|Joint Committee on Administrative Rules|
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|Senator Peter Lucido
|Representative Matt Maddock
About JCARThe Joint Committee on Administrative Rules (JCAR) is a statutorily created bipartisan legislative committee, comprised of five house and five senate members. JCAR is responsible for legislative oversight of administrative rules proposed or adopted by state agencies. JCAR may do the following:
- The committee may meet during a session of the legislature and during an interim between sessions. MCL 24.235.
- JCAR may hold a hearing on a rule transmitted to the committee. MCL 24.235.
- JCAR may hold a hearing on any rule previously filed with the secretary of state. MCL 24.235.
- JCAR may hold a hearing on any other matter the committee considers appropriate. MCL 24.235.
- After receipt of a notice of public hearing, JCAR may meet to consider the proposed rule, take testimony, and provide the agency with the committee's informal response to the rule. MCL 24.242(5).
The committee maintains a nonpartisan staff in downtown Lansing that is responsible for processing rules transmitted to the committee by state agencies, scheduling committee hearings at the direction of the committee chair, providing members with the background and legal analysis of the rules, and reviewing proposed legislation to determine whether rulemaking authority is, or should be, necessary to carry out the legislative intent of proposed legislation.
The Rulemaking ProcessNote: The Michigan Office of Administrative Hearings and Rules (MOAHR) under the Department of Licensing and Regulatory Affairs is in charge of overseeing the administrative rulemaking process for each department. To find more information regarding MOAHR, please visit the MOAHR website at: https://www.michigan.gov//lara/0,4601,7-154-89334_10576_92306---,00.html
Request for Rulemaking. A proposal for rulemaking originates from professional boards or commissions, advisory committees, the agency, or the public. The agency submits a request for rulemaking to MOAHR for approval to start the rulemaking process. MCL 24.239.
Proposed Draft Rules. The agency drafts proposed rules, which must be submitted to MOAHR for approval. MCL 24.239a.
Regulatory Impact Statement. The agency must also prepare a regulatory impact statement, which must be submitted to MOAHR for approval. MCL 24.245(3)-(4). The regulatory impact statement generally contains the small business impact statement required under MCL 24.240. The agency must submit the regulatory impact statement to MOAHR at least 28 days before the public hearing.
Public Hearing. After giving notice, the agency holds a public hearing on the proposed rules. MCL 24.239a, MCL 24.242 and 24.245. The agency must publish the notice of public hearing not less than 10 days and not more than 60 days before the date of the public hearing. MCL 24.242(1). The agency must submit proposed rules to JCAR within 1 year of the last public hearing on the proposed rules. MCL 24.245(2). Select 'The Public's Rights with Respect to Rules' link below for an explanation of how to provide comments to the agency during the public hearing process.
Final Version of Proposed Rules. The agency finalizes the proposed rules and submits the for certification to the Legislative Service Bureau (form) and MOAHR (legal). MCL 24.245(1) to (2)
JCAR Package. The final rule package is submitted to JCAR. The rule package contains a transmittal letter, the final version of the proposed rules, an agency report to JCAR that summarizes the proposed rules and the public hearing, the Legislative Service Bureau certification, the MOAHR certification, the request for rulemaking, and the regulatory impact statement. MCL 24.245(2).
JCAR Consideration. The 15 session days for JCAR to take action begins. MCL 24.245a. Please click here for an overview of the JCAR process. The public may provide comments regarding a rule to JCAR. See link below to contact the committee regarding a rule. If the committee does not take action on the rules within 15 session days from the date of submission, the rules may be filed with the Secretary of State. Session day is defined as a day in which both the House of Representatives and the Senate convene in session and a quorum is recorded.
Adoption of Rules. If JCAR does not stop or delay the proposed rules, rules may be filed with the Secretary of State and become law. MCL 24.245a and MCL 24.246.
JCAR receives copies of all documents from each stage of the rulemaking process. To see documents provided to JCAR, select the 'Documents Provided to JCAR' below.
To view all pending rule changes or the latest rule activity, please visit the following website: https://www.michigan.gov/lara/0,4601,7-154-89334_10576_92306_92311---,00.html
To sign up for updates regarding all rulemaking activity, click here.
Please note that certain rules, guidelines, contracts, or policies are exempt from the rulemaking process due to certain exceptions under the administrative procedures act of 1969, 1969 pa 306, mcl 24.201 to 24.328
- Request for Rulemaking. A proposal for rulemaking originates from professional boards or commissions, advisory committees, the agency, or the public. The agency submits a request for rulemaking to MOAHR for approval to start the rulemaking process. MCL 24.239.
