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:  
Liquor Control Commission  
3. Promulgation type:  
MCL 24.244 (1)  
4. Title of proposed rule set:  
Church or School Hearings  
5. Rule numbers or rule set range of numbers:  
R 436.1951 - R 436.1963  
6. Estimated time frame:  
6 months  
Name of person filling out RFR:  
David Marvin  
Email of person filling out RFR:  
MarvinD@michigan.gov  
Phone number of person filling out RFR:  
517-582-3289  
Address of person filling out RFR:  
Constitution Hall, 2nd Floor  
525 W Allegan  
Lansing, MI 48909  
7. Describe the general purpose of these rules, including any problems the changes are intended  
to address.  
The general purpose of R 436.1953 and R 436.1959 is to provide regulations on the procedures for  
the Commission to notify churches or schools of a proposed liquor license within 500 feet of the  
church or school and to determine the burden of proof in a church or school hearing. The  
Commission requests that the citations of section 107(7) and 111(8) of 1998 PA 58, MCL 436.1107(7)  
and MCL 436.1111(8), that appear in both rules be amended to strike the subsection numbers to  
avoid incorrect citations when future statutory changes occur.  
8. Please cite the specific promulgation authority for the rules (i.e., department director,  
commission, board, etc.).  
General rulemaking authority is conferred on the Michigan Liquor Control Commission by Section  
215(1) of 1998 PA 58, MCL 436.1215(1), and Executive Reorganization Order No. 2011-4, MCL  
445.2030.  
A. Please list all applicable statutory references (MCLs, Executive Orders, etc.).  
Article IV, Section 40, of the Michigan Constitution (1963), Section 201 of 1998 PA 58, MCL  
436.1201, Section 215(1) of 1998 PA 58, MCL 436.1215(1), and Executive Reorganization  
Order No. 2011-4, MCL 445.2030.  
B. Are the rules mandated by any applicable constitutional or statutory provision? If so,  
please explain.  
Article IV, Section 40, of the Michigan Constitution (1963), permits the legislature to establish a  
Liquor Control Commission, which shall exercise complete control of the alcoholic beverage  
MCL 24.239  
RFR-Page 2  
traffic within this state, including the retail sales thereof, subject to statutory limitations. MCL  
436.1201(2) provides the Commission with the sole right, power, and duty to control the  
alcoholic beverage traffic and traffic in other alcoholic liquor within this state, including the  
manufacture, importation, possession, transportation, and sale thereof and MCL 436.1215(1)  
provides the Commission with general rulemaking authority.  
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.  
Neither rule conflicts with or duplicates 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?  
No.  
11. Are the rules listed on the department’s annual regulatory plan as rules to be processed for  
the current year?  
No.  
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?  
MCL 24.244 (1)  
A. Explain why the rules are being promulgated under 24.244.  
The proposed amendments to R 436.1953 and R 436.1959 are being promulgated under MCL  
24.244 to correct errors in statute citations in the rules from when the statute subsections were  
renumbered. The amendments to these rules will correct the statute citations so that if the  
statute sections are amended in the future, the rules will not be incorrect or require further  
amendment.  
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  
;