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:  
Labor and Economic Opportunity  
2. Bureau:  
Bureau of Services for Blind Persons  
3. Promulgation type:  
Full Process  
4. Title of proposed rule set:  
Business Enterprise Program Promulgated Rules  
5. Rule numbers or rule set range of numbers:  
R393.1 to R393.56  
6. Estimated time frame:  
12 months  
Name of person filling out RFR:  
Michelle Manikowski  
E-mail of person filling out RFR:  
ManikowskiM1@michigan.gov  
Phone number of person filling out RFR:  
517-335-1674  
Address of person filling out RFR:  
201 N. Washington Sq (Victor Office Building)  
7. Describe the general purpose of these rules, including any problems the changes are intended  
to address.  
The rules are to provide the guidance for the administration of the Randolph Sheppard Act,  
Chapter 34 part 395.1 et seq of the Code of Federal Regulations.  
8. Please cite the specific promulgation authority for the rules (i.e. department director,  
commission, board, etc.).  
The director of the department has the specific promulgation authority for the rules.  
A. Please list all applicable statutory references (MCLs, Executive Orders, etc.).  
Sections 1, 5, and 16 of 1978 PA 260 and Executive Reorganization Order Nos. 1996-2 and 2003-  
1, being MCL 393.351, 393.355, 393.366, 445.2001, and 445.2011.  
B. Are the rules mandated by any applicable constitutional or statutory provision? If so, please  
explain.  
These rules are required under 34 CFR 395.1 et seq for the administration of the Randolph  
Sheppard Act of 1936, as amended.  
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 proposed changes do not conflict and are not duplicative to similar rules, compliance  
requirements or other standards adopted at the state, regional, or federal level.  
10. Is the subject matter of the rules currently contained in any guideline, handbook, manual,  
instructional bulletin, form with instructions, or operational memoranda?  
None that LEO is aware of.  
11. Are the rules listed on the department’s annual regulatory plan as rules to be processed  
for the current year?  
Yes.  
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 changes 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.  
Yes. These rules must include the active participation of the Elected Operator's Committee as  
outlined in 34 CFR 395.1 et seq.  
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.  
These rules were last updated in 2004 and there have been numerous advancements to technology  
and training that need to be addressed. The addition of multiple forms of payments for goods,  
multiple methods of virtual training, and remote monitoring of required fiscal reporting are the  
major technological advancements since the last revision.  
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?  
Yes.  
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  
MCL 24.239  
;