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HB-5818, As Passed House, June 9, 2026
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HOUSE BILL NO. 5818
A bill to amend 1969 PA 306, entitled
"Administrative procedures act of 1969,"
by amending sections 3, 5, 33, 44, 46, 47, and 52 (MCL 24.203,
24.205, 24.233, 24.244, 24.246, 24.247, and 24.252), section 3 as
amended by 2022 PA 221, section 5 as amended by 2016 PA 513,
sections 33, 44, and 47 as amended by 2024 PA 9, section 46 as
amended by 2006 PA 247, and section 52 as amended by 2004 PA 491,
and by adding sections 67, 67a, and 67b; and to repeal acts and
parts of acts.
April 16, 2026, Introduced by Reps. Schuette, Wozniak, Aragona, DeBoyer, Johnsen, Kunse,
Prestin, Roth, Borton, Schmaltz, Thompson, Cavitt, St. Germaine, Paquette, Wortz, Green,
Bierlein, Harris, Smit, Bruck, Kelly, Hoadley and Meerman and referred to Comm ittee on
Rules.
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THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 3. As used in this act: 1
(a) (1) "Adoption of a rule" "Adoption", for a rule, means 2
that step in the processing of a rule consisting that consists of 3
the formal action of an agency establishing a the rule before its 4
promulgation. 5
(b) (2) "Agency" means a state department, bureau, division, 6
section, board, commission, trustee, authority or officer, created 7
by the constitution, statute, or agency action. Subject to section 8
115(5), agency includes the municipal employees retirement system 9
and the retirement board created by the municipal employees 10
retirement act of 1984, 1984 PA 427, MCL 38.1501 to 38.1555. Agency 11
does not include an any of the following: 12
(i) An agency in the legislative or judicial branch of state 13
government. , the 14
(ii) The governor. , an 15
(iii) An agency having that has direct governing control over an 16
institution of higher education. , the 17
(iv) The state civil service commission. , or an 18
(v) An association of insurers created or any other 19
association or facility formed as a nonprofit organization of 20
insurer members under the insurance code of 1956, 1956 PA 218, MCL 21
500.100 to 500.8302. , or other association or facility formed 22
under that act as a nonprofit organization of insurer members. 23
(c) "Committee" means the joint committee on regulatory 24
oversight and administrative review created under section 67. 25
(d) (3) "Contested case", except as provided in section 122, 26
means a proceeding, including rate-making, price-fixing, and 27
licensing, in which a determination of the legal rights, duties, or 28
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privileges of a named party is required by law to be made by an 1
agency after an opportunity for an evidentiary hearing. When a 2
hearing is held before an agency and an appeal from its decision is 3
taken to another agency, the hearing and the appeal are considered 4
a continuous proceeding as though before a single agency. 5
(4) "Committee" means the joint committee on administrative 6
rules. 7
(e) (5) "Court" means the circuit court. 8
(f) (6) "Decision record" means, in regard to regarding a 9
request for rule-making where rulemaking if an agency receives 10
recommendations or comments by an advisory committee or other 11
advisory entity created by statute, both of the following: 12
(i) (a) The minutes of all meetings related to the request for 13
rule-making.rulemaking. 14
(ii) (b) The votes of members. 15
(g) (7) "Guideline" means an agency statement or declaration 16
of policy that the agency intends to follow , that does not have 17
the force or effect of law , and that binds the agency but does not 18
bind any other person. 19
Sec. 5. As used in this act: 20
(a) "License" includes the whole or part of an agency permit, 21
certificate, approval, registration, charter, or similar form of 22
permission required by law. License does not include a license 23
required solely for revenue purposes or a license or registration 24
issued under the Michigan vehicle code, 1949 PA 300, MCL 257.1 to 25
257.923. 26
(b) "Licensing" includes agency activity involving the grant, 27
denial, renewal, suspension, revocation, annulment, withdrawal, 28
recall, cancellation, or amendment of a license. 29
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(c) "Major rule" means a rule that will result in or is likely 1
to result in 1 or more of the following: 2
(i) An annual economic impact of $1,000,000.00 or more. 3
(ii) Significant adverse effects on competition, employment, 4
investment, productivity, or innovation, including significant 5
adverse effects on individual industries or regions. 6
(iii) Significant changes in social and cultural relations among 7
citizens, including significant impact on religious, ethnic, 8
racial, or gender populations. 9
(d) (c) "Michigan register" Register" means the publication 10
described in section 8. 11
(e) "Nonmajor rule" means a rule that is not a major rule. 12
(f) (d) "Notice" means a written or electronic record that 13
informs a person of past or future action of the person generating 14
the record. 15
(e) "Notice of objection" means the record adopted by the 16
committee that indicates the committee's formal objection to a 17
proposed rule. 18
(g) (f) "Office" means, unless expressly stated otherwise, the 19
Michigan office of performance and transformation. 20
(g) "Office administrative hearings and rules. The use in this 21
act of "office of regulatory reform", "state office of 22
administrative hearings and rules", and or "office of regulatory 23
