Mich. Comp. Laws § 24.264

Declaratory judgment as to validity or applicability of rule.

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ADMINISTRATIVE PROCEDURES ACT OF 1969

Act 306 of 1969

24.264 Declaratory judgment as to validity or applicability of rule.

Sec. 64.

Unless an exclusive procedure or remedy is provided by a statute governing the agency, the validity or applicability of a rule, including the failure of an agency to accurately assess the impact of the rule on businesses, including small businesses, in its regulatory impact statement, may be determined in an action for declaratory judgment if the court finds that the rule or its threatened application interferes with or impairs, or imminently threatens to interfere with or impair, the legal rights or privileges of the plaintiff. The action shall be filed in the circuit court of the county where the plaintiff resides or has his or her principal place of business in this state or in the circuit court for Ingham county. The agency shall be made a party to the action. An action for declaratory judgment may not be commenced under this section unless the plaintiff has first requested the agency for a declaratory ruling and the agency has denied the request or failed to act upon it expeditiously. This section shall not be construed to prohibit the determination of the validity or applicability of the rule in any other action or proceeding in which its invalidity or inapplicability is asserted.

History: 1969, Act 306, Eff. July 1, 1970 ;-- Am. 2011, Act 243, Imd. Eff. Dec. 8, 2011

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Act 306

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APA

Notes of Decisions

Cited in 49 cases (8 in the last 5 years), 1959–2026 · leading case: Human Rights Party v. Michigan Corrections Commission

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Human Rights Party v. Michigan Corrections Commission (1977) michctapp · cites it 7× “560(164), which provides: "Unless an exclusive procedure or remedy is provided by a statute governing the agency, the validity or applicability of a rule may be determined in an action for declaratory judgment when the court finds that the rule or its threatened application…”

Greenfield Construction Co. v. Department of State Highways (1978) mich · cites it 4× “" [3] MCLA 24.264; MSA 3.560(164): "Unless an exclusive procedure or remedy is provided by a statute governing the agency, the validity or applicability of a rule may be determined in an action for declaratory judgment when the court finds that the rule or its threatened…”

Michigan Farm Bureau v. Department of Environmental Quality (2011) michctapp · cites it 3× “Because plaintiffs sought to challenge the validity of Rule 2196 rather than its applicability to a particular state of facts, they were not required to ask the DEQ for a declaratory ruling under MCL 24.”

Michigan Farm Bureau v. Bureau of Workmen's Compensation (1980) mich · cites it 3× “Bureau of Workmen’s Compensation, establishing new rate schedules, constitute 'rules’ within the meaning of the Administrative Procedures Act of 1969, 1969 PA 306 , as amended? (2) Whether, assuming pro arguendo that said letters do constitute 'rules’ within the meaning of *147…”

Ludington Service v. ACTING COMMISSIONER OF INS. (1994) mich · cites it 2× “Nonetheless, plaintiff apparently believed that the commissioner was violating MCL 24.264; MSA 3.560(164) of the Administrative Procedures Act requiring the commissioner to act expeditiously, despite that section’s failure to specify an exact time limit.”

Insurance Institute v. Commissioner of the Office of Financial & Insurance Services (2008) michctapp · cites it 18× “Defendant further asserts that even if an original action were proper, plaintiffs nevertheless failed to comply with the requirement of MCL 24.264 that a plaintiff first request a declaratory ruling from the agency.”

Martin v. Department of Corrections (1986) mich · cites it 2× “FACTS Plaintiff, Morris Martin, an inmate of the State Prison of Southern Michigan in Jackson, brought *556 an action in Ingham Circuit Court, seeking a declaratory judgment to determine the validity and applicability of an agency rule and to review an adverse and final decision…”

Michigan Ass'n of Home Builders v. Director of Department of Labor & Economic Growth (2007) michctapp · cites it 3× “Nonetheless, in the event that the court finds that the factual record does not support the department’s action, or that the department has not considered all relevant factors, or that the rules cannot be evaluated on the basis of the available record, the court should remand…”

Universal Am-Can Ltd. v. Attorney General (1992) michctapp · cites it 2× “560(163) and MCL 24.264; MSA 3.560(164) mandate that declaratory actions be filed with the administrative tribunal in the first instance, rather than with the circuit court.”

Citizens for Common Sense in Government v. Attorney General (2000) michctapp “MCL 24.264; MSA 3.560(164). If the plaintiff had sought, and the Secretary of State had issued, a ruling, that ruling would have been subject to judicial review under MCL 24.”

Michigan Ass'n of Home Builders v. Department of Labor & Economic Growth Director (2008) mich “” 1 MCL 24.264 allows a plaintiff to challenge the validity of a rule in an action for a declaratory judgment.”

International Business MacHines Corp. v. Department of Treasury (1977) michctapp “Our Legislature has incorporated that requirement into the Administrative Procedures Act, § 64 and § 101; MCLA 24.264, 24.301; *609 MSA 3.560(164), 3.”

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