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ASAC Meeting, May 28, 2008ASAC Meeting, May 28, 2008 11
Administrative Rule Making Administrative Rule Making ProcessProcess
in a nutshellin a nutshell
ASAC Meeting, May 28, 2008ASAC Meeting, May 28, 2008 22
IntroductionIntroduction
Presented byPresented by John Ferris, Jr., Health PhysicistJohn Ferris, Jr., Health Physicist Department of Community HealthDepartment of Community Health Radiation Safety SectionRadiation Safety Section www.michigan.gov/rsswww.michigan.gov/rss [email protected]@michigan.gov Phone: 313 456-4660Phone: 313 456-4660
ASAC Meeting, May 28, 2008ASAC Meeting, May 28, 2008 33
From Idea to RuleFrom Idea to Rule
How do we get there?How do we get there? Multistep processMultistep process
ASAC Meeting, May 28, 2008ASAC Meeting, May 28, 2008 44
ACRONYMSACRONYMS
APA – Administrative Procedures ActAPA – Administrative Procedures Act JCAR – Joint Committee on Administrative JCAR – Joint Committee on Administrative
RulesRules LSB – Legislative Service BureauLSB – Legislative Service Bureau ORR - Office of Regulatory ReformORR - Office of Regulatory Reform RAO – Regulatory Affairs OfficerRAO – Regulatory Affairs Officer RFR – Request for RulemakingRFR – Request for Rulemaking RIS – Regulatory Impact StatementRIS – Regulatory Impact Statement RPAF – Rulemaking Policy Analysis FormRPAF – Rulemaking Policy Analysis Form SOAHR – State Office of Administrative SOAHR – State Office of Administrative
Hearings and RulesHearings and Rules
ASAC Meeting, May 28, 2008ASAC Meeting, May 28, 2008 55
Administrative Procedures ActAdministrative Procedures Act
Public ActsPublic Acts PA 262 of 1999PA 262 of 1999 PA 263 of 1999PA 263 of 1999 PA 264 of 1999PA 264 of 1999
Executive Order 2005-1Executive Order 2005-1 Created SOAHR (formerly ORR)Created SOAHR (formerly ORR) SOAHR is in DLEGSOAHR is in DLEG
ASAC Meeting, May 28, 2008ASAC Meeting, May 28, 2008 66
ProcessProcess
With administrative rules, timing is With administrative rules, timing is everythingeverything
LandminesLandmines
ASAC Meeting, May 28, 2008ASAC Meeting, May 28, 2008 77
New RulesNew Rules
Public RequestPublic Request Advisory BoardsAdvisory Boards CommissionsCommissions
Legal Mandate Legal Mandate Departmental AgencyDepartmental Agency
ASAC Meeting, May 28, 2008ASAC Meeting, May 28, 2008 88
Request for RulemakingRequest for Rulemaking (RFR)(RFR)
RAO approval required (Dept.)RAO approval required (Dept.) SOAHR approval requiredSOAHR approval required
Post RFR on their web sitePost RFR on their web site RFR 2008-015RFR 2008-015 RFR 2008-016RFR 2008-016 RFR 2008-017RFR 2008-017
JCAR notifiedJCAR notified
ASAC Meeting, May 28, 2008ASAC Meeting, May 28, 2008 99
Draft Rules/approval/submissionDraft Rules/approval/submission
Proposed rules Proposed rules Format must follow LSB style guideFormat must follow LSB style guide SOAHR assigns rule numbersSOAHR assigns rule numbers
RAO approvalRAO approval SOAHR approval SOAHR approval
For legal authorityFor legal authority Follow intent of the RFRFollow intent of the RFR
SOAHR willSOAHR will Deny approval to proceedDeny approval to proceed Request changes, orRequest changes, or Grant approval and forward to LSB for an Grant approval and forward to LSB for an
informal reviewinformal review
ASAC Meeting, May 28, 2008ASAC Meeting, May 28, 2008 1010
Draft Rules/approval/submissionDraft Rules/approval/submission
LSB reviews and editsLSB reviews and edits FormForm ClassificationClassification ArrangementArrangement
Agency makes changesAgency makes changes SOAHR approvedSOAHR approved
Send copy to JCARSend copy to JCAR Post a copy on their web sitePost a copy on their web site
ASAC Meeting, May 28, 2008ASAC Meeting, May 28, 2008 1111
Regulatory Impact Statement Regulatory Impact Statement (RIS)(RIS)
The “why” and “$” documentThe “why” and “$” document RIS filed with SOAHRRIS filed with SOAHR
At least 28 days prior to the first At least 28 days prior to the first public hearingpublic hearing
Rule Making Policy Analysis Form Rule Making Policy Analysis Form (RPAF) (RPAF)
SOAHRSOAHR Posts RIS on their web sitePosts RIS on their web site Notify JCARNotify JCAR
ASAC Meeting, May 28, 2008ASAC Meeting, May 28, 2008 1212
Public Hearing NoticePublic Hearing Notice
Published in three newspapersPublished in three newspapers General circulationGeneral circulation One paper in UPOne paper in UP Not less than 10 days nor more Not less than 10 days nor more
than 60 days prior to the hearingthan 60 days prior to the hearing Michigan RegisterMichigan Register
Copy of the draft rulesCopy of the draft rules Hearing DatesHearing Dates
JCAR notifiedJCAR notified
ASAC Meeting, May 28, 2008ASAC Meeting, May 28, 2008 1313
Post Public HearingPost Public Hearing
Request for changes reviewedRequest for changes reviewed Public hearing transcriptPublic hearing transcript Written commentary from publicWritten commentary from public
ChangesChanges Substantive changes require a Substantive changes require a
new public hearingnew public hearing Non-substantive changes, Non-substantive changes,
changes approved by SOAHR or changes approved by SOAHR or changes requested by SOAHR do changes requested by SOAHR do not require another public hearingnot require another public hearing
ASAC Meeting, May 28, 2008ASAC Meeting, May 28, 2008 1414
Formal CertificationFormal Certification
RAO completes a JCAR Agency ReportRAO completes a JCAR Agency Report Includes a synopsis of public comments and any Includes a synopsis of public comments and any
changes madechanges made LSB legal certificationLSB legal certification
FormForm ClassificationClassification ArrangementArrangement
SOAHR legal certification SOAHR legal certification Statutory authorityStatutory authority Constitutional rights violationsConstitutional rights violations APA conformityAPA conformity
SOAHR posts certified rules on webSOAHR posts certified rules on web SOAHR completes the JCAR packageSOAHR completes the JCAR package
ASAC Meeting, May 28, 2008ASAC Meeting, May 28, 2008 1515
JCAR JCAR
JCAR package submitted within JCAR package submitted within 1 year after public hearing1 year after public hearing
JCAR has 15 session days to JCAR has 15 session days to reviewreview Notice of ObjectionNotice of Objection No objectionNo objection
ASAC Meeting, May 28, 2008ASAC Meeting, May 28, 2008 1616
Rules FiledRules FiledThe Office of the Great SealThe Office of the Great Seal
ASAC Meeting, May 28, 2008ASAC Meeting, May 28, 2008 1717
SOAHR ContactsSOAHR Contacts
www.michigan.gov/soahrwww.michigan.gov/soahr [email protected] [email protected]