Michigan Office of Administrative Hearings and Rules  
Administrative Rules Division (ARD)  
MOAHR-Rules@michigan.gov  
REQUEST FOR RULEMAKING (RFR)  
1. Department:  
Education  
2. Bureau:  
State Tenure Commission  
3. Promulgation type:  
MCL 24.244 (1)  
4. Title of proposed rule set:  
State Tenure Commission Rules  
5. Rule numbers or rule set range of numbers:  
R 38.131 to R 38.179  
6. Estimated time frame:  
3 months  
Name of person filling out RFR:  
Jennifer Cook  
Email of person filling out RFR:  
CookJ9@michigan.gov  
Phone number of person filling out RFR:  
517-241-6986  
Address of person filling out RFR:  
P.O. Box 30008, 608 W. Allegan St., Lansing, MI 48933  
7. Describe the general purpose of these rules, including any problems the changes are intended  
to address.  
The general purposes of the rules are to update a web address; update the hours of the State Tenure  
Commission (STC) to include the lunch hour; eliminate the option of filing and serving pleadings by  
facsimile because it is unreliable and subject to mechanical breakdown, impedes compliance with the  
strict timelines of the Teachers’ Tenure Act, has not been used for over 5 years, and is outdated in  
light of the transition to primarily remote work; eliminate the unnecessary distinction between  
“physical” and “mailing” addresses; align the rules with the statutory authority of the administrative law  
judge and the STC; remove two references to certified mail, which requires a trip to the post office, is  
outdated in light of the transition to primarily remote work, is unenforced, and is unnecessary in light  
of other methods of communication that ensure delivery; remove the unnecessary, burdensome, and  
unenforced requirement to provide a copy of a pleading; remove the unenforced, unreasonable  
restriction about when an attorney representing a party may file an appearance, which contradicts  
and unduly limits the rule that a party may be represented by an attorney; add clarity and eliminate  
internal inconsistency; improve organization by rearranging rules, including moving all definitions to  
the definitions rule; delete language that mirrors applicable administrative rules and court rules;  
rescind unnecessary rules; align the rules with current practice regarding remote proceedings; correct  
grammatical errors; and conform with Administrative Rules in Michigan: A Manual of Style (June  
2023) and Legislative Service Bureau style requirements.  
8. Please cite the specific promulgation authority for the rules (i.e., department director,  
commission, board, etc.).  
The State Tenure Commission has promulgation authority for the rules.  
A. Please list all applicable statutory references (MCLs, Executive Orders, etc.).  
MCL 24.239  
RFR-Page 2  
The State Tenure Commission has authority to promulgate the rules under section 4 of article  
IV, section 1 of article VI, and section 10 of article VII of 1937 (Ex. Sess.) PA 4, MCL 38.104,  
38.121, and 38.140, and sections 63 and 74 of the administrative procedures act of 1969, 1969  
PA 306, MCL 24.263 and 24.274.  
B. Are the rules mandated by any applicable constitutional or statutory provision? If so,  
please explain.  
MCL 38.104(4) requires hearings to be in accordance with rules promulgated by the State  
Tenure Commission (STC). MCL 38.121 requires that notice and conduct of hearings be in  
accordance with rules promulgated by the STC. MCL 38.140 requires the STC to “draw up  
rules.” MCL 24.263 requires the STC to prescribe by rule the form for requests for declaratory  
rulings and the procedures for their submission, consideration, and disposition.  
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 proposed rules include deletion of language that duplicates Michigan court rules and  
administrative rules of the Michigan Office of Administrative Hearings and Rules. As proposed to be  
amended, the rules do 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?  
The subject matter of the rules is not currently contained in any guideline, handbook, manual,  
instructional bulletin, form with instructions, or operational memoranda.  
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 Department of Education’s 2025-2026 annual regulatory plan as rules to  
be processed for the current year.  
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 rules will be promulgated under Section 44 of the Administrative Procedures Act  
of 1969, 1969 PA 306, MCL 24.244, because the proposed changes will accomplish the purely  
formal purposes of updating a web address, the hours of the State Tenure Commission, the  
methods for sending documents, and the methods of holding hearings and prehearing  
conferences; moving all definitions to the definitions rule and otherwise rearranging the rules  
and revising language for clarity, to correct grammatical errors, and eliminate internal  
inconsistency; removing the requirement that parties provide copies of documents; deleting  
language that mirrors applicable rules and court rules; rescinding unnecessary rules; and  
conforming with Administrative Rules in Michigan: A Manual of Style (June 2023) and  
Legislative Service Bureau style requirements.  
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  
;