State Budget Office  
Office of Regulatory Reinvention  
111 S. Capitol Avenue; 8th Floor, Romney Building  
Lansing, MI 48933  
Phone: (517) 335-8658 FAX: (517) 335-9512  
REQUEST FOR RULEMAKING (RFR)  
Under the Administrative Procedures Act (APA), 1969 PA 306, the department/agency  
that has the statutory authority to promulgate the rules must file a request for rulemaking  
with the Office of Regulatory Reinvention before initiating any changes or additions to the  
rules. Please submit an electronic copy to the ORR at orr@michigan.gov.  
1. Department:  
Licensing and Regulatory Affairs  
2. Division/agency/bureau:  
Bureau of Community and Health Systems  
3. Name, address, e-mail, and phone number of agency contact person:  
Tammy Bagby, 611. W. Ottawa- 1st Floor, Lansing, MI 48933, bagbyt@michigan.gov,  
517-335-4084  
4. Title of proposed rule(s) or rule set:  
Public Inspection of License Records  
5. Rule number(s) or rule set range of numbers:  
R 325.1281- R 325.1282  
6. Estimated timetable for completion, or statutory deadline, if applicable:  
1 year  
7. Describe the general goal/purpose of these rules. Include a discussion of the  
problem(s) - the rule rescissions, additions, or amendments intended to address:  
These rules provide for the public inspection and copying of license records for health  
facilities. The current rule set will be rescinded and recodified into a single new rule  
set for licensing health facilities or agencies that will comport with today’s practice  
standards, harmonize them with current federal law and regulations, and to reflect the  
current organization of state licensing functions.  
8. Please cite the specific promulgation authority for the rule(s) (i.e. department  
director, commission, board, etc.), listing all applicable statutory references. Are  
the rule(s) mandated by any applicable constitutional or statutory provision? If so,  
please explain.  
By authority conferred on the department of licensing and regulatory affairs by section  
21741, of 1978 PA 368, MCL 333.21741, and section 33 of Act No. 306 of the Public  
Acts of 1969, MCL 24.233; and Executive Reorganization Nos. 1996-2, 2003-1 and  
2011-4, MCL 445.2001, 445.2011, and 445.2030.  
Revised: March 23, 2017  
MCL 24.239  
Request for Rulemaking – Page 2  
9. Please describe the extent to which the rule(s) conflict with or duplicate similar  
rules or regulations adopted by the state or federal government [include statutory  
references and public acts, as applicable]:  
No. These rules are duplicated in other rule sets for licensing health facilities and  
agencies.  
10. Is the subject matter of the rule(s) currently contained in any guideline,  
handbook, manual, instructional bulletin, form with instructions, or operational  
memoranda?  
Yes, the rules are referenced in license applications forms and in a variety of bureau  
documents pertaining to the operation of the health facilities licensing program.  
11. Is the rule(s) listed on the department’s annual regulatory plan as a rule to be  
processed for the current year?  
Yes.  
12. Will the proposed rule(s) be promulgated under Sections 44 or 48 of the  
Administrative Procedures Act, 1969 PA 306, as amended, being MCL 24.244 or  
24.248? Will the rule(s) be promulgated under the full rulemaking process? Please  
explain.  
No.  
Note: If this request for rulemaking applies to rules that will be promulgated pursuant to  
Sections 44 or 48 of the Administrative Procedures Act, 1969 PA 306, as amended,  
MCL 24.244 or 24.248, you do not have to answer questions 13 to 18.  
13. Please describe the extent to which the rule(s) exceed national or regional  
compliance requirements or other standards:  
The rules do not exceed national or regional compliance requirements or other  
standards.  
14. Do the rule(s) incorporate the recommendations of any Advisory Rules  
Committee formed pursuant to Executive Order 2011-5? If yes, please explain.  
No.  
15. Do the rule(s) incorporate the recommendations received from the public  
regarding any complaints or comments regarding the rule(s)? If yes, please explain.  
Yes, the rules revisions are a result of the bureau’s project to review, update and  
improve all rules for licensing health facilities and agencies. The project involves  
internal and external stakeholders that include bureau leadership, subject matter  
experts, LeadingAge Michigan, the Health Care Association of Michigan, the  
Michigan Health and Hospital Association, the Michigan HomeCare & Hospice  
Association, and other stakeholders.  
Revised: March 23, 2017  
MCL 24.239  
Request for Rulemaking – Page 3  
16. If amending an existing rule set, please provide the date of the last evaluation of  
the rule(s) and the degree, if any, to which technology, economic conditions, or other  
factors have changed the regulatory activity covered by the rule(s) since the last  
evaluation:  
The rules were last revised in 1979.  
17. Are there any changes or developments since implementation that demonstrate  
there is no continued need for the rule(s), or any portion of the rules?  
Yes, these rules need to be updated.  
18. 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.  
19. Reviewed by the following Departmental Regulatory Affairs Officer (RAO):  
Liz Arasim  
Department of Licensing and Regulatory Affairs  
---------------------------------------------------------------------------------------------------------------  
↓ To be completed by the ORR ↓  
Date RFR received:  
12-21-2017  
Based on the information provided in this RFR, the ORR concludes that there  
are sufficient policy and legal bases for approving the RFR.  
ORR assigned  
2017-096 LR  
rule set number:  
Date of approval: Explanation: This Request for Rulemaking satisfies the  
1/2/2018  
requirements of the Administrative Procedures Act, 1969 PA  
306, MCL 24.201 et seq., and Executive Order 2011-5.  
Based on the information provided in this RFR, the ORR is not approving the  
RFR at this time.  
Date of  
disapproval:  
More  
Explanation:  
Explanation:  
information  
needed:  
Revised: March 23, 2017  
MCL 24.239  
;