Michigan's rule promulgation process is defined by the Michigan Administrative Procedures Act, No. 306 of the Public Act of 1969, as amended, being MCL 24.201 et seq., Executive Order 1995-6, Executive Order 2000-1, and Executive Order 2005-1.

RFR Filed with SOAHR:

The first step in the formal rule promulgation process is the filing by a department or agency of a Request for Rulemaking (RFR) with the State Office of Administrative Hearings and Rules (SOAHR). In the RFR, the department or agency must provide (1) the title of the proposed rule, (2) the ruleset to be amended (if any), (3) the estimated timetable for consideration of the proposed rule, (4) a brief description of the proposed rule, (5) the State or Federal statutory or regulatory basis for the proposed rule, and (6) the problem that the proposed rule intends to address.

RFR Approved by SOAHR:

SOAHR can take 3 actions concerning an RFR: SOAHR can approve the RFR, deny the RFR, or ask for additional information in order to make a more informed decision of whether to approve or deny the RFR. If the SOAHR denies an RFR, the department or agency will cease the promulgation activities associated with that rule. If the SOAHR approves the RFR, the department may begin drafting the proposed rule text.

Draft Rule to SOAHR:

After an RFR has been approved, department staff draft proposed rule text and present the draft rule text to the Legislative Service Bureau (LSB) and SOAHR for informal review. LSB completes a preliminary review of the form, classification and arrangement of the proposed rule and grants informal approval when appropriate modifications have been made to the proposed rule text. SOAHR completes a preliminary assessment of the legal authority underlying the proposed rules, examines the draft rule text to determine whether it comports with the intent of the RFR, and grants informal approval when any legal issues have been resolved.

RIS to SOAHR:

Following preliminary approval of the draft rule language, the department must complete a Regulatory Impact Statement (RIS). The RIS requires the department or agency to complete, to the best of their ability, an assessment of the economic impact of the rule. The RIS includes general information on the proposed rule, an assessment of the costs to governmental units, regulated individuals, and businesses, and a description of the expected benefits of the rule. The RIS is designed to inform the public of the agency's beliefs and opinions regarding these costs and benefits. By statute, the RIS must be filed with the SOAHR at least 28 days before the public hearing.

Public Hearing:

Departments and agencies must submit proposed rules for review at public hearing. The hearing must be noticed according to the requirements of the Administrative Procedures Act. Individuals are given an opportunity to present data, views, questions, and arguments concerning the proposed rules at the public hearing.

Rule Certified by LSB:

The Administrative Procedures Act requires the LSB to formally review proposed rules to insure proper form, classification, and arrangement. The review takes place following the department's assessment of comments received at public hearing and the preparation of an agency hearing report.

Rule Submitted to SOAHR:

Following certification by LSB, the certified rules are sent to SOAHR for legal certification.

Rule Certified by SOAHR:

SOAHR must certify that the proposed rules fall within the department's statutory authority, do not violate constitutional rights, and were promulgated in conformity with the requirements of the Administrative Procedures Act.

Rule Filed with JCAR:

Following certification by SOAHR and LSB, proposed rules are forwarded to the Michigan Legislatures Joint Committee on Administrative Rules (JCAR) for review.

Rule Adopted by Agency:

The Administrative Procedures Act requires the departments and agencies to formally adopt rules following the submission to the Joint Committee on Administrative Rules.

Rule Filed with the Great Seal:

After agency adoption, rules can be filed with the Michigan Secretary of State's Office of the Great Seal. Unless a contrary date is indicated within the body of the proposed rules, the rules will go into effect immediately after filing with the Office of the Great Seal.

Entry into SOAHR's Michigan Administrative Code Database:

Upon their effective date, new rule language is loaded into the Michigan Administrative Code Database. Historical information about the ruleset is transferred into the Archives of the Rules Under Review web page.