Michigan Office of Administrative Hearings and Rules  
Administrative Rules Division (ARD)  
MOAHR-Rules@michigan.gov  
REQUEST FOR RULEMAKING (RFR)  
1. Department:  
Health and Human Services  
2. Bureau:  
Economic Stability Administration  
3. Promulgation type:  
Full Process  
4. Title of proposed rule set:  
State Disability Assistance Program  
5. Rule numbers or rule set range of numbers:  
R 400.3151 - R 400.3180  
6. Estimated time frame:  
6 months  
Name of person filling out RFR:  
Talisa Gauthier  
Email of person filling out RFR:  
GauthierT1@michigan.gov  
Phone number of person filling out RFR:  
517-284-4853  
Address of person filling out RFR:  
235 S. Grand Avenue, 2nd Floor, Lansing, MI 48909  
7. Describe the general purpose of these rules, including any problems the changes are intended  
to address.  
The State Disability Assistance program (SDA) rules provide monetary assistance for those who are  
eligible for this assistance program based upon an eligible disability in the State. The amendment to  
these rules will give a clear direction for replacing cash assistance benefits that have been  
fraudulently removed.  
8. Please cite the specific promulgation authority for the rules (i.e., department director,  
commission, board, etc.).  
The Department of Health and Human Services.  
A. Please list all applicable statutory references (MCLs, Executive Orders, etc.).  
By authority conferred on the department of health and human services by section 6 of the  
social welfare act, 1939 PA 280, MCL 400.6.  
B. Are the rules mandated by any applicable constitutional or statutory provision? If so,  
please explain.  
The rules are not mandated but permissive under MCL 400.6.  
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 will duplicate standards developed by the United States Department of Health and Human  
Services. The rules do not conflict with or duplicate any other similar rules, compliance requirements,  
or other standards adopted at the state, regional, or federal level. The U.S. Department of Health and  
Human Services, Memo number TANF-ACF-PI-2023-02 was issued that encouraged each state  
participating in the SDA program to reissue benefits to clients to help replace the benefits that were  
MCL 24.239  
RFR-Page 2  
fraudulently removed from their EBT cards. This does not align with current wording R 400.3169.  
See https://www.acf.hhs.gov/sites/default/files/documents/ofa/tanf-acf-pi-2023-02.pdf  
10. Is the subject matter of the rules currently contained in any guideline, handbook, manual,  
instructional bulletin, form with instructions, or operational memoranda?  
Yes, per a memo from the U.S. Department of Health and Human Services, Memo number TANF-  
ACF-PI-2023-02.  
11. Are the rules listed on the department’s annual regulatory plan as rules to be processed for  
the current year?  
Yes, under a U.S. Department of Health and Human Services, Memo number TANF-ACF-PI-2023-  
02.  
12. Will the proposed rules be promulgated under Section 44 of the administrative procedures act  
of 1969, 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.  
With the exception of the current rule that is the subject of amendment, R 400.3169, the rules 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.  
The rules do not incorporate the recommendations received from the public regarding any complaints  
or comments regarding the rules.  
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.  
The rules were last reviewed and amended in 2014. Changes are being made due to federal  
recommendations regarding states’ current process for replacement of benefits lost to fraud.  
Technological advancements are also key in the replacement time of a payment taken fraudulently.  
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 is a continued need for all 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 Reorganization Order No. 2019-1, MCL 324.99923.  
MCL 24.239  
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