Michigan Office of Administrative Hearings and Rules  
Administrative Rules Division (ARD)  
MOAHR-Rules@michigan.gov  
REQUEST FOR RULEMAKING (RFR)  
1. Department:  
Lifelong Education, Advancement, and Potential  
2. Bureau:  
Office of the Director  
3. Promulgation type:  
Full Process  
4. Title of proposed rule set:  
Declaratory Rulings  
5. Rule numbers or rule set range of numbers:  
R 390.101 - R 390.199  
6. Estimated time frame:  
12 months  
Name of person filling out RFR:  
Stacy Guthrie  
Email of person filling out RFR:  
GuthrieS4@michigan.gov  
Phone number of person filling out RFR:  
517-328-8296  
Address of person filling out RFR:  
105 W ALLEGAN ST LANSING MI 48915  
7. Describe the general purpose of these rules, including any problems the changes are intended  
to address.  
The rules would establish a process for declaratory rulings as required by the Administrative  
Procedures Act, MCL 24.263. As a new department, MiLEAP has not yet promulgated rules to  
establish a declaratory rulings process as required by the Administrative Procedures Act and this  
ruleset would ensure that the department is in compliance with statute.  
8. Please cite the specific promulgation authority for the rules (i.e., department director,  
commission, board, etc.).  
Department Director.  
A. Please list all applicable statutory references (MCLs, Executive Orders, etc.).  
MCL 24.263  
Executive Reorganization Order No. 2023-6, MCL 388.1283  
B. Are the rules mandated by any applicable constitutional or statutory provision? If so,  
please explain.  
Section 63 of the Administrative Procedures Act, Public Act 306 of 1969, states that pertaining  
to declaratory rulings “An agency shall prescribe by rule the form for such a request and  
procedure for its 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.  
To our knowledge, there is no conflict or duplication with other standards. The department is required  
to promulgate rules establishing a declaratory rulings process.  
MCL 24.239  
RFR-Page 2  
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?  
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 rules do not exceed similar regulations, compliance requirements, 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.  
No.  
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.  
Not applicable. This is a new ruleset.  
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?  
Not applicable. This is a new ruleset.  
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  
;