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Pending Rule Revisions

The MLCC has five (5) pending rule revisions that will be amended or rescinded under the provisions of MCL 24.244(1), which allows for rule revisions under an expedited process for amendments or rescissions of a rule that is obsolete or superseded, or that is required to make obviously needed corrections to make the rule conform to an amended or new statute.  Below are links to the requests for rulemaking (RFR) and proposed changes along with a brief description of the proposed changes:

Advertising Rules

  • R 436.1312 is being amended to fix a drafting error from a prior rule revision in which a subsection number was incorrectly cited.
  • R 436.1329 is being rescinded entirely because the rule was codified in statute under MCL 436.1610b in 2017.

Beer Rules

  • R 436.1621 is being amended to change references to the monthly collection of beer excise taxes to quarterly collection.  This is necessary due to a legislative change in 2020 that prohibits the Commission from collecting beer excise taxes more frequently than quarterly.  There are several minor technical amendments throughout this rule to bring it into compliance with current LSB drafting rules.
  • R 436.1633 is being rescinded entirely because when MCL 436.1609c was added to the statute in 2017, the provisions of the rule were superseded by more concise language related to refunds and replacement of damaged beer products, rendering the rule obsolete.

Wine Rules

  • R 436.1725 is being amended to change references to the monthly collection of wine excise taxes to quarterly collection.  This is necessary due to a legislative change in 2020 that prohibits the Commission from collecting wine excise taxes more frequently than quarterly.  There are several minor technical amendments throughout this rule to bring it into compliance with current LSB drafting rules.

Church or School Hearings Rules

  • R 436.1953 and R 436.1959 are being amended to fix two statutory references to the definitions of “church” and “school” that were incorrect due to renumbering of the two definition sections in 2017.  These changes will ensure that if the subsections change again in the statute, they will not need to be updated in the rules again.  Furthermore, there are several minor technical amendments in these rules to bring them into compliance with current LSB drafting rules.

On-Premises Licenses Rules

R 436.1438 is being rescinded entirely because the rule was codified in statute under MCL 436.2014 in 2015 and 2020.