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Administrative Rule Making Process

Administrative Rule Making Process. in a nutshell. Introduction. Presented by John Ferris, Jr., Health Physicist Department of Community Health Radiation Safety Section www.michigan.gov/rss jeferri@michigan.gov Phone: 313 456-4660. From Idea to Rule. How do we get there?

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Administrative Rule Making Process

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  1. Administrative Rule Making Process in a nutshell ASAC Meeting, May 28, 2008

  2. Introduction • Presented by • John Ferris, Jr., Health Physicist • Department of Community Health • Radiation Safety Section • www.michigan.gov/rss • jeferri@michigan.gov • Phone: 313 456-4660 ASAC Meeting, May 28, 2008

  3. From Idea to Rule • How do we get there? • Multistep process ASAC Meeting, May 28, 2008

  4. ACRONYMS • APA – Administrative Procedures Act • JCAR – Joint Committee on Administrative Rules • LSB – Legislative Service Bureau • ORR - Office of Regulatory Reform • RAO – Regulatory Affairs Officer • RFR – Request for Rulemaking • RIS – Regulatory Impact Statement • RPAF – Rulemaking Policy Analysis Form • SOAHR – State Office of Administrative Hearings and Rules ASAC Meeting, May 28, 2008

  5. Administrative Procedures Act • Public Acts • PA 262 of 1999 • PA 263 of 1999 • PA 264 of 1999 • Executive Order 2005-1 • Created SOAHR (formerly ORR) • SOAHR is in DLEG ASAC Meeting, May 28, 2008

  6. Process • With administrative rules, timing is everything • Landmines ASAC Meeting, May 28, 2008

  7. New Rules • Public Request • Advisory Boards • Commissions • Legal Mandate • Departmental Agency ASAC Meeting, May 28, 2008

  8. Request for Rulemaking(RFR) • RAO approval required (Dept.) • SOAHR approval required • Post RFR on their web site • RFR 2008-015 • RFR 2008-016 • RFR 2008-017 • JCAR notified ASAC Meeting, May 28, 2008

  9. Draft Rules/approval/submission • Proposed rules • Format must follow LSB style guide • SOAHR assigns rule numbers • RAO approval • SOAHR approval • For legal authority • Follow intent of the RFR • SOAHR will • Deny approval to proceed • Request changes, or • Grant approval and forward to LSB for an informal review ASAC Meeting, May 28, 2008

  10. Draft Rules/approval/submission • LSB reviews and edits • Form • Classification • Arrangement • Agency makes changes • SOAHR approved • Send copy to JCAR • Post a copy on their web site ASAC Meeting, May 28, 2008

  11. Regulatory Impact Statement (RIS) • The “why” and “$” document • RIS filed with SOAHR • At least 28 days prior to the first public hearing • Rule Making Policy Analysis Form (RPAF) • SOAHR • Posts RIS on their web site • Notify JCAR ASAC Meeting, May 28, 2008

  12. Public Hearing Notice • Published in three newspapers • General circulation • One paper in UP • Not less than 10 days nor more than 60 days prior to the hearing • Michigan Register • Copy of the draft rules • Hearing Dates • JCAR notified ASAC Meeting, May 28, 2008

  13. Post Public Hearing • Request for changes reviewed • Public hearing transcript • Written commentary from public • Changes • Substantive changes require a new public hearing • Non-substantive changes, changes approved by SOAHR or changes requested by SOAHR do not require another public hearing ASAC Meeting, May 28, 2008

  14. Formal Certification • RAO completes a JCAR Agency Report • Includes a synopsis of public comments and any changes made • LSB legal certification • Form • Classification • Arrangement • SOAHR legal certification • Statutory authority • Constitutional rights violations • APA conformity • SOAHR posts certified rules on web • SOAHR completes the JCAR package ASAC Meeting, May 28, 2008

  15. JCAR • JCAR package submitted within 1 year after public hearing • JCAR has 15 session days to review • Notice of Objection • No objection ASAC Meeting, May 28, 2008

  16. Rules FiledThe Office of the Great Seal ASAC Meeting, May 28, 2008

  17. SOAHR Contacts • www.michigan.gov/soahr • SOAHR_Rules@michigan.gov ASAC Meeting, May 28, 2008

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