reinvention" mean means the office. 24
(h) "Party", except as provided in section 122, means a person 25
or agency named, admitted, or properly seeking and entitled of 26
right to be admitted, as a party in a contested case. In a 27
contested case regarding an application for a license, party 28
includes the applicant for the license. 29
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(i) "Person" means an individual, partnership, association, 1
corporation, limited liability company, limited liability 2
partnership, governmental subdivision, or public or private 3
organization of any kind other than the agency engaged in the 4
particular processing of a rule, declaratory ruling, or contested 5
case. 6
(j) "Processing of a rule" means the action required or 7
authorized by this act regarding a rule that is to be promulgated, 8
including the rule's adoption, and ending with the rule's 9
promulgation. 10
(k) "Promulgation of a rule" "Promulgation" means that step in 11
the processing of a rule consisting of the filing of the rule with 12
the secretary of state. 13
(l) "Record" means information that is inscribed on a paper or 14
electronic medium. 15
Sec. 33. (1) An agency shall promulgate rules describing its 16
organization and stating the general course and method of its 17
operations. The agency may include in the rules forms with 18
instructions. Sections 41, 42, and 45 , and 45a do not apply to 19
promulgation of the rules. 20
(2) An agency shall promulgate rules prescribing its the 21
agency's procedures available to the public and the methods by 22
which the public may obtain information and submit requests. 23
(3) An agency may promulgate rules prescribing procedures for 24
contested cases. The rules must be consistent with this act and 25
other applicable statutes. 26
Sec. 44. (1) Sections 41 and 42 do not apply to an amendment 27
or rescission of a rule that is obsolete or superseded, or that is 28
required to make obviously needed corrections to make the rule 29
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conform to an amended or new statute or to accomplish any other 1
solely formal purpose, if a statement to that effect is included in 2
the legislative service bureau certificate of approval of the rule 3
issued under section 45. 4
(2) Sections 41 and 42 do not apply to a rule that is 5
promulgated under the Michigan occupational safety and health act, 6
1974 PA 154, MCL 408.1001 to 408.1094, that is substantially 7
similar to an existing federal standard that has been adopted or 8
promulgated under the occupational safety and health act of 1970, 9
Public Law 91-596. However, notice of the proposed rule must be 10
published in the Michigan Register not less than 35 days before the 11
rule is filed with the secretary of state under section 46(1). A 12
reasonable period, not to exceed 21 days, must be provided for the 13
submission of written or electronic comments and views following 14
publication in the Michigan Register. 15
(3) Sections 41 and 42 do not apply to a change to a proposed 16
rule by an agency during processing of the rule if the office 17
determines under section 45c(3) that the regulatory impact and 18
impact on small businesses of the changed proposed rule are not 19
more burdensome than the regulatory impact and impact on small 20
businesses of the original proposed rule. 21
(3) (4) For purposes of subsection (2), "substantially 22
similar" means identical, with the exception of style or format 23
differences needed to conform to this or other state laws, as 24
determined by the office. 25
Sec. 46. (1) To promulgate a rule the state office of 26
administrative hearings and rules shall file in the office of the 27
secretary of state 3 copies of the rule bearing the required 28
certificates of approval and adoption, true copies of the rule 29
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without the certificates, and 1 electronic copy. The state office 1
of administrative hearings and rules shall not file a rule, except 2
an emergency rule under section 48 and rules processed under 3
sections 33 and 44, until the time periods period for committee and 4
legislative consideration of a nonmajor rule described in section 5
45a have 67b has elapsed or a concurrent resolution is authorized 6
by the legislature for a major rule as described in section 67c. 7
(2) The secretary of state shall endorse the date and hour of 8
filing of rules on the 3 copies of the filing bearing the 9
certificates and shall maintain a file containing 1 copy for public 10
inspection. 11
(3) The secretary of state, as often as he or she the 12
secretary considers it advisable, shall cause to be arranged and 13
bound in a substantial manner have the rules hereafter filed in his 14
or her office under this section, with their attached certificates, 15
arranged and bound in a substantial manner and published in a 16
supplement to the Michigan administrative code. Administrative 17
Code. The secretary of state shall certify under his or her the 18
secretary's hand and seal of the this state on the frontispiece of 19
each volume that it contains all of the rules filed and published 20
for a specified period. The rules, when so bound and certified, 21
shall must be kept in the office of the secretary of state and no 22
further record of the rules is required to be kept. The bound rules 23
are subject to public inspection. 24
Sec. 47. (1) Except for a rule processed under section 48, a 25
rule becomes effective on as follows: 26
(a) For a nonmajor rule, as follows: 27
