HB-4240, As Passed Senate, December 6, 2011

SENATE SUBSTITUTE FOR

HOUSE BILL NO. 4240

     A bill to amend 1969 PA 306, entitled

"Administrative procedures act of 1969,"

by amending section 32 (MCL 24.232).

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 32. (1) Definitions of words and phrases and rules of

construction prescribed in any statute , and which that are made

applicable to all statutes of this state , also apply to rules

unless clearly indicated to the contrary.

     (2) A rule or exception to a rule shall not discriminate in

favor of or against any person. , and a A person affected by a rule

is entitled to the same benefits as any other person under the same

or similar circumstances.

     (3) The violation of a rule is a crime when so provided by

statute. A rule shall not make an act or omission to act a crime or

prescribe a criminal penalty for violation of a rule.

     (4) An agency may adopt, by reference in its rules and without

publishing the adopted matter in full, all or any part of a code,

standard or regulation which that has been adopted by an agency of

the United States or by a nationally recognized organization or

association. The reference shall fully identify the adopted matter

by date and otherwise. The reference shall not cover any later

amendments and editions of the adopted matter, but if the agency

wishes to incorporate them in its rule it shall amend the rule or

promulgate a new rule therefor. The agency shall have available

copies of the adopted matter for inspection and distribution to the

public at cost and the rules shall state where copies of the

adopted matter are available from the agency and the agency of the

United States or the national organization or association and the

cost thereof of a copy as of the time the rule is adopted.

     (5) A guideline, operational memorandum, bulletin,

interpretive statement, or form with instructions is not

enforceable by an agency, is considered merely advisory, and shall

not be given the force and effect of law. An agency shall not rely

upon a guideline, operational memorandum, bulletin, interpretive

statement, or form with instructions to support the agency's

decision to act or refuse to act if that decision is subject to

judicial review. A court shall not rely upon a guideline,

operational memorandum, bulletin, interpretive statement, or form

with instructions to uphold an agency decision to act or refuse to

act.

     (6) Where a statute provides that an agency may proceed by

rule-making or by order and an agency proceeds by order in lieu of

rule-making, the order shall not be given general applicability to

persons who were not parties to the proceeding or contested case

before the issuance of the order, unless the order was issued after

public notice and a public hearing.

     (7) A rule shall not exceed the rule-making delegation

contained in the statute authorizing the rule-making.