Agency Rulemaking Petition - Michigan

PETITION FOR RULEMAKING — MICHIGAN

IMPORTANT NOTICE

This template is designed for use under Michigan's Administrative Procedures Act of 1969 (APA), codified at MCL 24.201 et seq. Under MCL 24.238, any interested person may request an agency to promulgate a rule. The agency must respond within 90 days by either initiating processing of the requested rule or issuing a concise statement of reasons for denial.

Michigan rulemaking is overseen by the Michigan Office of Administrative Hearings and Rules (MOAHR) and the Joint Committee on Administrative Rules (JCAR) of the Legislature.

This document must be reviewed by a licensed Michigan attorney before filing.

SECTION 1: COVER LETTER

[__/__/____]

[________________________________]
[Director/Commissioner/Agency Head Title]
[________________________________]
[Agency Name]
[________________________________]
[Agency Street Address]
[________________________________]
[City], Michigan [____]

Via: ☐ Hand Delivery ☐ Certified Mail, Return Receipt Requested ☐ Electronic Submission (if accepted)

Re: Request for Promulgation of Rules Under MCL 24.238

Dear [________________________________]:

On behalf of [________________________________] ("Petitioner(s)"), I respectfully submit the enclosed Request for Promulgation of Rules pursuant to MCL 24.238. Petitioner(s) request that [________________________________] ("Agency") initiate rulemaking proceedings to:

☐ Promulgate a new rule concerning [________________________________]
☐ Amend existing rule R [________________________________] (Mich. Admin. Code)
☐ Rescind existing rule R [________________________________] (Mich. Admin. Code)

Under MCL 24.238, the Agency has 90 days from receipt of this request to either initiate processing of the requested rule or issue a concise statement of reasons for denial.

Petitioner(s) respectfully request that the Agency acknowledge receipt of this request and respond within the statutory timeframe.

Respectfully submitted,

[________________________________]
[Printed Name]
[________________________________]
[State Bar No., if applicable]
[________________________________]
[Firm/Organization Name]
[________________________________]
[Street Address]
[________________________________]
[City], Michigan [____]
[________________________________]
[Telephone]
[________________________________]
[Email Address]

SECTION 2: FORMAL REQUEST FOR PROMULGATION OF RULES

BEFORE THE [________________________________]

STATE OF MICHIGAN

REQUEST FOR PROMULGATION OF RULES
Filed Pursuant to MCL 24.238

Request No.: [________________________________] (Agency to assign)
Date Filed: [__/__/____]

2.1 Petitioner Information

2.2 Nature of Petitioner's Interest

Petitioner is an "interested person" as contemplated by MCL 24.238 because:

☐ An individual directly affected by the existing or proposed rule
☐ A business or entity regulated by the agency
☐ A trade association or professional organization representing affected members
☐ A labor union or employee organization representing affected workers
☐ A public interest organization
☐ An elected official or governmental entity
☐ Other interested person (describe): [________________________________]

Describe the specific nature of Petitioner's interest:

[________________________________]
[________________________________]
[________________________________]

2.3 Agency Identification

2.4 Action Requested

Petitioner requests that the Agency:

☐ Promulgate a new rule under R [________________________________]
☐ Amend existing rule R [________________________________]
☐ Rescind existing rule R [________________________________]

Brief description of the requested action:

[________________________________]
[________________________________]
[________________________________]

SECTION 3: STATEMENT OF NEED

3.1 Current Problem or Deficiency

Describe the current regulatory gap, problem, or outdated provision this request seeks to address:

[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]

3.2 Persons or Entities Affected

Identify the persons, businesses, or entities adversely affected:

[________________________________]
[________________________________]
[________________________________]

3.3 Scope and Severity of the Problem

Provide data, statistics, or specific examples:

[________________________________]
[________________________________]
[________________________________]
[________________________________]

3.4 Inadequacy of Current Rules

Explain why the existing rules are insufficient:

[________________________________]
[________________________________]
[________________________________]

3.5 Urgency

Describe any time-sensitive factors:

[________________________________]
[________________________________]
[________________________________]

SECTION 4: PROPOSED RULE LANGUAGE

4.1 Full Text of Proposed Rule

(Provide the complete proposed rule text. For amendments, use strikethrough for deletions and underline for additions. Follow the Michigan Administrative Code format.)

