ADMINISTRATIVE PROCEDURES ACT OF 1969
Act 306 of 1969
24.251 Amendment and rescission of rules by legislature; introduction of bill.
Sec. 51.
If the committee, an appropriate standing committee, or a member of the legislature believes that a promulgated rule or any part thereof is unauthorized, is not within legislative intent, or is inexpedient, the committee or member may introduce a bill at a regular session, or special session if included in a governor's message, which in effect amends or rescinds the rule.
History: 1969, Act 306, Eff. July 1, 1970 ;-- Am. 2004, Act 491, Eff. Jan. 12, 2005
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
PopularName Notes:
APA
Notes of Decisions
Blank v. Dep't of Corr., 564 N.W.2d 130 (Mich. Ct. App. 1997).
· cites it 2× “There is currently a “legislative disapproval”, process in place in MCL 24.251; MSA 3.560(151). Under *399 that statute, if the JCAR, an appropriate standing committee, or a member of the Legislature believes a promulgated rule “is unauthorized, is not within the legislative…”
Peninsula Sanitation, Inc v. City of Manistique, 526 N.W.2d 607 (Mich. Ct. App. 1994).
“According to 7 McQuillin, Municipal Corporations (3d ed), § 24.251, p 140: Generally a municipal corporation can contract with one or more persons or corporations for the collection and removal of waste .”
Michigan State Employees Ass'n v. Liquor Control Comm'n No. 2, 591 N.W.2d 353 (Mich. Ct. App. 1999).
· cites it 2× “Pursuant to subsection 51(a), MCL 24.251(a); MSA 3.560(151)(a), the Legislature may also adopt a resolution expressing its disapproval of a rule in the hope that the promulgating agency would acknowledge the legislative disapproval and amend the rule accordingly.”
— Mich. Comp. Laws § 24.251(a) — 1 case
Michigan State Employees Ass'n v. Liquor Control Comm'n No. 2, 591 N.W.2d 353 (Mich. Ct. App. 1999).
“Pursuant to subsection 51(a), MCL 24.251(a); MSA 3.560(151)(a), the Legislature may also adopt a resolution expressing its disapproval of a rule in the hope that the promulgating agency would acknowledge the legislative disapproval and amend the rule accordingly.”
— Mich. Comp. Laws § 24.251(b) — 1 case
Michigan State Employees Ass'n v. Liquor Control Comm'n No. 2, 591 N.W.2d 353 (Mich. Ct. App. 1999).
“Pursuant to subsection 51(a), MCL 24.251(a); MSA 3.560(151)(a), the Legislature may also adopt a resolution expressing its disapproval of a rule in the hope that the promulgating agency would acknowledge the legislative disapproval and amend the rule accordingly.”
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