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B. Are the rules mandated by any applicable constitutional or statutory provision? If so, please
explain.
The following MCLs mandate rule promulgation: MCL 205.749, 333.13322, 324.3131, 324.5504,
324.5505, 324.5506, 324.5507, 324.5509, 324.5512, 324.11114, 324.11127, 324.11508,
324.11538, 324.11547, 324.20139, 460.6a, 479.6, 247.325, 500.210, 339.308, 408.1046, 423.7,
432.214.
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 proposed rules set will not conflict, duplicate or exceed similar regulations, compliance
requirements or standards, but will instead comply with all current statutory requirements for
hearings conducted by MOAHR.
10. Is the subject matter of the rules currently contained in any guideline, handbook, manual,
instructional bulletin, form with instructions, or operational memoranda?
No, the subject matter of the rules are not 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?
Yes, the rules are on LARA's annual regulatory plan.
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 rules set will not conflict, duplicate or exceed similar regulations, compliance
requirements or standards, but will instead comply with all current statutory requirements for
hearings conducted by MOAHR.
14. Do the rules incorporate the recommendations received from the public regarding any
complaints or comments regarding the rules? If yes, please explain.
No, the rules do not incorporate recommendations received from the public.
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 rules set was last reviewed in 2018. The administrative hearings process (the regulatory
activity covered by this rules set) has improved from a technological standpoint with electronic
filing and remote video and telephone hearing capabilities but otherwise remains unchanged. The
process has also changed due to the transfer of certain aspects of the process from MOAHR to
other agencies by executive reorganization order(s).
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, there are no changes or developments since implementation that demonstrate there is no
continued need for 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.
No
MCL 24.239