RFR-Page 2
The rules will duplicate standards developed by the United States Department of Health and
Human Services. The rules do not conflict with or duplicate any other similar rules, compliance
requirements, or other standards adopted at the state, regional, or federal level. The U.S.
Department of Health and Human Services, Memo number TANF-ACF-PI-2023-02 was issued
that encouraged each state participating in the SDA program to reissue benefits to clients to help
replace the benefits that were fraudulently removed from their EBT cards. This does not align with
acf-pi-2023-02.pdf
10. Is the subject matter of the rules currently contained in any guideline, handbook, manual,
instructional bulletin, form with instructions, or operational memoranda?
Yes, per a memo from the U.S. Department of Health and Human Services, Memo number TANF-
ACF-PI-2023-02.
11. Are the rules listed on the department’s annual regulatory plan as rules to be processed
for the current year?
Yes, under a U.S. Department of Health and Human Services, Memo number TANF-ACF-PI-2023
-02.
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.
With the exception of the current rule that is the subject of amendment, R 400.3169, the rules do
not exceed similar regulations, compliance requirements, or other standards adopted at the state,
regional, or federal level.
14. Do the rules incorporate the recommendations received from the public regarding any
complaints or comments regarding the rules? If yes, please explain.
The rules do not incorporate the recommendations received from the public regarding any
complaints or comments regarding the rules.
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 2014. Changes are being made due to federal
recommendations regarding states’ current process for replacement of benefits lost to fraud.
Technological advancements are also key in the replacement time of a payment taken fraudulently.
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 all for the rules.
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.
No
Based on the information provided in this RFR, MOAHR concludes that there are sufficient
policy and legal bases for approving the RFR. The RFR satisfies the requirements of the
Administrative Procedures Act of 1969, 1969 PA 306, MCL 24.201 to 24.328, and Executive
Order No. 2019-6.
MCL 24.239