Mich. Comp. Laws § 24.246

Promulgation of rules; procedure; arrangement, binding, certification, and inspection of rules.

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ADMINISTRATIVE PROCEDURES ACT OF 1969

Act 306 of 1969

24.246 Promulgation of rules; procedure; arrangement, binding, certification, and inspection of rules.

Sec. 46.

(1) To promulgate a rule the state office of administrative hearings and rules shall file in the office of the secretary of state 3 copies of the rule bearing the required certificates of approval and adoption, true copies of the rule without the certificates, and 1 electronic copy. The state office of administrative hearings and rules shall not file a rule, except an emergency rule under section 48 and rules processed under sections 33 and 44, until the time periods for committee and legislative consideration described in section 45a have elapsed.

(2) The secretary of state shall endorse the date and hour of filing of rules on the 3 copies of the filing bearing the certificates and shall maintain a file containing 1 copy for public inspection.

(3) The secretary of state, as often as he or she considers it advisable, shall cause to be arranged and bound in a substantial manner the rules hereafter filed in his or her office with their attached certificates and published in a supplement to the Michigan administrative code. The secretary of state shall certify under his or her hand and seal of the state on the frontispiece of each volume that it contains all of the rules filed and published for a specified period. The rules, when so bound and certified, shall be kept in the office of the secretary of state and no further record of the rules is required to be kept. The bound rules are subject to public inspection.

History: 1969, Act 306, Eff. July 1, 1970 ;-- Am. 1971, Act 171, Imd. Eff. Dec. 2, 1971 ;-- Am. 1977, Act 108, Eff. Jan. 1, 1978 ;-- Am. 1993, Act 141, Imd. Eff. Aug. 4, 1993 ;-- Am. 1999, Act 262, Eff. Apr. 1, 2000 ;-- Am. 2006, Act 247, Imd. Eff. July 3, 2006

Constitutionality Notes:

In separate opinions, the Michigan Supreme Court held that Section 45(8), (9), (10), and (12) and the second sentence of Section 46(1) (“An agency shall not file a rule ... until at least 10 days after the date of the certificate of approval by the committee or after the legislature adopts a concurrent resolution approving the rule.”) of the Administrative Procedures Act of 1969, in providing for the Legislature's reservation of authority to approve or disapprove rules proposed by executive branch agencies, did not comply with the enactment and presentment requirements of Const 1963, art 4, and violated the separation of powers provision of Const 1963, art 3, and, therefore, were unconstitutional. These specified portions were declared to be severable with the remaining portions remaining effective. Blank v Department of Corrections, 462 Mich 103; 611 NW2d 530 (2000).

PopularName Notes:

Act 306

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APA

Notes of Decisions

Cited in 18 cases (2 in the last 5 years), 1976–2022 · leading case: Blank v. Department of Corrections

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Blank v. Department of Corrections (2000) mich · cites it 4× “Certificates of approval and adoption shall be attached to at least 6 copies of the rule. [MCL 24.245; MSA 3.560(145).”

People v. Turmon (1983) mich · cites it 4× “That act requires that all rules promulgated by an agency shall be filed with the Secretary of State, MCL 24.246(1); MSA 3.560(146)(1), and that the Secretary of State, "as often as he deems it advisable", shall publish the rules in a supplement to the Michigan Administrative…”

Faircloth v. Family Independence Agency (1999) michctapp · cites it 2× “§ 24.246; MSA 3.560(146), requiring legislative approval for agency rules, are unconstitutional.”

American Federation of State, County & Municipal Employees v. Department of Mental Health (1996) mich · cites it 2× “§ 24.246(1); M.S.A. § 3.560(146)(1). This process, as applied to revisions of the performance guidelines and standard contract language, will be extremely cumbersome and defeat the flexibility in negotiating contract terms with private mental health service providers that the…”

In re Consumers Energy Co. (2014) michctapp · cites it 2× “MCL 24.246(1). The DEQ’s rules became effective before October 6, 2008.”

Goins v. Greenfield Jeep Eagle, Inc (1995) mich “] MCL 24.246; MSA 3.560(146) specifically provides for the actual manner of promulgation.”

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 “MCL 24.246(1); MSA 3.560(146)(1). However, the rules were not accompanied by a certificate of legislative or JCAR approval, which is also required by the APA.”

International Business MacHines Corp. v. Department of Treasury (1976) michctapp “It is apparent from changes in the instructional forms for corporate taxpayers over the years 1968-1974 that the Revenue Division has changed its interpretation of this part of the tax law, yet the Treasury Department has not sought legislative approval of any interpretive…”

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.”

People v. O'NEAL (1983) michctapp “MCL 24.246; MSA 3.560(146). Since this regulation was published well in advance of defendant’s action, defendant cannot complain that he was without notice that the conduct was proscribed.”

in Re Application of Consumers Energy for Reconciliation of Costs (2015) michctapp · cites it 2× “MCL 24.246(1). The MDEQ’s rules became effective prior to October 6, 2008.”

Show all 18 citing cases →

— Mich. Comp. Laws § 24.246(1) — 8 cases

Blank v. Department of Corrections (2000) mich “Certificates of approval and adoption shall be attached to at least 6 copies of the rule. [MCL 24.245; MSA 3.560(145).”

People v. Turmon (1983) mich “That act requires that all rules promulgated by an agency shall be filed with the Secretary of State, MCL 24.246(1); MSA 3.560(146)(1), and that the Secretary of State, "as often as he deems it advisable", shall publish the rules in a supplement to the Michigan Administrative…”

American Federation of State, County & Municipal Employees v. Department of Mental Health (1996) mich “§ 24.246(1); M.S.A. § 3.560(146)(1). This process, as applied to revisions of the performance guidelines and standard contract language, will be extremely cumbersome and defeat the flexibility in negotiating contract terms with private mental health service providers that the…”

In re Consumers Energy Co. (2014) michctapp “MCL 24.246(1). The DEQ’s rules became effective before October 6, 2008.”

— Mich. Comp. Laws § 24.246(3) — 1 case

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