Mich. Comp. Laws § 24.241

Notice of public hearing before adoption of rule; opportunity to present data, views, questions, and arguments; time, contents, and transmittal of notice; advanced notice of proposed action; provisions governing public hearing; presence and participation of certain persons at public hearing required.

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ADMINISTRATIVE PROCEDURES ACT OF 1969

Act 306 of 1969

24.241 Notice of public hearing before adoption of rule; opportunity to present data, views, questions, and arguments; time, contents, and transmittal of notice; advanced notice of proposed action; provisions governing public hearing; presence and participation of certain persons at public hearing required.

Sec. 41.

(1) Except as provided in section 44, before the adoption of a rule, an agency, or the office, shall give notice of a public hearing and offer a person an opportunity to present data, views, questions, and arguments. The notice must be given within the time prescribed by any applicable statute, or if none, in the manner prescribed in section 42(1).

(2) The notice described in subsection (1) must include all of the following:

(a) A reference to the statutory authority under which the action is proposed.

(b) The time and place of the public hearing and a statement of the manner in which data, views, questions, and arguments may be submitted by a person to the agency at other times.

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

(3) The agency, or the office acting on behalf of an agency, shall transmit copies of the notice described in subsection (1) to each person that requested the agency in writing or electronically for advance notice of proposed action that may affect the person. If requested, the notice must be by mail, in writing, or electronically to the last address specified by the person.

(4) The public hearing must comply with any applicable statute, but is not subject to the provisions governing a contested case.

(5) The head of the promulgating agency or 1 or more persons designated by the head of the agency who have knowledge of the subject matter of the proposed rule shall be present at the public hearing and participate in the discussion of the proposed rule.

History: 1969, Act 306, Eff. July 1, 1970 ;-- Am. 1977, Act 108, Eff. Jan. 1, 1978 ;-- Am. 1982, Act 413, Eff. Jan. 1, 1984 ;-- Am. 1989, Act 288, Imd. Eff. Dec. 26, 1989 ;-- Am. 1993, Act 141, Imd. Eff. Aug. 4, 1993 ;-- Am. 2004, Act 23, Imd. Eff. Mar. 10, 2004 ;-- Am. 2004, Act 491, Eff. Jan. 12, 2005 ;-- Am. 2018, Act 267, Imd. Eff. June 29, 2018 ;-- Am. 2024, Act 9, Eff. Apr. 2, 2025

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."

PopularName Notes:

Act 306

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APA

Notes of Decisions

Cited in 25 cases (5 in the last 5 years), 1975–2024 · leading case: Michigan Ass'n of Home Builders v. Department of Labor & Economic Growth Director

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Michigan Ass'n of Home Builders v. Department of Labor & Economic Growth Director (2008) mich · cites it 3× “*499 MCL 24.241(1) provides, in pertinent part: “[B]efore the adoption of a rule, an agency, or the office of regulatory reform, shall give notice of a public hearing and offer a person an opportunity to present data, views, questions, and arguments.”

Blank v. Department of Corrections (2000) mich · cites it 2× “MCL 24.241; MSA 3.560(141) requires a public hearing and notice of hearing before the adoption of a rule.”

Greenfield Construction Co. v. Department of State Highways (1978) mich · cites it 2× “" [4] MCLA 24.241; MSA 3.560(141): "(1) Before the adoption of a rule an agency shall give notice of a public hearing and offer any person an opportunity to present data, views and arguments.”

Czymbor’s Timber, Inc v. City of Saginaw (2007) mich · cites it 2× “See Department of Natural Resources, Hunter Safety Section, Local Hunting Area Controls, HC-82-04-001. [18] The Administrative Procedures Act requires an agency to give notice of proposed rules or rule changes, to hold a public hearing, and to submit the proposed rules or rule…”

American Federation of State, County & Municipal Employees v. Department of Mental Health (1996) mich · cites it 3× “§ 24.241(4, 5); M.S.A. § 3.560(141)(4, 5).”

Martin v. Department of Corrections (1986) mich · cites it 2× “The APA defines a rule as follows: "Rule" means an agency regulation, statement, standard, policy, ruling or instruction of general applicability, which implements or applies law enforced or administered by the agency, or which prescribes the organization, procedure or practice…”

City of Romulus v. Department of Environmental Quality (2004) michctapp “MCL 24.241. “The APA requires an agency to give notice of proposed rules or rule changes, to hold a public hearing, and to submit the proposed rule or rule changes to the Legislature’s Joint Committee on Administrative Rules for review and approval.”

Jordan v. Department of Corrections (1987) michctapp · cites it 2× “, MCL 24.241, 24.242; MSA 3.560(141), 3.560(142).”

Goins v. Greenfield Jeep Eagle, Inc (1995) mich “Except as provided in section 44, before the adoption of a rule, an agency shall give notice of a public hearing and offer a person an opportunity to present data, views, questions, and arguments.”

Causley v. LaFreniere (1977) michctapp “This policy is applicable only for court orders for child support, but may be deducted from any type of income received by the person under the court order.” Assistance Payments Manual, item 330, p 9.”

Michigan Charitable Gaming Association v. State of Michigan (2015) michctapp · cites it 4× “Pertinent to this appeal, they alleged that the agency failed to comply with §§ 41, 42, and 45, MCL 24.241, MCL 24.242, and MCL 24.245, of the APA with respect to the amended rules.”

Binsfeld v. Department of Natural Resources (1988) michctapp “; MSA 13.1211 et seq., are expressly excluded from the definition of "rule” under the apa.”

Show all 25 citing cases →

— Mich. Comp. Laws § 24.241(1) — 6 cases

Michigan Ass'n of Home Builders v. Department of Labor & Economic Growth Director (2008) mich “*499 MCL 24.241(1) provides, in pertinent part: “[B]efore the adoption of a rule, an agency, or the office of regulatory reform, shall give notice of a public hearing and offer a person an opportunity to present data, views, questions, and arguments.”

American Federation of State, County & Municipal Employees v. Department of Mental Health (1996) mich “§ 24.241(4, 5); M.S.A. § 3.560(141)(4, 5).”

Michigan Charitable Gaming Association v. State of Michigan (2015) michctapp “Pertinent to this appeal, they alleged that the agency failed to comply with §§ 41, 42, and 45, MCL 24.241, MCL 24.242, and MCL 24.245, of the APA with respect to the amended rules.”

Michigan Farm Bureau v. Dept of Environment Great Lakes and Energy (2024) mich

a Clean Cigarette Corp v. Governor (2020) michctapp

— Mich. Comp. Laws § 24.241(2) — 1 case

Michigan Farm Bureau v. Dept of Environment Great Lakes and Energy (2024) mich

— Mich. Comp. Laws § 24.241(4) — 2 cases

American Federation of State, County & Municipal Employees v. Department of Mental Health (1996) mich “§ 24.241(4, 5); M.S.A. § 3.560(141)(4, 5).”

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