Section 24.245a - Joint committee on administrative rules; review; filing notice of objection; effect; actions by legislature; filing of rules by office of regulatory reform; effective date of rules;
ADMINISTRATIVE PROCEDURES ACT OF 1969 (EXCERPT)
Act 306 of 1969
24.245a Joint committee on administrative rules; review; filing notice of objection; effect; actions by legislature; filing of rules by office of regulatory reform; effective date of rules; withdrawal and resubmission of rules; "session day" defined.
Sec. 45a.
(1) Except as otherwise provided for in subsections (7) and (8), after receipt by the committee of the notice of transmittal specified in section 45(2), the committee has 15 session days in which to consider the rule and to object to the rule by filing a notice of objection approved by a concurrent majority of the committee members or the committee may, by concurrent majority, waive the remaining session days. If the committee waives the remaining session days, the clerk of the committee shall promptly notify the office of regulatory reform of the waiver by electronic transmission. A notice of objection may only be approved by the committee if the committee affirmatively determines by a concurrent majority that 1 or more of the following conditions exist:
(a) The agency lacks statutory authority for the rule.
(b) The agency is exceeding the statutory scope of its rule-making authority.
(c) There exists an emergency relating to the public health, safety, and welfare that would warrant disapproval of the rule.
(d) The rule is in conflict with state law.
(e) A substantial change in circumstances has occurred since enactment of the law upon which the proposed rule is based.
(f) The rule is arbitrary or capricious.
(g) The rule is unduly burdensome to the public or to a licensee licensed by the rule.
(2) If the committee does not file a notice of objection within the time period prescribed in subsection (1) or if the committee waives the remaining session days by concurrent majority, the office of regulatory reform may immediately file the rule, with the certificate of approval required under section 45(1), with the secretary of state. The rule shall take effect immediately upon its filing unless a later date is indicated within the rule.
(3) If the committee files a notice of objection within the time period prescribed in subsection (1), the committee chair, the alternate chair, or any member of the committee shall cause bills to be introduced in both houses of the legislature simultaneously. Each house shall place the bill or bills directly on its calendar. The bills shall contain 1 or more of the following:
(a) A rescission of a rule upon its effective date.
(b) A repeal of the statutory provision under which the rule was authorized.
(c) A bill staying the effective date of the proposed rule for up to 1 year.
(4) The notice of objection filed under subsection (3) stays the ability of the office of regulatory reform to file the rule with the secretary of state until the earlier of the following:
(a) Fifteen session days after the notice of objection is filed under subsection (3).
(b) The date of the rescission of the issuance of the notice of objection, approved by a concurrent majority of the committee members. The committee may meet to rescind the issuance of the notice of objection under this subdivision. If the committee rescinds the issuance of a notice of objection under this subdivision, the clerk of the committee shall promptly notify the office of regulatory reform by electronic transmission of the recission.
(5) If the legislation introduced pursuant to subsection (3) is defeated in either house and if the vote by which the legislation failed to pass is not reconsidered in compliance with the rules of that house, or if legislation introduced pursuant to subsection (3) is not adopted by both houses within the time period specified in subsection (4), the office of regulatory reform may file the rule with the secretary of state. The rule shall take effect immediately upon filing with the secretary of state unless a later date is specified within the rule.
(6) If the legislation introduced pursuant to subsection (3) is enacted by the legislature and presented to the governor within the 15-session-day period, the rules do not become effective unless the legislation is vetoed by the governor as provided by law. If the governor vetoes the legislation, the office of regulatory reform may file the rules immediately. The rule shall take effect 7 days after the date of its filing unless a later effective date is indicated within the rule.
(7) An agency may withdraw a proposed rule under the following conditions:
(a) With permission of the committee chair and alternate chair, the agency may withdraw the rule and resubmit it. If permission to withdraw is granted, the 15-session-day time period described in subsection (1) is tolled until the rule is resubmitted, except that the committee shall have at least 6 session days after resubmission to consider the resubmitted rule.
(b) Without permission of the committee chair and alternate chair, the agency may withdraw the rule and resubmit it. If permission to withdraw is not granted, a new and untolled 15-session-day time period described in subsection (1) shall begin upon resubmission of the rule to the committee for consideration.
(8) Subsections (1) through (5) do not apply to rules adopted under sections 33, 44, and 48.
(9) As used in this section only, "session day" means each day in which both the house of representatives and the senate convene in session.
History: Add. 1999, Act 262, Eff. Apr. 1, 2000 ;-- Am. 2004, Act 23, Imd. Eff. Mar. 10, 2004 ;-- 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."
Popular Name: Act 306
Popular Name: APA