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

Mich. Comp. Laws § 24.242

Notice of public hearing; publication requirements; submission of copy to office; publication of notice in Michigan Register; distribution of copies of notice of public hearing; meeting of joint committee on administrative rules.

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ADMINISTRATIVE PROCEDURES ACT OF 1969


Act 306 of 1969


24.242 Notice of public hearing; publication requirements; submission of copy to office; publication of notice in Michigan Register; distribution of copies of notice of public hearing; meeting of joint committee on administrative rules.

Sec. 42.

    (1) Except as provided in section 44, at a minimum, an agency, or the office acting on behalf of the agency, shall publish the notice of public hearing as prescribed in any applicable statute or, if none, the agency, or the office acting on behalf of the agency, shall publish the notice not less than 10 days and not more than 60 days before the date of the public hearing in not less than 3 newspapers of general circulation in different parts of this state, 1 of which must be in the Upper Peninsula.

    (2) Additional methods that may be employed to provide notice of the public hearing include publication in trade, industry, governmental, or professional publications or posting on the website of the agency or the office.

    (3) In addition to the requirements of subsection (1), the agency shall electronically submit a copy of the notice of public hearing to the office for publication in the Michigan Register. If the office submitted the notice of public hearing on behalf of the agency, the office shall publish the notice of public hearing in the Michigan Register. An agency's notice must be published in the Michigan Register before the public hearing and the agency shall electronically file a copy of the notice of public hearing with the office. Within 7 days after receipt of the notice of public hearing and before the public hearing, the office shall do all of the following:

    (a) Electronically transmit a copy of the notice of public hearing to the committee.

    (b) Provide notice electronically through publicly accessible internet media.

    (4) After the office electronically transmits a copy of the notice of public hearing to the committee, the committee shall electronically transmit copies of the notice of public hearing, not later than the next business day after receipt of the notice from the office, to each member of the committee and the members of the standing committees of the senate and house of representatives that deal with the subject matter of the proposed rule.

    (5) After receipt of the notice of public hearing filed under subsection (3), the committee may meet to consider the proposed rule, take testimony, and provide the agency with the committee's informal response to the rule.

    

    

History: 1969, Act 306, Eff. July 1, 1970 ;-- Am. 1982, Act 413, Eff. Jan. 1, 1984 ;-- Am. 1986, Act 292, Imd. Eff. Dec. 22, 1986 ;-- Am. 1989, Act 288, Imd. Eff. Dec. 26, 1989 ;-- Am. 1993, Act 141, Imd. Eff. Aug. 4, 1993 ;-- 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 ;-- 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."

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Act 306

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APA
Notes of Decisions
Cited in 9 cases (3 in the last 5 years), 1977–2024 · leading case: Michigan Charitable Gaming Association v. State of Michigan
Sort: Relevance Newest Treatment
Michigan Charitable Gaming Association v. State of Michigan (2015) michctapp · cites it 5× “241, MCL 24.242, and MCL 24.245, of the APA with respect to the amended rules.”
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.”
Arnold v. Crestwood Board of Education (1978) michctapp “Counsel for the teachers objected strenuously when the school board failed to outline, on the record, the governing rules of procedure for the PERA § 6 hearings.”
a Clean Cigarette Corp v. Governor (2020) michctapp · cites it 3× “Publication requirements regarding the notice of public hearing are set forth in MCL 24.242. MCL 24.248(1) describes the circumstances in which the normal procedural requirements in promulgating a rule need not be followed, providing: If an agency finds that preservation of the…”
a Clean Cigarette Corp v. Governor (2020) michctapp · cites it 2× “241 and MCL 24.242] and states in the rule the agency's reasons for that finding, and the governor concurs in the finding of emergency, the agency may dispense with all or part of the procedures and file in the office of the secretary of state the copies prescribed by section…”
Michigan Farm Bureau v. Dept of Environment Great Lakes and Energy (2024) mich · cites it 2× “266], if applicable, [MCL 24.242], and in substantial compliance with [MCL 24.”
People of Michigan v. Adam Travis Tasselmyer (2021) michctapp “241 and MCL 24.242] and states in the rule the agency's reasons for that finding, and the governor concurs in the finding of emergency, the agency may dispense with all or part of the procedures and file in the office of the secretary of state the copies prescribed by [MCL 24.”
Michigan Farm Bureau v. Dept of Environment Great Lakes and Energy (2022) michctapp ““ ‘Processing of a rule’ means the action required or authorized by this act regarding a rule that is to be promulgated, including the rule’s adoption, and ending with the rule’s promulgation.”
Michigan Charitable Gaming Association v. State of Michigan (2015) michctapp “, MCL 24.242(5) (“[a]fter receipt of the notice of public hearing filed under subsection (3), the committee may meet to consider the proposed rule, take testimony, and provide the agency with the committee’s informal response to the rule”).”
— Mich. Comp. Laws § 24.242(5) — 2 cases
Michigan Charitable Gaming Association v. State of Michigan (2015) michctapp “241, MCL 24.242, and MCL 24.245, of the APA with respect to the amended rules.”
Michigan Charitable Gaming Association v. State of Michigan (2015) michctapp “, MCL 24.242(5) (“[a]fter receipt of the notice of public hearing filed under subsection (3), the committee may meet to consider the proposed rule, take testimony, and provide the agency with the committee’s informal response to the rule”).”
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