 et seq.; R 32.11 et seq.; R 35.1 et seq.; R 38.1 et seq.; R 169.1 et seq.; R 209.1 et seq.; R 211.401 et seq.; R 225.1 et seq.; R 247.1 et seq.; R 257.31 et seq.; R 257.301 et seq.; R 257.1001 et seq.; R 285.900.1; R 299.2901 et seq.; R 299.2903 et seq.; R 299.5001 et seq.; R 299.5101 et seq.; R 299.51001 et seq.; R 323.1001 et seq.; R 324.1 et seq.; R 325.10101 et seq.; R 330.1001 et seq.; R 340.1351 et seq.; R 349.291; R 390.621; R 400.1 et seq.; R 408.20001 et seq.; R 408.21401 et seq.; R 418.10101 et seq.; R 418.10104 et seq.; R 432.1001 et seq.; R 436.1951 et seq.; R 436.1963; R 451.1901 et seq.; R 451.2101 et seq.; R 501.351 et seq.; and R 722.1 et seq. of the Michigan Administrative Code.
PopularName Notes:
Act 306
PopularName Notes:
APA
Notes of Decisions
Greenfield Constr. Co. v. Dep't of State Highways, 261 N.W.2d 718 (Mich. 1978).
· cites it 2× “) [12] Despite the mandate on all agencies to promulgate rules "describing its organization and stating the general course and method of its operations" and "prescribing its procedures available to the public and the methods by which the public may obtain information and submit…”
Michigan Farm Bureau v. Bureau of Workmen's Comp., 289 N.W.2d 699 (Mich. 1980).
“560(107)(g) (emphasis added). The Michigan act mandates the promulgation of rules by an agency "prescribing its procedures available to the public and the methods by which the public may obtain information and submit requests”.”
Schinzel v. Dep't of Corr., 333 N.W.2d 519 (Mich. Ct. App. 1983).
“MCL 24.233(2); MSA 3.560(133)(2). It appears then that our act may actually require state agencies to promulgate, as rules, their regulations, statements, standards, policies, etc.”
In re Consumers Energy Co., 307 Mich. App. 32 (Mich. Ct. App. 2014).
“The Michigan Register further provided that any rules adopted under MCL 24.233, MCL 24.244, or MCL 24.245a(6) would become effective 7 days after filing, but no rules adopted under those statutes are at issue here.”
TRAVIS JONES v. Dep't of Corr., 460 N.W.2d 575 (Mich. Ct. App. 1990).
“On March 16, 1989, plaintiff requested a declaratory ruling from defendants as to whether the aforementioned directives, procedures and guidelines were promulgated as rules pursuant to § 33 of the Administrative Procedures Act, MCL 24.233; MSA 3.560(133), and, if not, whether…”
N. Michigan Expl. Co. v. Pub. Serv. Comm'n, 396 N.W.2d 487 (Mich. Ct. App. 1986).
“On appeal to circuit court, plaintiffs contended *641 that the commission’s order was erroneous because the 90-10 proration method used constituted the application of a policy which had not been promulgated as a rule under § 33 of the Administrative Procedures Act, MCL 24.233;…”
Nat'l Wildlife Fed'n v. Dep't of Env't Quality, 856 N.W.2d 252 (Mich. Ct. App. 2014).
“MCL 24.233(3). Mich Admin Code, R 324.64(1), in turn, imposes on a party “filing an administrative complaint or petition for a contested case hearing.”
Wyoming Disc. Pharmacy LLC v. Dept of Health & Human Servs. (Mich. Ct. App. 2020).
· cites it 2× “APA Plaintiffs argue that they stated a claim under the APA by arguing that defendant was required to promulgate rules governing the audits conducted in this case under MCL 24.233(1) and (2). We disagree. Statutory interpretation begins with the language of the statute for the…”
Michigan Farm Bureau v. Dept of Env't Great Lakes & Energy (Mich. Ct. App. 2022).
“In Jones, a case involving policy directives, institutional procedures, and employee guidelines of the Michigan Department of Corrections and the Michigan Civil Service Commission, the plaintiff requested a declaratory ruling from the defendants as to whether the directives,…”
— Mich. Comp. Laws § 24.233(1) — 1 case
Wyoming Disc. Pharmacy LLC v. Dept of Health & Human Servs. (Mich. Ct. App. 2020).
“APA Plaintiffs argue that they stated a claim under the APA by arguing that defendant was required to promulgate rules governing the audits conducted in this case under MCL 24.233(1) and (2). We disagree. Statutory interpretation begins with the language of the statute for the…”
— Mich. Comp. Laws § 24.233(2) — 2 cases
Michigan Farm Bureau v. Bureau of Workmen's Comp., 289 N.W.2d 699 (Mich. 1980).
“560(107)(g) (emphasis added). The Michigan act mandates the promulgation of rules by an agency "prescribing its procedures available to the public and the methods by which the public may obtain information and submit requests”.”
Schinzel v. Dep't of Corr., 333 N.W.2d 519 (Mich. Ct. App. 1983).
“MCL 24.233(2); MSA 3.560(133)(2). It appears then that our act may actually require state agencies to promulgate, as rules, their regulations, statements, standards, policies, etc.”
— Mich. Comp. Laws § 24.233(3) — 3 cases
Nat'l Wildlife Fed'n v. Dep't of Env't Quality, 856 N.W.2d 252 (Mich. Ct. App. 2014).
“MCL 24.233(3). Mich Admin Code, R 324.64(1), in turn, imposes on a party “filing an administrative complaint or petition for a contested case hearing.”
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