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MI HB4240
Bill
Status
12/28/2011
Primary Sponsor
Sharon Tyler
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AI Summary
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Clarifies that guidelines, operational memoranda, bulletins, interpretive statements, and forms with instructions are advisory only and cannot be enforced by agencies or given the force of law.
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Prohibits agencies from relying on advisory materials to support decisions subject to judicial review, and prohibits courts from using such materials to uphold agency decisions.
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Requires that when an agency proceeds by order instead of rule-making where statute allows either method, the order cannot apply generally to non-parties unless issued after public notice and hearing.
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Establishes that rules cannot exceed the rule-making authority granted by the authorizing statute.
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Effective date: December 19, 2011.
Legislative Description
Administrative procedure; rules; use of certain orders, bulletins, and guidelines; establish limit. Amends sec. 32 of 1969 PA 306 (MCL 24.232 et seq.).
State agencies (existing), energy, labor, and economic growth
Last Action
Assigned Pa 270'11 With Immediate Effect
12/28/2011