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

Mich. Comp. Laws § 24.315

Exemptions.

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ADMINISTRATIVE PROCEDURES ACT OF 1969


Act 306 of 1969


24.315 Exemptions.

Sec. 115.

    (1) Chapters 4 and 6 do not apply to proceedings conducted under the worker's disability compensation act of 1969, Act No. 317 of the Public Acts of 1969, being sections 418.101 to 418.941 of the Michigan Compiled Laws.

    (2) Chapters 4 and 8 do not apply to a hearing conducted by the department of corrections pursuant to chapter IIIA of Act No. 232 of the Public Acts of 1953, being sections 791.251 to 791.256 of the Michigan Compiled Laws.

    (3) Chapter 8 does not apply to any of the following:

    (a) A contested case or other proceeding regarding the granting or renewing of an operator's or chauffeur's license by the secretary of state.

    (b) Proceedings conducted by the Michigan employment relations commission.

    (c) Worker's disability compensation proceedings under Act No. 317 of the Public Acts of 1969.

    (d) Unemployment compensation hearings under the Michigan employment security act, Act No. 1 of the Public Acts of the Extra Session of 1936, being sections 421.1 to 421.75 of the Michigan Compiled Laws.

    (e) Family independence agency public assistance hearings under section 9 of the social welfare act, Act No. 280 of the Public Acts of 1939, being section 400.9 of the Michigan Compiled Laws.

    (4) Chapter 6 does not apply to final decisions or orders rendered under article 15 of the public health code, Act No. 368 of the Public Acts of 1978, being sections 333.16101 to 333.18838 of the Michigan Compiled Laws.

    (5) Chapters 2, 3, and 5 do not apply to the municipal employees retirement system and retirement board created by the municipal employees retirement act of 1984, Act No. 427 of the Public Acts of 1984, being sections 38.1501 to 38.1555 of the Michigan Compiled Laws, on and after August 15, 1996.

    (6) Until the expiration of 12 months after the effective date of the amendatory act that added this subsection, chapters 2, 3, and 5 do not apply to the establishment, implementation, administration, operation, investment, or distribution of a Tier 2 retirement plan established pursuant to section 401(k) of the internal revenue code under the state employees' retirement act, Act No. 240 of the Public Acts of 1943, being sections 38.1 to 38.69 of the Michigan Compiled Laws. Upon the expiration of 12 months after the effective date of the amendatory act that added this subsection, rules and guidelines promulgated or processed under this subsection are not effective and binding unless promulgated and processed in accordance with this act.

    (7) Until the expiration of 12 months after the effective date of the amendatory act that added this subsection, chapters 2, 3, and 5 do not apply to the establishment, implementation, administration, operation, investment, or distribution of a Tier 2 retirement plan established pursuant to section 403(b) of the internal revenue code under the public school employees retirement act of 1979, Act No. 300 of the Public Acts of 1980, being sections 38.1301 to 38.1437 of the Michigan Compiled Laws. Upon the expiration of 12 months after the effective date of the amendatory act that added this subsection, rules and guidelines promulgated or processed under this subsection are not effective and binding unless promulgated and processed in accordance with this act.

    (8) Until the expiration of 12 months after the effective date of the amendatory act that added this subsection, chapters 2, 3, and 5 do not apply to the establishment, implementation, administration, operation, investment, or distribution of a Tier 2 retirement plan established pursuant to the internal revenue code under the Michigan legislative retirement system act, Act No. 261 of the Public Acts of 1957, being sections 38.1001 to 38.1080 of the Michigan Compiled Laws. Upon the expiration of 12 months after the effective date of the amendatory act that added this subsection, rules and guidelines promulgated or processed under this subsection are not effective and binding unless promulgated and processed in accordance with this act.

History: Add. 1970, Act 40, Imd. Eff. July 1, 1970 ;-- Am. 1979, Act 139, Imd. Eff. Nov. 7, 1979 ;-- Am. 1984, Act 196, Imd. Eff. July 3, 1984 ;-- Am. 1988, Act 85, Imd. Eff. Mar. 29, 1988 ;-- Am. 1993, Act 83, Eff. Apr. 1, 1994 ;-- Am. 1996, Act 222, Eff. Aug. 15, 1996 ;-- Am. 1996, Act 489, Eff. Mar. 31, 1997

Compiler's Notes:

    Section 2 of Act 85 of 1988 provides: “This amendatory act shall apply to any matter or proceeding pending on the effective date of this amendatory act and to any matter for which an application under section 847 of Act No. 317 of the Public Acts of 1969, being section 418.847 of the Michigan Compiled Laws, has been filed after March 31, 1986.”

