Administrative procedure: rules; requirement to eliminate regulations; provide for. Amends sec. 39 of 1969 PA 306 (MCL 24.239).
Impact
The implications of HB 4039 are significant as it would formalize the rule-making process and promote a higher level of oversight by requiring that all requests are logged and made available to the general public. This could enhance governmental transparency and accountability. The intention is to minimize unnecessary regulations while ensuring that any new rules have a sound basis and necessity, ideally creating a more efficient regulatory environment.
Summary
House Bill 4039 aims to amend the Administrative Procedures Act of 1969 by instituting a more structured approach to rule-making processes within agencies. Specifically, the bill requires agencies to file a request for rule-making with the Michigan Office of Regulatory Reinvention before they initiate any changes or additions to existing rules. This request must include the legal basis for the proposed changes, a description of the problem it seeks to address, and an assessment of the significance of that problem. Furthermore, agencies are mandated to rescind two existing rules for each new rule proposed, aiming to streamline regulations and reduce redundancy.
Sentiment
Overall, the sentiment surrounding HB 4039 appears to be cautiously positive among supporters who value the emphasis on regulatory reform and transparency. Many believe that it aligns with the broader push for government efficiency and responsiveness. However, some concerns were voiced about the potential for this bill to limit necessary regulation in sensitive areas where existing rules are crucial for public welfare and safety, leading to a mixed reception.
Contention
Notable points of contention relate to the requirement that two existing rules must be rescinded for each new rule proposed, which some stakeholders fear could undermine vital regulations. Critics argue that while streamlining rules is necessary, it should not come at the cost of weakening essential protections. Additionally, the role of the Michigan Office of Regulatory Reinvention in approving these requests has raised questions about the balance of power in regulatory processes, hinting at the potential for either bureaucratic bottlenecks or too much centralization of authority.
Administrative procedure: rules; adoption of rules by state agencies more stringent than federal regulations; prohibit. Amends secs. 32 & 45 of 1969 PA 306 (MCL 24.232 & 24.245).
Administrative procedure: rules; adoption of rules by state agencies more stringent than federal regulations; prohibit. Amends secs. 32 & 45 of 1969 PA 306 (MCL 24.232 & 24.245).
Administrative procedure: guidelines; de novo review during administrative law hearings; allow. Amends secs. 79 & 106 of 1969 PA 306 (MCL 24.279 & 24.306).
Administrative procedure: rules; definition of a rule; exclude cleanup criteria and target detection limits. Amends sec. 7 of 1969 PA 306 (MCL 24.207). TIE BAR WITH: SB 391'25, SB 392'25
Administrative procedure: rules; process for promulgating rules and creation of the joint committee on regulatory oversight and administrative review; provide for. Amends, adds & repeals (See bill). TIE BAR WITH: HB 5817'26
Administrative procedure: rules; process for promulgating rules and creation of the joint committee on regulatory oversight and administrative review; provide for. Amends, adds & repeals (See bill). TIE BAR WITH: HB 5817'26
Occupations: individual licensing and registration; testing of control and safety devices by boiler repairers and installers; allow. Amends sec. 907 of 2016 PA 407 (MCL 339.5907).
Marihuana: licenses; new licenses for marihuana retailers; prohibit the cannabis regulatory agency from issuing unless certain conditions are met. Amends secs. 7, 8, 9 & 9a of 2018 IL 1 (MCL 333.27957 et seq.) & adds sec. 9c. TIE BAR WITH: HB 5444'25, HB 5441'25, HB 5442'25