(i) Subject to the requirements under section 67b, on December 28
31 of the even-numbered year after the nonmajor rule is submitted 29
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under a notice of transmittal to the committee under section 45. 1
the date fixed in the rule, which must not be earlier than 7 2
days after the date of promulgation, or, if a date is not fixed in 3
the rule, 7 days after the date of promulgation. 4
(ii) A date earlier than the date under subparagraph (i) if the 5
date is requested by the agency and stated in an approval of the 6
nonmajor rule by the committee under section 67b(1)(a). 7
(b) For a major rule, the effective date established in a 8
concurrent resolution authorized by the legislature as described in 9
section 67c. 10
(2) Except for a rule processed under section 48, an agency 11
may withdraw a promulgated rule that has not become effective by 12
filing a written request stating reasons for withdrawal to the 13
secretary of state on or before the last day for filing rules for 14
the interim period in which the rules were first filed, or by 15
filing a written request for withdrawal to the secretary of state 16
and the office, within a reasonable time, as determined by the 17
office, after the last day for filing and before publication of the 18
rule in the next supplement to the code. as provided in section 67b 19
or 67c. In any other circumstances, an agency may abrogate its rule 20
only by rescission. If an agency has withdrawn a promulgated rule, 21
it shall give notice, stating reasons, to the committee that the 22
rule has been withdrawn. 23
(3) Sections 45 and 45a apply to rules for which a public 24
hearing has not been held by April 1, 2000. 25
Sec. 52. (1) If authorized by concurrent resolution of the 26
legislature, the committee, acting between regular sessions of an 27
odd-numbered year and an even-numbered year, may suspend a rule or 28
a part of a rule promulgated during the interim between regular 29
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sessions. 1
(2) The committee shall electronically notify the agency 2
promulgating the rule, the secretary of state, and the office of 3
regulatory reform of any rule or part of a rule the committee 4
suspends. A rule or part of a rule suspended under this section 5
shall must not be published in the Michigan register Register or in 6
the Michigan administrative code Administrative Code while 7
suspended. 8
(3) A rule suspended by the committee continues to be 9
suspended not longer than the end of the next regular legislative 10
session. 11
(4) The committee shall not meet after a concurrent resolution 12
for sine die adjournment is adopted in the senate and the house of 13
representatives in an even-numbered year. 14
CHAPTER 3A 15
LEGISLATIVE RULES REVIEW COMMITTEE 16
Sec. 67. (1) The joint committee on regulatory oversight and 17
administrative review is created as a standing committee of the 18
legislature. 19
(2) The committee consists of 5 members of the senate and 5 20
members of the house of representatives, appointed in the same 21
manner that members of standing committees are appointed for terms 22
of 2 years. Of the 5 members in each house, 3 must be from the 23
majority party and 2 must be from the minority party. 24
(3) A member of the senate shall serve as the chairperson of 25
the committee in odd-numbered years and a member of the house of 26
representatives shall serve as the chairperson in even-numbered 27
years. 28
(4) Members of the committee shall serve without compensation 29
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but must be reimbursed for expenses incurred in the business of the 1
committee. The expenses of the members of the senate must be paid 2
from appropriations to the senate and the expenses of the members 3
of the house of representatives must be paid from appropriations to 4
the house of representatives. 5
(5) The committee shall adopt rules for the conduct of 6
business by the committee. The rules must not be contrary to any of 7
the following: 8
(a) The provisions of this act. 9
(b) Any other applicable law of this state that does not 10
conflict with this act. 11
(c) Any joint rule of the senate and the house of 12
representatives that does not conflict with this act. 13
(6) A simple majority of the members of the committee 14
appointed and serving constitute a quorum for the transaction of 15
business of the committee. A quorum is not necessary for the 16
committee to hear testimony or to entertain a motion to adjourn. 17
(7) A favorable vote of a simple majority of the members of 18
the committee appointed and serving is necessary for any action by 19
the committee, except that a motion to adjourn may be approved by a 20
majority of the members present. 21
Sec. 67a. (1) The committee may examine each rule in effect 22
and each proposed nonmajor rule submitted by notice of transmittal 23
to the committee under section 45 to determine whether any of the 24
following apply: 25
(a) The rule or proposed nonmajor rule is a valid exercise of 26
delegated legislative authority. 27
(b) Statutory authority for the rule or proposed nonmajor rule 28
has expired or been repealed. 29
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(c) The rule or proposed nonmajor rule is necessary to 1
accomplish the apparent or expressed intent of the specific statute 2
that the rule implements. 3
(d) The rule or proposed nonmajor rule is a reasonable 4
implementation of the law as it applies to any affected class of 5
persons. 6
