HB-4326, As Passed Senate, November 10, 2011

SENATE SUBSTITUTE FOR

HOUSE BILL NO. 4326

     A bill to amend 1969 PA 306, entitled

"Administrative procedures act of 1969,"

by amending section 32 (MCL 24.232).

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 32. (1) Definitions of words and phrases and rules of

construction prescribed in any statute , and which that are made

applicable to all statutes of this state , also apply to rules

unless clearly indicated to the contrary.

     (2) A rule or exception to a rule shall not discriminate in

favor of or against any person. , and a A person affected by a rule

is entitled to the same benefits as any other person under the same

or similar circumstances.

     (3) The violation of a rule is a crime when so provided by

statute. A Unless provided for by statute, a rule shall not make an

act or omission to act a crime or designate an act or omission as a

crime and shall not prescribe a criminal penalty for violation of a

rule.

     (4) An agency may adopt, by reference in its rules and without

publishing the adopted matter in full, all or any part of a code,

standard or regulation which that has been adopted by an agency of

the United States or by a nationally recognized organization or

association. The reference shall fully identify the adopted matter

by date and otherwise. The reference shall not cover any later

amendments and editions of the adopted matter, but if the agency

wishes to incorporate them in its rule, it shall amend do so by

amending the rule or promulgate promulgating a new rule. therefor.

The agency shall have available copies of the adopted matter for

inspection and distribution to the public at cost, and the rules

shall state where copies of the adopted matter are available from

the agency and the agency of the United States or the national

organization or association and the cost thereof of a copy as of

the time the rule is adopted.

     (5) Except for an emergency rule promulgated under section 48,

if the federal government has mandated that this state promulgate

rules, an agency shall not promulgate or adopt a rule more

stringent than the applicable federally mandated standard unless

specifically authorized by Michigan statute.

     (6) Except for an emergency rule promulgated under section 48,

if the federal government has not mandated that this state

promulgate rules, an agency shall not promulgate or adopt a rule

more stringent than the applicable federal standard unless

specifically authorized by Michigan statute.

     Enacting section 1. This amendatory act takes effect February

1, 2012.