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HB-5815, As Passed House, June 9, 2026
RMH H04541'25_HB5815_APH_1 405yj8
HOUSE BILL NO. 5815
A bill to amend 1969 PA 306, entitled
"Administrative procedures act of 1969,"
by amending section 61 (MCL 24.261), as amended by 1982 PA 413.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 61. (1) The filing of a rule under this act raises a 1
rebuttable presumption that the rule was adopted, filed with the 2
secretary of state, and made available for public inspection as 3
required by this act. 4
(2) The publication of a rule in the Michigan register, 5
Register, the Michigan administrative code, Administrative Code, or 6
April 16, 2026, Introduced by Reps. Wozniak, Aragona, DeBoyer, Johnsen, Kunse, Prestin, Roth,
Borton, Schmaltz, Thompson, Cavitt, St. Germaine, Paquette, Wortz, Green, Bierlein, Harris,
Smit, Bruck, Hoadley, Meerman and Kelly and referred to Committee on Rules.
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Final Page
RMH H04541'25_HB5815_APH_1 405yj8
in an annual supplement to the code Michigan Administrative Code 1
raises a rebuttable presumption that all of the following apply: 2
(a) The rule was adopted, filed with the secretary of state, 3
and made available for public inspection as required by this act. 4
(b) The rule printed in the publication is a true and correct 5
copy of the promulgated rule. 6
(c) All requirements of this act relative to the rule have 7
been were complied with. 8
(3) The courts shall take judicial notice of a rule which that 9
becomes effective under this act. 10
(4) The courts shall exercise independent judgment in deciding 11
whether an agency has acted within its statutory authority for 12
promulgating rules. The courts shall not defer to an agency's 13
interpretation of the law when a statute is ambiguous. 14