The Public's Rights with Respect to RulesThe public may take any of the following actions regarding rules:
Public Comment. A person has an opportunity to present data, views, questions, and arguments regarding a view during the public hearing process. MCL 24.245a and MCL 24.241. Written comments may be sent to the agency or testimony may be given at the public hearing. Follow the instructions in the notice of a public hearing to provide comments. To see notices of public hearing received in 2019 visit the 'JCAR Document Folder' under the 'Documents Provided to JCAR' link below.
Contact JCAR. A person may contact JCAR at any point during the rulemaking process to express concerns or other opinions regarding proposed or enacted rules. Select the 'Contact the Committee' link to contact the Committee.
Request a Declaratory Ruling. After a rule is promulgated, a person may request a declaratory ruling from an agency regarding the applicability of a statute or rule to an actual state of facts. A declaratory ruling is subject to judicial review in the same manner as an agency final decision or order in a contested case. A declaratory ruling is binding on the agency and the person requesting it unless it is altered or set aside by a court. An agency may not retroactively change a declaratory ruling, but it may prospectively change a declaratory ruling. MCL 24.245a and MCL 24.263.
File an Action for Judicial Review. A person may also challenge a promulgated rule by seeking a judicial determination as to the validity or applicability of a rule, including the failure of an agency to accurately assess the impact of the rules on businesses, including small businesses, in its regulatory impact statement. The action must be filed in the circuit court of the county where the plaintiff resides or has a principal place of business or in the circuit court for Ingham county. A person shall not commence an action unless the plaintiff has first requested the agency for a declaratory ruling and the agency has denied the request or failed to act upon it expeditiously. MCL 24.245a and MCL 24.264.
- Public Comment. A person has an opportunity to present data, views, questions, and arguments regarding a view during the public hearing process. MCL 24.245a and MCL 24.241. Written comments may be sent to the agency or testimony may be given at the public hearing. Follow the instructions in the notice of a public hearing to provide comments. To see notices of public hearing received in 2019 visit the 'JCAR Document Folder' under the 'Documents Provided to JCAR' link below.
Minutes of JCAR Meetings
2014December 17, 2014
December 11, 2014
October 22, 2014
October 1, 2014
June 4, 2014
May 22, 2014
March 19, 2014
March 12, 2014 opposition
March 12, 2014
Documents Provided to JCAR
JCAR Documents Folder
The 'JCAR Documents Folder' link contains documents provided to the Joint Committee on Administrative Rules by the Michigan Office of Administrative Hearings and Rules during the year shown. Please note that these documents may relate to proposed rules in process that are not yet before the committee, rules that have been finalized since receipt of the document and therefore are no longer before the committee, or rules, guidelines, contracts, or policies that due to an exception under the administrative procedures act of 1969, 1969 pa 306, mcl 24.201 to 24.328, are not required to be submitted to the committee. In addition, please note that this website may not reflect all proposed rule changes or contain all documents related to proposed rule changes. to view all pending rule changes, please visit the following website https://www.michigan.gov/lara/0,4601,7-154-89334_10576_92306_92311_92355---,00.html
Rules before JCAR
The Joint Committee on Administrative Rules may meet and consider rules properly before it. The Committee may file a notice of objection, propose that rules be changed, or introduce legislation enacting the subject of the rules into law. If the committee does not take action on the rules within 15 session days from the date of submission, the rules may be filed with the Secretary of State. Session day is defined as a day in which both the House of Representatives and the Senate convene in session and a quorum is recorded.
Rules currently before the committee can be seen here.
Administrative rules proposed by state agencies generally go through a rulemaking process before submission to the Joint Committee on Administrative Rules. Therefore, in addition to the rules before the Committee, there may be other proposed rules in process. To view all pending rule changes, please visit the following website: https://www.michigan.gov/lara/0,4601,7-154-89334_10576_92306_92311---,00.html
To view the latest rulemaking activity, please visit the following website: https://dtmb.state.mi.us/DTMBORR/Latest_Rule_changes.aspx.
Contact the CommitteeIf you would like to provide the committee with a comment regarding an administrative rule, please complete the following form to submit an email to the Chairperson and Alternate Chairperson of the committee.
Please note that this is not the correct forum for submitting public hearing comments to a state agency regarding a proposed rule. Please review the notice of public hearing for the address where public hearing comments should be sent.