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MI HB5048
Bill
Status
9/28/2017
Primary Sponsor
Beau LaFave
Click for details
AI Summary
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Changes mandatory language in Section 32 of the Administrative Procedures Act from "shall" to "must" throughout the statute for consistency in legal drafting.
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Adds new subsection (7) requiring agencies to obtain explicit and unequivocal statutory authority before proceeding with rule-making, preventing agencies from relying on implied or ambiguous grant of authority.
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Renumbers former subsection (7) regarding rule-making delegation limits to subsection (8), clarifying that rules cannot exceed the scope of authority granted by statute.
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Makes technical corrections to language including changing "where" to "if," "in lieu of" to "instead of," "upon" to "on," "as of" to "at," and "therefor" to "to do so" for improved clarity.
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Preserves existing protections including non-discrimination requirements for rules, prohibition on criminal penalties through rules, and the advisory-only status of agency guidelines and interpretive statements.
Legislative Description
Administrative procedure; rules; rule-making; prohibit when authority is not expressly stated in statute. Amends sec. 32 of 1969 PA 306 (MCL 24.232).
State agencies (existing): generally
Last Action
Bill Electronically Reproduced 09/28/2017
10/3/2017