Michigan Office of Administrative Hearings and Rules  
Administrative Rules Division (ARD)  
611 W. Ottawa Street  
Lansing, MI 48909  
Phone: 517-335-8658 Fax: 517-335-9512  
REQUEST FOR RULEMAKING (RFR)  
1. Department:  
Health and Human Services  
2. Bureau:  
Economic Stability Administration  
3. Promulgation type:  
Full Process  
4. Title of proposed rule set:  
State Disability Assistance Program  
5. Rule numbers or rule set range of numbers:  
R 400.3151 - R 400.3180  
6. Estimated time frame:  
6 months  
Name of person filling out RFR:  
Mary Brennan  
E-mail of person filling out RFR:  
BrennanM@michigan.gov  
Phone number of person filling out RFR:  
517-242-9634  
Address of person filling out RFR:  
333 S. Grand Avenue, 5th Floor, Lansing, MI 48909  
7. Describe the general purpose of these rules, including any problems the changes are intended  
to address.  
The purpose of these rules is to set guidance for DHHS on how to process and determine  
eligibility for the State Disability Assistance (SDA) Program. The changes intend to address the  
ability for both applicants and recipients to choose either an in-house or telephone interview for  
benefits under Mich Admin Code R 400.3155, regardless of whether it is a hardship on the  
applicant. The rules currently address only in-person interviews. Because many of the recipients  
and applicants for benefits have medical issues, transportation issues, or feel uncomfortable with  
the current COVID numbers, it may not be feasible or safe for the Department nor the client to  
come into the MDHHS building to conduct an in-person interview. The change will allow an  
alternative by telephone interviews for the public.  
8. Please cite the specific promulgation authority for the rules (i.e. department director,  
commission, board, etc.).  
Department Director.  
A. Please list all applicable statutory references (MCLs, Executive Orders, etc.).  
By authority conferred on the department of health and human services by section 6 of the social  
welfare act, 1939 PA 280, MCL 400.6.  
MCL 24.239  
RFR-Page 2  
B. Are the rules mandated by any applicable constitutional or statutory provision? If so, please  
explain.  
No. Rulemaking is permissive under MCL 400.6.  
9. Please describe the extent to which the rules conflict with or duplicate similar rules,  
compliance requirements, or other standards adopted at the state, regional, or federal level.  
The proposed rules do not conflict with or duplicate other rules, compliance requirements, or other  
standards. The SDA program is solely state-created and state-funded, so no federal issues are  
involved. It is unknown whether other states regionally have a similar program. There are no  
state conflicts.  
10. Is the subject matter of the rules currently contained in any guideline, handbook, manual,  
instructional bulletin, form with instructions, or operational memoranda?  
The rules are set forth in MDHHS policy manual, job aids, and trainings with the DHHS Office of  
Workforce Development and Training.  
11. Are the rules listed on the department’s annual regulatory plan as rules to be processed  
for the current year?  
The rules are not listed on the department’s annual regulatory plan for the current year.  
12. Will the proposed rules be promulgated under Section 44 of the Administrative Procedures  
Act, 1969 PA 306, MCL 24.244, or under the full rulemaking process?  
Full Process  
13. Please describe the extent to which the rules exceed similar regulations, compliance  
requirements, or other standards adopted at the state, regional, or federal level.  
The proposed rules do not conflict with or duplicate other rules, compliance requirements, or other  
standards. The SDA program is solely state-created and state-funded, so no federal issues are  
involved. It is unknown whether other states regionally have a similar program. There are no  
state conflicts.  
14. Do the rules incorporate the recommendations received from the public regarding any  
complaints or comments regarding the rules? If yes, please explain.  
Yes. The public has complained and voiced their concerns regarding health and safety of coming  
back into a state building due to Covid and the variants. Further, by minimizing risk of issues  
associated with coming into the building, it reduces the chances of the population getting COVID  
or other viruses which, without a phone interview, may lead to increased health costs.  
15. If amending an existing rule set, please provide the date of the last evaluation of the rules  
and the degree, if any, to which technology, economic conditions, or other factors have changed  
the regulatory activity covered by the rules since the last evaluation.  
The rules were last reviewed and amended in 2015. Technological advancements with using  
telephones/cell phones and the impact of the pandemic created issues with physically applying for  
benefits. The option of allowing telephone interviews as another alternative to apply can be more  
efficient and spare those with chronic health issues from appearing in local offices at the risk of  
jeopardizing their health.  
16. Are there any changes or developments since implementation that demonstrate there is no  
continued need for the rules, or any portion of the rules?  
There is a continued need for the rules to assist with the eligibility of clientele for disability  
assistance for themselves and/or family members.  
17. Is there an applicable decision record (as defined in MCL 24.203(6) and required by MCL  
24.239(2))? If so, please attach the decision record.  
MCL 24.239  
RFR-Page 3  
No  
MCL 24.239  
;