Administrative Rule Making Process

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Administrative Rule Making Process

• in a nutshell

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Introduction

• Presented by
• John Ferris, Jr., Health Physicist
• Department of Community Health
• Radiation Safety Section
• www.michigan.gov/rss
• jeferri_at_michigan.gov
• Phone [phone]

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From Idea to Rule

• How do we get there?
• Multistep process

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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

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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

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Process

• With administrative rules, timing is everything
• Landmines

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New Rules

• Public Request
• Advisory Boards
• Commissions
• Legal Mandate
• Departmental Agency

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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

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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

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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

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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

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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

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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

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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

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JCAR

• JCAR package submitted within 1 year after public
  hearing
• JCAR has 15 session days to review
• Notice of Objection
• No objection

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Rules FiledThe Office of the Great Seal
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SOAHR Contacts

• www.michigan.gov/soahr
• SOAHR_Rules_at_michigan.gov