Rule R [________________________________]

[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]

4.2 Explanation of Proposed Text

4.3 Alternative Approaches Considered

[________________________________]
[________________________________]
[________________________________]

SECTION 5: LEGAL AUTHORITY ANALYSIS

5.1 Statutory Authority for Agency Rulemaking

Michigan rulemaking authority flows from the agency's enabling statute. Identify the specific statutory provisions authorizing the Agency to promulgate the proposed rule:

5.2 Michigan APA Rulemaking Framework

The Michigan APA governs the rulemaking process:

• MCL 24.238 — Any interested person may request an agency to promulgate a rule; the agency must respond within 90 days
• MCL 24.239 — Proposed draft rules must be submitted to MOAHR for approval
• MCL 24.241 — Notice of public hearing required; published in Michigan Register
• MCL 24.242 — Public hearing procedures
• MCL 24.245 — Legislative review by JCAR
• MCL 24.246 — Filing and effectiveness of rules

5.3 MOAHR Approval Process

Under Michigan law, before an agency may begin formal rulemaking:

1. The agency must submit a Request for Rulemaking (RFR) to the Michigan Office of Administrative Hearings and Rules (MOAHR)
2. MOAHR reviews and approves the RFR
3. The agency drafts proposed rules and submits them to MOAHR for approval
4. MOAHR certifies the rules to the Legislative Service Bureau (LSB) for formatting
5. Public hearing is scheduled after notice in the Michigan Register

5.4 Constitutional Considerations

☐ No constitutional issues identified
☐ The proposed rule implicates the following constitutional provisions:

[________________________________]
[________________________________]

5.5 Federal Law Considerations

☐ No federal law considerations apply
☐ The proposed rule is consistent with applicable federal law:

[________________________________]
[________________________________]

5.6 Consistency with Existing Michigan Administrative Code

[________________________________]
[________________________________]
[________________________________]

SECTION 6: IMPACT ANALYSIS

6.1 Economic Impact

6.2 Regulatory Impact Statement

Under Michigan law, agencies must prepare a Regulatory Impact Statement (RIS) when promulgating rules. Petitioner provides the following information to assist the Agency's RIS analysis:

Comparison with rules of other states:
[________________________________]
[________________________________]

Comparison with federal regulations:
[________________________________]
[________________________________]

Cost to the agency for implementation and enforcement:
[________________________________]

Impact on individuals and small businesses:
[________________________________]
[________________________________]

6.3 Small Business Impact

Describe the impact on Michigan small businesses:

[________________________________]
[________________________________]
[________________________________]

6.4 Environmental Impact

☐ No environmental impact anticipated
☐ Environmental impact analysis:

[________________________________]
[________________________________]

6.5 Impact on Jobs and Employment

[________________________________]
[________________________________]

SECTION 7: PUBLIC INTEREST ARGUMENTS

7.1 Public Health and Safety

[________________________________]
[________________________________]
[________________________________]

7.2 Consumer Protection

[________________________________]
[________________________________]

7.3 Environmental Protection

[________________________________]
[________________________________]

7.4 Economic Development and Job Creation

[________________________________]
[________________________________]

7.5 Equity and Fairness

[________________________________]
[________________________________]

7.6 Government Accountability and Transparency

[________________________________]
[________________________________]

7.7 Summary of Public Interest Factors

[________________________________]
[________________________________]
[________________________________]

SECTION 8: SUPPORTING EVIDENCE

8.1 Exhibit List

8.2 Types of Evidence Submitted

☐ Factual data and statistical analyses
☐ Technical studies or scientific reports
☐ Economic impact analyses or cost-benefit studies
☐ Expert declarations or affidavits
☐ Stakeholder support letters
☐ Comparative analysis of other states' rules
☐ Federal regulatory comparisons
☐ Legislative history or committee reports
☐ Agency guidance documents or prior interpretations
☐ Court decisions interpreting relevant statutes
☐ Other: [________________________________]

