February 23, 2011, Introduced by Reps. Farrington, Lyons, Opsommer, Horn, Genetski, Somerville, MacMaster, McMillin, O'Brien, Muxlow, Zorn, Price and Walsh and referred to the Committee on Regulatory Reform.
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) An agency shall not promulgate or adopt a rule more
stringent than the applicable federal standard unless specifically
authorized by statute.