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B. Are the rules mandated by any applicable constitutional or statutory provision? If so, please
explain.
The rules are not mandated.
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.
None.
10. Is the subject matter of the rules currently contained in any guideline, handbook, manual,
instructional bulletin, form with instructions, or operational memoranda?
The general subject matter, MSHDA lending and grant programs, is addressed in a variety of
guidelines and forms, all generated and maintained by MSHDA.
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 revisions to do not exceed similar regulations, compliance regulations, or other standards.
14. Do the rules incorporate the recommendations received from the public regarding any
complaints or comments regarding the rules? If yes, please explain.
The rule amendments reflect public comment regarding the need to clarify staff responsibilities vs.
member responsibilities. All public comment to be received during the public comment period will
be honored as required by the rulemaking process.
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 latest evaluation of the rules was completed in early 2023, with the adoption of the present
rule set. Public comment, funding by the legislature of the previously- unfunded Housing and
Community Development Fund program, and inclusion by the legislature of the agency in the
Brownfield Redevelopment Act, are new 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?
None.
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