Michigan Licensing Law
What is a Rule?
Federal Employee Polygraph Protection Act
What is a Rule?
An administrative rule is an agency's written regulation, statement, standard, policy, ruling, or instruction that has the effect of law. A state agency writes rules under authority of state statute, the Michigan Administrative Procedures Act, the Michigan Constitution, and applicable federal law.
The Administrative Procedures Act, Act No. 306 of the Public Acts of 1969, being MCL 24.201 et seq., defines the term "rule" as follows:
Sec. 7. " Rule " means an agency regulation, statement, standard, policy, ruling, or instruction of general applicability that implements or applies law enforced or administered by the agency, or that prescribes the organization, procedure, or practice of the agency, including the amendment, suspension, or rescission of the law enforced or administered by the agency. Rule does not include any of the following:
- A resolution or order of the state administrative board.
- A formal opinion of the attorney general.
- A rule or order establishing or fixing rates or tariffs.
- A rule or order pertaining to game and fish and promulgated under parts 401, 411, and 487 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.40101 to 324.40119, 324.41101 to 324.41105, and 324.48701 to 324.48740. e. A rule relating to the use of streets or highways, the substance of which is indicated to the public by means of signs or signals.
- A determination, decision, or order in a contested case.
- An intergovernmental, interagency, or intra-agency memorandum, directive, or communication that does not affect the rights of, or procedures and practices available to, the public.
- A form with instructions, an interpretive statement, a guideline, an informational pamphlet, or other material that in itself does not have the force and effect of law but is merely explanatory.
- A declaratory ruling or other disposition of a particular matter as applied to a specific set of facts involved.
- A decision by an agency to exercise or not to exercise a permissive statutory power, although private rights or interests are affected.
- Unless another statute requires a rule to be promulgated under this act, a rule or policy that only concerns the inmates of a state correctional facility and does not directly affect other members of the public, except that a rule that only concerns inmates which was promulgated before December 4, 1986, shall be considered a rule and shall remain in effect until rescinded but shall not be amended. As used in this subdivision, "state correctional facility" means a facility or institution that houses an inmate population under the jurisdiction of the department of corrections.
- All of the following, after final approval by the certificate of need commission or the statewide health coordinating council under section 22215 or 22217 of the public health code, 1978 PA 368, MCL 333.22215 and 333.22217:
- The designation, deletion, or revision of covered medical equipment and covered clinical services.
- Certificate of need review standards.
- Data reporting requirements and criteria for determining health facility viability.
- Standards used by the department of community health in designating a regional certificate of need review agency.
- The modification of the 100 licensed bed limitation for short-term nursing care programs set forth in section 22210 of the public health code, 1978 PA 368, MCL 333.22210.
- A policy developed by the family independence agency under section 6(3) of the social welfare act, 1939 PA 250, MCL 400.6, setting income and asset limits, types of income and assets to be considered for eligibility, and payment standards for administration of assistance programs under that act.
- A policy developed by the family independence agency under section 6(4) of the social welfare act, 1939 PA 280, MCL 400.6, to implement requirements that are mandated by federal statute or regulations as a condition of receipt of federal funds.
- The provisions of an agency's contract with a public or private entity including, but not limited to, the provisions of an agency 's standard form contract.
A policy developed by the department of community health under the authority granted in section 111a of the social welfare act, 1939 PA 280, MCL 400.111a, to implement policies and procedures necessary to operate its health care programs in accordance with an approved state plan or in compliance with state statute.
History: 1969, Act 306, Eff. July 1, 1970 ;--Am. 1986, Act 243, Imd. Eff. Dec. 4, 1986 ;--Am. 1988, Act 333, Imd. Eff. Sept. 30, 1988 ;--Am. 1988, Act 363, Imd. Eff. Dec. 16, 1988 ;--Am. 1989, Act 288, Imd. Eff. Dec. 26, 1989 ;--Am. 1995, Act 224, Eff. Mar. 28, 1996 ;--Am. 1996, Act 489, Eff. Mar. 31, 1997 ;--Am. 1999, Act 262, Eff. Apr. 1, 2000. Popular Name: Act 306