8.3 Stakeholder Support

SECTION 9: FILING INSTRUCTIONS

9.1 Michigan-Specific Filing Requirements

☐ Address the request to the agency director or designated rulemaking contact
☐ Include complete petitioner contact information
☐ Provide the full proposed rule text in Michigan Administrative Code format
☐ Attach all supporting exhibits
☐ Send via a method providing proof of delivery
☐ Retain a complete copy of the request and all exhibits

9.2 Key Michigan Rulemaking Entities

9.3 Filing Checklist

☐ Request is complete and signed
☐ Proposed rule text included in full
☐ Statement of need factually supported
☐ Legal authority citations verified
☐ All exhibits properly labeled and attached
☐ Cover letter addressed to correct agency official
☐ Proof of delivery arranged
☐ Copy retained for Petitioner's records
☐ Calendar reminder set for 90-day agency response deadline

SECTION 10: AGENCY RESPONSE REQUIREMENTS

10.1 Statutory Timeline

Under MCL 24.238, the agency has 90 days after receipt of the request to take one of the following actions:

Option 1: Initiate Processing of the Rule

• The agency submits a Request for Rulemaking (RFR) to MOAHR
• MOAHR reviews and approves the RFR
• The agency begins the formal rulemaking process under MCL 24.239 et seq.

Option 2: Issue a Statement of Denial

• The agency issues a concise statement of the reasons for denial
• The statement must be specific enough to explain the basis for the agency's decision

10.2 Michigan Rulemaking Process (If Granted)

If the agency initiates rulemaking, the process follows these steps:

1. Request for Rulemaking (RFR) — Agency submits RFR to MOAHR
2. MOAHR Approval — MOAHR reviews and approves the RFR
3. Draft Rules — Agency drafts proposed rules
4. MOAHR Review — MOAHR reviews draft rules for form and legality
5. Public Hearing Notice — Published in Michigan Register (at least 14 days before hearing)
6. Public Hearing — Agency conducts public hearing on proposed rules
7. JCAR Review — Joint Committee on Administrative Rules reviews proposed rules
8. LSB Certification — Legislative Service Bureau certifies final rule text
9. Filing and Effectiveness — Rules filed with Secretary of State; effective upon filing or later date

10.3 If the Agency Fails to Respond

If the agency does not respond within 90 days:

• Send a formal follow-up letter demanding a response
• Contact MOAHR to inquire about the status
• Contact JCAR for legislative oversight assistance
• Document the failure for potential judicial review

SECTION 11: APPEAL OF DENIAL

11.1 Judicial Review

Under Michigan law, denial of a rulemaking request may be subject to judicial review:

• Governing Statute: MCL 24.301–24.306 (Chapter 6, Judicial Review)
• Standard of Review: The court reviews whether the agency action was authorized by law and whether the decision was arbitrary, capricious, or clearly an abuse or unwarranted exercise of discretion
• Venue: Michigan Circuit Court or Court of Claims
• Filing Deadline: Generally within the applicable statute of limitations

11.2 Alternative Remedies After Denial

☐ Resubmit a revised request addressing the agency's stated reasons for denial
☐ Request a meeting with the agency director
☐ Contact JCAR for legislative oversight and intervention
☐ Pursue legislative action through a bill mandating the rule
☐ Contact the Governor's Office to request executive action
☐ File a complaint with MOAHR
☐ Seek declaratory relief in Circuit Court or Court of Claims
☐ Pursue federal rulemaking if the issue has a federal nexus

11.3 JCAR Oversight

The Joint Committee on Administrative Rules (JCAR) has significant oversight authority over Michigan rulemaking. JCAR may:

• Review proposed and existing rules
• Recommend modifications or rescission
• Delay the effectiveness of proposed rules
• Request that an agency initiate rulemaking on specific topics

11.4 Timeline Summary

SECTION 12: DOCUMENT CHECKLIST

Pre-Filing Checklist

☐ Researched the agency's specific rulemaking procedures
☐ Confirmed the agency has statutory authority for the proposed rule
☐ Verified no pending rulemaking addresses the same issue
☐ Checked the Michigan Register for related rulemaking activity
☐ Reviewed Michigan Administrative Code formatting requirements
☐ Consulted with affected stakeholders
☐ Prepared economic impact data
☐ Had the request reviewed by qualified Michigan counsel

