Michigan Office of Administrative Hearings and Rules  
Administrative Rules Division (ARD)  
MOAHR-Rules@michigan.gov  
REQUEST FOR RULEMAKING (RFR)  
1. Department:  
Licensing and Regulatory Affairs  
2. Bureau:  
Bureau of Community and Health Systems  
3. Promulgation type:  
Full Process  
4. Title of proposed rule set:  
Certification of Specialized Programs  
5. Rule numbers or rule set range of numbers:  
R 330.1801 - R 330.1809  
6. Estimated time frame:  
12 months  
Name of person filling out RFR:  
Tammy Bagby  
E-mail of person filling out RFR:  
BagbyT@michigan.gov  
Phone number of person filling out RFR:  
517-243-9351  
Address of person filling out RFR:  
611 W. Ottawa, 1st Floor, Lansing, MI 48933  
7. Describe the general purpose of these rules, including any problems the changes are intended  
to address.  
The Certification of Specialized Programs administrative rules provide for the  
licensing/certification of specialized programs offered in adult foster care homes to clients with  
mental illness or development disability.  
The current rule set will be rescinded and recodified into a single new rule set for licensing health  
facilities or agencies that will comport with today’s practice standards, harmonize them with  
current federal law and regulations, and to reflect the current organization of state licensing  
functions.  
8. Please cite the specific promulgation authority for the rules (i.e. department director,  
commission, board, etc.).  
Section 10 of 1979 PA 218, MCL 400.710, the Adult Foster Care Facility Licensing Act,  
authorizes the Department of Licensing and Regulatory Affairs to promulgate the rules.  
A. Please list all applicable statutory references (MCLs, Executive Orders, etc.).  
By authority conferred on the department of licensing and regulatory affairs by section 9 of the  
Executive organization act of 1965, 1965 PA 380, MCL 16.109, and sections 10 and 18 of the  
adult foster care facility licensing act, 1979 PA 218, MCL 400.710 and 400.718, and Executive  
Reorganization Order Nos. 1996-1, 1996-2, 2003-1, 2008-4, 2011-4, and 2015-1, MCL 330.3101,  
445.2001, 445.2011, 445.2025, 445.2030, and 400.227.  
MCL 24.239  
RFR-Page 2  
B. Are the rules mandated by any applicable constitutional or statutory provision? If so, please  
explain.  
Section 10 of 1979 PA 218, MCL 400.710, the Adult Foster Care Facility Licensing Act, mandates  
the Department of Licensing and Regulatory Affairs to promulgate the rules.  
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 department is not aware of any rules, compliance requirements, or other standards adopted at  
the state, regional or federal level that the proposed rules conflict with or duplicate.  
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 is not currently contained in any guidance, handbook, manual, instruction  
bulletin, form with instructions, or operational memorandum.  
11. Are the rules listed on the department’s annual regulatory plan as rules to be processed  
for the current year?  
The rules are listed on the 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.  
This rule set does 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, the rules revisions are a result of the bureau’s project to review, update and improve all rules  
for licensing health facilities. The project involves internal and external stakeholders that include  
bureau leadership, subject matter experts, Michigan LeadingAge, Michigan Center for Assisted  
Living (MCAL), and Michigan Assisted Living Association (MALA) and other stakeholders.  
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.  
Rules were last revised in 1996. Technology, economic conditions, or other factors have not  
changed the regulatory activity covered by the rules since the last evaluation.  
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?  
There are no changes or developments 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  
Based on the information provided in this RFR, MOAHR concludes that there are sufficient  
policy and legal bases for approving the RFR. The RFR satisfies the requirements of the  
Administrative Procedures Act of 1969, 1969 PA 306, MCL 24.201 to 24.328, and Executive  
Order No. 2019-6.  
MCL 24.239  
;