RFR-Page 2
The purposes of the proposed rules are to:
•Update contact information by adding the superintendent of public instruction’s email address to
align with current practice.
•Specify required contact information and means of contact for members of the public to ensure
that they are properly notified of decisions on requests for declaratory rulings and for
promulgation of rules.
•Clarify that timelines are measured in calendar days.
•Remove the requirement of certified mail (return receipt requested), which requires a trip to a
post office, for delivery of notices of denial of requests. The requirement, which is outdated in
light of the transition to primarily remote work, is replaced with the options of email or mail to
align with current practice. With the addition of the email option, certainty of delivery is ensured.
•Clarify that certain interested parties shall receive statements explaining the denial of requests for
declaratory rulings.
•Clarify to whom and by what means the superintendent of public instruction shall send
declaratory rulings.
•Delete R 340.1352(8) because it duplicates and is superseded by requirements set forth in statutes
related to the retention and disposal of public records, including the Management and Budget Act,
1984 PA 431, MCL 18.1284 to 18.1291, and the Michigan History Center Act, 2016 PA 470, MCL
399.809 to 399.812; and in the Freedom of Information Act (FOIA), 1976 PA 442, MCL 15.231 to
15.246.
•Break up R 340.1353(2) into 2 subrules, add clarity about notice that the department is granting a
request for promulgation of a rule, and align new R 340.1353(3)(b) with MCL 24.238.
•Rescind R 340.1354 because it duplicates the FOIA, and amend the title of the rule set to reflect
this action.
8. Please cite the specific promulgation authority for the rules (i.e. department director,
commission, board, etc.).
The superintendent of public instruction has promulgation authority for the rules.
A. Please list all applicable statutory references (MCLs, Executive Orders, etc.).
The superintendent of public instruction has promulgation authority under sections 33 and 63 of
the Administrative Procedures Act of 1969, 1969 PA 306, MCL 24.233 and 24.263, and Executive
Reorganization Order No. 1996-6, MCL 388.993.
B. Are the rules mandated by any applicable constitutional or statutory provision? If so, please
explain.
The rules describe procedures for requesting declaratory rulings and for requesting the
promulgation of rules. MCL 24.233 requires the Department of Education to promulgate rules
prescribing its procedures available to the public and the methods by which the public may obtain
information and submit requests. This includes the procedure for requesting promulgation of a rule
under MCL 24.238. MCL 24.263 requires the Department of Education to prescribe by rule the
form for requests for declaratory rulings and the procedure for submission, consideration, and
disposition of requests for declaratory rulings.
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.
As amended, the rules will not 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?
MCL 24.239