Mich. Comp. Laws § 24.243

Compliance required; contesting rule on ground of noncompliance.

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ADMINISTRATIVE PROCEDURES ACT OF 1969

Act 306 of 1969

24.243 Compliance required; contesting rule on ground of noncompliance.

Sec. 43.

(1) Except for an emergency rule promulgated in the manner described in section 48, a rule is not valid unless it is processed in compliance with section 42, and in substantial compliance with section 41(2), (3), (4), and (5).

(2) A proceeding to contest a rule on the ground of noncompliance with the requirements of sections 41 and 42 must be commenced within 2 years after the effective date of the rule.

History: 1969, Act 306, Eff. July 1, 1970 ;-- Am. 1989, Act 288, Imd. Eff. Dec. 26, 1989 ;-- Am. 2018, Act 267, Imd. Eff. June 29, 2018 ;-- Am. 2024, Act 9, Eff. Apr. 2, 2025

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Act 306

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APA

Notes of Decisions

Cited in 19 cases (2 in the last 5 years), 1961–2024 · leading case: By Lo Oil Co. v. Department of Treasury

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By Lo Oil Co. v. Department of Treasury (2005) michctapp · cites it 2× “11 MCL 24.243(1); Clonlara, Inc v State Bd of Ed, 442 Mich 230, 239 ; 501 NW2d 88 (1993).”

Greenfield Construction Co. v. Department of State Highways (1978) mich · cites it 2× “[30] See Bonfield, The Iowa Administrative Procedures Act: Background, Construction, Applicability, Public Access to Agency Law, The Rulemaking Process, 60 Iowa L Rev 731, 826-873 (1975).”

Detroit Base Coalition for the Human Rights of the Handicapped v. Department of Social Services (1988) mich “See MCL 24.243, 24.245; MSA 3.560(143), 3.560(145); Pharris v Secretary of State, 117 Mich App 202 ; 323 NW2d 652 (1982) (guidelines for Secretary of State hearing examiners published in an internal policy manual were not binding because they were not promulgated pursuant to the…”

Pyke v. Department of Social Services (1990) michctapp · cites it 2× “MCL 24.243; MSA 3.560(143); Jordan v Dep't of Corrections, 165 Mich App 20, 24 ; 418 NW2d 914 (1987).”

Michigan Farm Bureau v. Bureau of Workmen's Compensation (1980) mich “4 This case does not present any issue concerning when an agency’s rules or actions are binding upon the agency absent compliance with the procedural requirements of our Administrative Procedures Act, and no opinion is here intimated on that issue.”

Causley v. LaFreniere (1977) michctapp “” Assistance Payments Manual, item 330, p 9. However, because the Department of Social Services has not complied with the requirements of the Administrative Procedures Act of 1969, this "Departmental Policy” is without the force of law.”

Blank v. Department of Corrections (1997) michctapp “Even if we were to assume that giving the Legislature the opportunity to veto the rule was a necessary element of the procedural protection intended by the APA, severance does not take away that opportunity.”

Pharris v. Secretary of State (1982) michctapp “Therefore, it is clear that the policy manual is not binding on those outside the agency, MCL 24.243; MSA 3.560(143). However, even assuming that the rules were properly promulgated, that would only support a finding that the hearing examiner’s decision was not arbitrary and…”

Michigan Charitable Gaming Association v. State of Michigan (2015) michctapp · cites it 4× “While the act requires strict compliance or substantial compliance with certain requirements under the act—such as notice, MCL 24.243— the act does not precisely describe the resubmission process.”

City of Detroit v. Department of Social Services (1992) michctapp “Section 43(1) of the apa, MCL 24.243(1); MSA 3.560(143)(1), provides that a rule is not valid unless processed in compliance with provisions of the apa requiring that the agency give notice of a public hearing at which interested persons shall be given an opportunity to present…”

Attorney General Ex Rel. Commissioner of Insurance v. Michigan Surety Co. (1961) mich “…1948, §§ 550.103, 550.104 and CLS 1956, §§ 500.900 to 500.960, as amended, particularly § 500.948 (Stat Ann 1957 Rev §§ 24.243, 24.244, and §§ 24.1900 to 24.1960, as amended, particularly § 24.1948). 3 CLS 1956, § 500.7800 et seq., particularly §§ 500.7802, 500.7810,…”

Clonlara, Inc v. State Board of Education (1991) michctapp “However, our Legislature has established the proper procedures to follow in promulgating rules under the apa. Our holding reemphasizes the importance of public participation in the creation of rules and regulations as embodied in the apa.”

Show all 19 citing cases →

— Mich. Comp. Laws § 24.243(1) — 5 cases

By Lo Oil Co. v. Department of Treasury (2005) michctapp “11 MCL 24.243(1); Clonlara, Inc v State Bd of Ed, 442 Mich 230, 239 ; 501 NW2d 88 (1993).”

Michigan Charitable Gaming Association v. State of Michigan (2015) michctapp “While the act requires strict compliance or substantial compliance with certain requirements under the act—such as notice, MCL 24.243— the act does not precisely describe the resubmission process.”

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

— Mich. Comp. Laws § 24.243(2) — 1 case

By Lo Oil Co. v. Department of Treasury (2005) michctapp “11 MCL 24.243(1); Clonlara, Inc v State Bd of Ed, 442 Mich 230, 239 ; 501 NW2d 88 (1993).”

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