The proposed rules are new, and will be promulgated pursuant to authority granted the Department
of Attorney General under the Financial Exploitation Prevention Act (2020 PA 344), referenced
above. It is not anticipated that the rules conflict with or duplicate 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?
11. Are the rules 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?
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.
Broadly, the purpose of FEPA is to require financial institutions to report financial exploitation of
their members or customers to APS or law enforcement, which was not previously required under
Michigan law. The purpose of these specific rules is to provide (1) a method for APS or law
enforcement to notify county prosecutors that they have received a report of suspected or detected
covered financial exploitation from the financial institution, and (2) for financial institutions to
notify county prosecutors directly if they are not receiving a response from APS/law enforcement
that they should receive under the act.
14. Do the rules incorporate the recommendations received from the public regarding any
complaints or comments regarding the rules? If yes, please explain.
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.
Not applicable, new rules to be added.
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?
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.