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 jeferri@michigan.govjeferri@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 SOAHR_Rules@michigan.gov SOAHR_Rules@michigan.gov