RFR-Page 2
B. Are the rules mandated by any applicable constitutional or statutory provision? If so, please
explain.
No.
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.
The rules do not conflict with, duplicate, or exceed any other regulations. The rule set is meant to
provide clarity in light of Michigan Administrative Code, R 338.81, titled Declaratory Rulings
which is in the Office of Policy and Legislative Affairs rules and and Michigan Administrative
Code and R 324.81 titled Declaratory Rulings which is in the Michigan Administrative Hearing
System – Contested Case and Declaratory Ruling Procedures Rules.
10. Is the subject matter of the rules currently contained in any guideline, handbook, manual,
instructional bulletin, form with instructions, or operational memoranda?
No.
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 rules do not conflict with, duplicate, or exceed any other regulations. The rule set is meant to
provide clarity in light of Michigan Administrative Code, R 338.81, titled Declaratory Rulings
which is in the Office of Policy and Legislative Affairs rules and and Michigan Administrative
Code and R 324.81 titled Declaratory Rulings which is in the Michigan Administrative Hearing
System – Contested Case and Declaratory Ruling Procedures Rules.
14. Do the rules incorporate the recommendations received from the public regarding any
complaints or comments regarding the rules? If yes, please explain.
No.
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.
This is a Request for Rulemaking for a new rule set not for amending an existing rule set.
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?
No.
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