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Act 306

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APA
Notes of Decisions
Cited in 12 cases (1 in the last 5 years), 1973–2021 · leading case: Walen v. Department of Corrections
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Walen v. Department of Corrections (1993) mich · cites it 4× “The trial court granted defendant's motion for summary disposition, holding that the FOIA publication requirement did not apply to department disciplinary hearings, and that only the affected prisoner could mandate a copy of the proceeding.”
Department of Community Health v. Risch (2007) michctapp · cites it 2× “See MCL 24.315(4). 2 Thus, the legislatively enacted standard of review of MCL 24.”
Martin v. Department of Corrections (1986) mich · cites it 2× “In many respects, the Michigan Administrative Procedures Act closely parallels the Model State Administrative Procedures Act drafted by the National Conference of Commissioners of Uniform State Laws.”
Penn v. Department of Corrections (1980) michctapp · cites it 2× “The Legislature has, since this action began, clarified matters by the passage of 1979 PA 139 , which amended MCL 24.315; MSA 3.560(215) to read as follows: *539 "Chapters 4 and 6 shall not apply to the bureau of worker's disability compensation or the worker's disability…”
Michigan Farm Bureau v. Bureau of Workmen's Compensation (1980) mich “16 MCL 24.315; MSA 3.560(215). 17 "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 * * MCL 24.”
Greer v. John E. Green Plumbing & Heating Co. (1977) michctapp · cites it 2× “See MCLA 24.315; MSA 3.560(215) and Report of Administrative Law Commission on Proposed Changes to Act 306, Public Acts of 1969, pp 25-26.”
King v. Caruso (2008) mied “5, Administrative Procedures Act of 1969 § 24.315(2)). MCL 791.206(l)(a) and (d) give to the Director of the MDOC the discretion to promulgate rules for the control, management and operation of the general affairs of the department as well as for the management and control of…”
Dean v. Great Lakes Casting Co. (1977) michctapp “560(187), for agencies other than the Workmen’s Compensation Bureau, MCLA 24.315; MSA 3.560(215).”
Walen v. Department of Corrections (1991) michctapp · cites it 3× “MCL 24.315; MSA 3.560(215). Historically, the disclosure requirements of the foia, specifically MCL 15.”
Michigan Farm Bureau v. Bureau of Workmen's Compensation (1977) michctapp “This construction is consistent with § 315 of the APA; MCLA 24.315; MSA 3.560(215), which expressly exempts the Bureau from the requirements of chapters 4 and 6 of the APA, those chapters which control procedure and judicial review in contested cases.”
Irving Parents' & Landowners' Ass'n v. State Board of Education (1973) michctapp “MCLA 24.315; MSA 3.560(215). Contrast, § 38 of the Michigan Employment Security Act, MCLA 421.”
Joseph Ayotte v. Department of Health and Human Services (2021) michctapp “However, defendant did not raise its argument that Title IV-E cases are exempt from an award of attorney fees under MCL 24.315(3)(e), and the trial court did not rule on the issue.”
— Mich. Comp. Laws § 24.315(2) — 1 case
King v. Caruso (2008) mied “5, Administrative Procedures Act of 1969 § 24.315(2)). MCL 791.206(l)(a) and (d) give to the Director of the MDOC the discretion to promulgate rules for the control, management and operation of the general affairs of the department as well as for the management and control of…”
— Mich. Comp. Laws § 24.315(3)(e) — 1 case
Joseph Ayotte v. Department of Health and Human Services (2021) michctapp “However, defendant did not raise its argument that Title IV-E cases are exempt from an award of attorney fees under MCL 24.315(3)(e), and the trial court did not rule on the issue.”
— Mich. Comp. Laws § 24.315(4) — 1 case
Department of Community Health v. Risch (2007) michctapp “See MCL 24.315(4). 2 Thus, the legislatively enacted standard of review of MCL 24.”
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