Request Package Contents

☐ Cover letter
☐ Formal Request for Promulgation of Rules (signed and dated)
☐ Statement of Need
☐ Full proposed rule text
☐ Legal authority analysis
☐ Impact analysis
☐ Public interest arguments
☐ Supporting exhibits
☐ Stakeholder support letters (if any)
☐ Certificate of service (if serving additional parties)

SECTION 13: PRACTICE TIPS FOR MICHIGAN PRACTITIONERS

Strategic Considerations

1. MOAHR Process: Michigan's rulemaking is heavily regulated through MOAHR. Understanding the MOAHR approval process helps frame the request in terms the agency can readily act upon.

2. Regulatory Impact Statement: Agencies must prepare a Regulatory Impact Statement (RIS) for any proposed rule. Providing economic impact data in the request helps the agency prepare its RIS and may accelerate the process.

3. JCAR Leverage: JCAR exercises substantial oversight over rulemaking. If the agency denies a meritorious request, contacting JCAR members can create legislative pressure for the agency to act.

4. Executive Order Constraints: Michigan governors have issued executive orders imposing additional requirements on rulemaking (e.g., cost-benefit analysis, reduction of regulatory burden). Frame the request to demonstrate compliance with applicable executive orders.

5. Michigan Register: The Michigan Register publishes all rulemaking activity. Monitor the Register for related rulemaking at michigan.gov/moahr.

6. Coalition Building: Build support from multiple stakeholders, especially regulated entities, to demonstrate broad need for the proposed rule.

7. 90-Day Timeline: The 90-day response period is longer than many states. Use this time to build additional support, gather data, and prepare for potential public hearings.

8. Rule Sunset Provisions: Some Michigan rules are subject to periodic review and sunset provisions. If the petition relates to an expiring rule, note the expiration date.

Common Grounds for Denial

• Lack of statutory authority for the proposed rule
• The proposed rule conflicts with existing law or executive order
• Insufficient evidence of need
• The proposed rule would impose excessive costs
• The agency is already addressing the issue
• MOAHR has not approved a similar rulemaking request
• Resource constraints prevent the agency from processing the request

SECTION 14: VERIFICATION AND SIGNATURE

I, [________________________________], declare under penalty of perjury that the facts stated in this request are true and correct to the best of my knowledge and belief.

Signature: _______________________________________________

Printed Name: [________________________________]

Title: [________________________________]

Organization: [________________________________]

Date: [__/__/____]

Address: [________________________________]

Telephone: [________________________________]

Email: [________________________________]

SECTION 15: SOURCES AND REFERENCES

Michigan Statutory Authorities

• MCL 24.238 — Request for Promulgation of Rules
• MCL 24.201 — Short Title (Administrative Procedures Act of 1969)
• MCL 24.207 — Definitions
• MCL 24.231 — Processing and Publishing Rules (General)
• MCL 24.239 — Proposed Draft Rules; Submission to MOAHR
• MCL 24.241 — Notice of Public Hearing
• MCL 24.242 — Public Hearing Procedures
• MCL 24.245 — Legislative Review (JCAR)
• MCL 24.246 — Filing and Effectiveness of Rules
• MCL 24.301–24.306 — Judicial Review of Agency Action

Michigan Administrative Resources

• Michigan Office of Administrative Hearings and Rules (MOAHR): https://www.michigan.gov/lara/bureau-list/moahr
• Joint Committee on Administrative Rules (JCAR): https://council.legislature.mi.gov/jcar
• Michigan Register: Published by MOAHR
• Michigan Administrative Code: https://www.michigan.gov/lara/bureau-list/moahr/admin-code
• Michigan Legislature: https://www.legislature.mi.gov

Additional Resources

• Michigan Attorney General's Office — Advisory opinions on agency rulemaking authority
• Michigan Department of Licensing and Regulatory Affairs (LARA) — MOAHR parent agency
• Administrative Rules in Michigan: Manual of Style and Procedures (LSB publication)

This template is provided by ezel.ai for informational purposes only. It does not constitute legal advice and should not be used without review by a qualified Michigan attorney. Laws and regulations are subject to change; verify all citations before filing.