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.
There are no similar rules, compliance requirements, or other state, regional, or federal standards.
10. Is the subject matter of the rules currently contained in any guideline, handbook, manual,
instructional bulletin, form with instructions, or operational memoranda?
The subject matter of this rule is not currently contained in any guidance, handbook, manual,
instructional bulletin, form with instructions, or operational memoranda.
11. Are the rules listed on the department’s annual regulatory plan as rules to be processed
for the current year?
This rule is listed on the Department of Education’s 2021-2022 annual regulatory plan as to be
processed during 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?
MCL 24.244 (1)
A. Explain why the rules are being promulgated under 24.244.
This rule will be promulgated under section 44 of the administrative procedures act of 1969, 1969
PA 306, MCL 24.244, because the primary purposes of the amendments are to replace obsolete
and superfluous language and to align with current practice and current standards of drafting.
Definitions are added in new subrule (9), which includes specific directions about how to file and
serve documents and which aligns with the administrative procedures act’s definition of “person.”
Subrule (10) is added to align with Executive Reorganization Orders 2019-1, 2011-4, and 2005-1,
which created the Michigan Office of Administrative Hearings and Rules (MOAHR) and its
predecessors and which transferred certain hearing functions to those entities.