Administrative procedure: judicial review; judicial review of administrative rules; modify. Amends sec. 61 of 1969 PA 306 (MCL 24.261).
transmitted
Summary
The bill adds rebuttable presumptions that a rule is properly adopted, filed, and publicly available once it is filed with the secretary of state or published in the Michigan Register or Administrative Code. It also requires courts to take such rules as judicial notice but to independently assess whether an agency acted within its authority, without deferring to agency interpretations of ambiguous statutes. This changes how Michigan courts review administrative rules and impacts state agencies and regulated parties.
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