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Administrative Rule Making Process

This document provides a comprehensive overview of the administrative rule-making process as discussed during the ASAC meeting on May 28, 2008. It outlines the multistep journey from an idea to regulation, emphasizing the key roles of various acronyms including APA, JCAR, and SOAHR. The presentation by John Ferris, Jr., a Health Physicist, also delves into the necessary approvals, public hearings, and the importance of regulatory impact statements. This guide serves as a crucial resource for understanding how administrative rules are developed and enacted in Michigan.

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Administrative Rule Making Process

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  1. Administrative Rule Making Process in a nutshell ASAC Meeting, May 28, 2008

  2. Introduction • Presented by • John Ferris, Jr., Health Physicist • Department of Community Health • Radiation Safety Section • www.michigan.gov/rss • jeferri@michigan.gov • Phone: 313 456-4660 ASAC Meeting, May 28, 2008

  3. From Idea to Rule • How do we get there? • Multistep process ASAC Meeting, May 28, 2008

  4. ACRONYMS • APA – Administrative Procedures Act • JCAR – Joint Committee on Administrative Rules • LSB – Legislative Service Bureau • ORR - Office of Regulatory Reform • RAO – Regulatory Affairs Officer • RFR – Request for Rulemaking • RIS – Regulatory Impact Statement • RPAF – Rulemaking Policy Analysis Form • SOAHR – State Office of Administrative Hearings and Rules ASAC Meeting, May 28, 2008

  5. Administrative Procedures Act • Public Acts • PA 262 of 1999 • PA 263 of 1999 • PA 264 of 1999 • Executive Order 2005-1 • Created SOAHR (formerly ORR) • SOAHR is in DLEG ASAC Meeting, May 28, 2008

  6. Process • With administrative rules, timing is everything • Landmines ASAC Meeting, May 28, 2008

  7. New Rules • Public Request • Advisory Boards • Commissions • Legal Mandate • Departmental Agency ASAC Meeting, May 28, 2008

  8. Request for Rulemaking(RFR) • RAO approval required (Dept.) • SOAHR approval required • Post RFR on their web site • RFR 2008-015 • RFR 2008-016 • RFR 2008-017 • JCAR notified ASAC Meeting, May 28, 2008

  9. Draft Rules/approval/submission • Proposed rules • Format must follow LSB style guide • SOAHR assigns rule numbers • RAO approval • SOAHR approval • For legal authority • Follow intent of the RFR • SOAHR will • Deny approval to proceed • Request changes, or • Grant approval and forward to LSB for an informal review ASAC Meeting, May 28, 2008

  10. Draft Rules/approval/submission • LSB reviews and edits • Form • Classification • Arrangement • Agency makes changes • SOAHR approved • Send copy to JCAR • Post a copy on their web site ASAC Meeting, May 28, 2008

  11. Regulatory Impact Statement (RIS) • The “why” and “$” document • RIS filed with SOAHR • At least 28 days prior to the first public hearing • Rule Making Policy Analysis Form (RPAF) • SOAHR • Posts RIS on their web site • Notify JCAR ASAC Meeting, May 28, 2008

  12. Public Hearing Notice • Published in three newspapers • General circulation • One paper in UP • Not less than 10 days nor more than 60 days prior to the hearing • Michigan Register • Copy of the draft rules • Hearing Dates • JCAR notified ASAC Meeting, May 28, 2008

  13. Post Public Hearing • Request for changes reviewed • Public hearing transcript • Written commentary from public • Changes • Substantive changes require a new public hearing • Non-substantive changes, changes approved by SOAHR or changes requested by SOAHR do not require another public hearing ASAC Meeting, May 28, 2008

  14. Formal Certification • RAO completes a JCAR Agency Report • Includes a synopsis of public comments and any changes made • LSB legal certification • Form • Classification • Arrangement • SOAHR legal certification • Statutory authority • Constitutional rights violations • APA conformity • SOAHR posts certified rules on web • SOAHR completes the JCAR package ASAC Meeting, May 28, 2008

  15. JCAR • JCAR package submitted within 1 year after public hearing • JCAR has 15 session days to review • Notice of Objection • No objection ASAC Meeting, May 28, 2008

  16. Rules FiledThe Office of the Great Seal ASAC Meeting, May 28, 2008

  17. SOAHR Contacts • www.michigan.gov/soahr • SOAHR_Rules@michigan.gov ASAC Meeting, May 28, 2008

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