Michigan Office of Administrative Hearings and Rules  
Administrative Rules Division (ARD)  
MOAHR-Rules@michigan.gov  
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:  
Family Independence Program  
5. Rule numbers or rule set range of numbers:  
R 400.3101 - R 400.3131.  
6. Estimated time frame:  
6 months  
Name of person filling out RFR:  
Talisa Gauthier  
E-mail of person filling out RFR:  
GauthierT1@michigan.gov  
Phone number of person filling out RFR:  
517-284-4853  
Address of person filling out RFR:  
235 S. Grand Avenue, 2nd Floor, Lansing, MI 48909  
7. Describe the general purpose of these rules, including any problems the changes are intended  
to address.  
The Family Independence Rules (FIP) rules provide monetary assistance for those who are  
eligible for this assistance program in the State. The amendment to these rules will give a clear  
direction for replacing cash assistance benefits that have been fraudulently removed.  
8. Please cite the specific promulgation authority for the rules (i.e. department director,  
commission, board, etc.).  
The Department of Health and Human Services.  
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.  
B. Are the rules mandated by any applicable constitutional or statutory provision? If so, please  
explain.  
The rules are not mandated but 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.  
MCL 24.239  
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 FIP program to reissue benefits to clients to help  
replace the benefits that were fraudulently removed from their EBT cards. This does not align with  
current wording of R 400.3104. See  
https://www.acf.hhs.gov/sites/default/files/documents/ofa/tanf-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, under a 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?  
The rules are not listed on the department’s annual regulatory plan as rules to be processed 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.  
With the exception of the current rule that is the subject of amendment, R 400.3104, 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 allow for electronic replacement of stolen funds as well.  
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  
;