(e) The agency complied with the rule promulgation process, 7
including, but not limited to, the regulatory impact statement 8
requirements of section 45 and the small business impact statement 9
required under section 40 and whether the agency's analyses in 10
those statements properly reflect the effect of the proposed 11
nonmajor rule. 12
(2) The committee may request from an agency information 13
necessary to exercise its powers under subsection (1). The 14
committee shall consult with standing committees of the legislature 15
with subject matter jurisdiction over the subjects of any rule or 16
proposed nonmajor rule under examination. 17
(3) The committee shall do both of the following: 18
(a) Maintain oversight over agency rulemaking. 19
(b) Exercise other duties assigned to it under law. 20
Sec. 67b. (1) Not later than December 31 of the even-numbered 21
year of the legislative term in which the committee receives a 22
notice of transmittal of a proposed nonmajor rule from an agency 23
under section 45, the committee may do 1 of the following: 24
(a) Approve the proposed nonmajor rule. If the committee 25
approves the proposed nonmajor rule, and if requested by the 26
agency, the committee may provide for an earlier effective date for 27
the proposed nonmajor rule than would otherwise apply under section 28
47. 29
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(b) Disapprove the proposed nonmajor rule and propose an 1
amendment to the rule. 2
(c) Disapprove the proposed nonmajor rule and require the 3
agency to propose an amendment to the rule. 4
(d) Determine that the proposed rule is a major rule, and 5
transmit all documents received under the original notice of 6
transmittal received by the committee under section 45 to the 7
legislature. If the committee transmits documents under this 8
subdivision, section 67c applies. 9
(2) If the committee approves a proposed nonmajor rule and the 10
agency does not request an earlier effective date, or if the 11
committee does not disapprove the proposed nonmajor rule under 12
subsection (1)(b) or (c), the proposed nonmajor rule becomes 13
effective on the date specified in section 47. 14
(3) If the committee disapproves a proposed nonmajor rule and 15
proposes an amendment to that rule under subsection (1)(b), the 16
agency may make the amendment and resubmit the proposed nonmajor 17
rule, as amended, to the committee. If the committee disapproves a 18
proposed nonmajor rule and requires the agency to propose an 19
amendment to that rule under subsection (1)(c), the agency may 20
propose an amendment and resubmit the proposed nonmajor rule, as 21
amended, to the committee. The amended proposed nonmajor rule must 22
be submitted to the committee on or before December 1 of the even-23
numbered year of the legislative term in which the committee 24
received the notice of transmittal of the proposed nonmajor rule 25
under section 45 and must be one that the agency could have adopted 26
on the basis of the record in the processing of that rule and the 27
legal authority granted to the agency. The agency shall provide an 28
explanation of the reasons for changes between the text of the 29
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proposed nonmajor rule as originally submitted to the committee and 1
the text of the amended proposed nonmajor rule. An agency is not 2
required to hold a public hearing on an amendment made under this 3
subsection. If the agency makes the amendment, the agency shall 4
give notice to the office for publication of the proposed nonmajor 5
rule, as amended, in the Michigan Register. The notice must include 6
the text of the amended proposed nonmajor rule. If the committee 7
does not disapprove the amended proposed nonmajor rule or propose a 8
further amendment, the proposed nonmajor rule becomes effective on 9
the date specified under section 47. 10
(4) If, on or before December 1 of the even-numbered year of 11
the legislative term in which the committee received a notice of 12
transmittal under section 45, the committee does not take an action 13
under subsection (1), or if the committee disapproves a proposed 14
nonmajor rule under subsection (1)(b) or (c) and that rule as 15
resubmitted under subsection (3) is not approved by the committee 16
under subsection (1)(a), the agency shall withdraw the proposed 17
nonmajor rule not later than 2 days after there is a concurrent 18
resolution for a sine die adjournment adopted in the senate and the 19
house of representatives in that even-numbered year. A withdrawal 20
under this subsection terminates the rulemaking with respect to the 21
adoption but does not prevent the agency from initiating new 22
rulemaking for the same or substantially similar adoption. 23
(5) Before the effective date specified in section 47, the 24
agency may withdraw the adoption of a proposed nonmajor rule by 25
giving notice of the withdrawal to the committee and to the office 26
for publication in the Michigan Register. A withdrawal under this 27
subsection terminates the rulemaking with respect to the adoption 28
but does not prevent the agency from initiating new rulemaking for 29
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the same or substantially similar adoption. 1
Enacting section 1. Sections 35, 45a, and 45c of the 2
administrative procedures act of 1969, 1969 PA 306, MCL 24.235, 3
24.245a, and 24.245c, are repealed. 4
Enacting section 2. This amendatory act does not take effect 5
unless House Bill No. 5817 (request no. H03296'25) of the 103rd 6
Legislature is enacted into law. 7