1. ASAC Meeting, May 28, 2008 1 Administrative Rule Making Process in a nutshell

2. ASAC Meeting, May 28, 20082 Introduction Presented by Presented by John Ferris, Jr., Health Physicist John Ferris, Jr., Health Physicist Department of Community Health Department of Community Health Radiation Safety Section Radiation Safety Section www.michigan.gov/rss www.michigan.gov/rss jeferri@michigan.gov jeferri@michigan.gov Phone: 313 456-4660 Phone: 313 456-4660

3. ASAC Meeting, May 28, 20083 From Idea to Rule How do we get there? How do we get there? Multistep process Multistep process

4. ASAC Meeting, May 28, 20084 ACRONYMS APA – Administrative Procedures Act APA – Administrative Procedures Act JCAR – Joint Committee on Administrative Rules JCAR – Joint Committee on Administrative Rules LSB – Legislative Service Bureau LSB – Legislative Service Bureau ORR - Office of Regulatory Reform ORR - Office of Regulatory Reform RAO – Regulatory Affairs Officer RAO – Regulatory Affairs Officer RFR – Request for Rulemaking RFR – Request for Rulemaking RIS – Regulatory Impact Statement RIS – Regulatory Impact Statement RPAF – Rulemaking Policy Analysis Form RPAF – Rulemaking Policy Analysis Form SOAHR – State Office of Administrative Hearings and Rules SOAHR – State Office of Administrative Hearings and Rules

5. ASAC Meeting, May 28, 20085 Administrative Procedures Act Public Acts Public Acts PA 262 of 1999 PA 262 of 1999 PA 263 of 1999 PA 263 of 1999 PA 264 of 1999 PA 264 of 1999 Executive Order 2005-1 Executive Order 2005-1 Created SOAHR (formerly ORR) Created SOAHR (formerly ORR) SOAHR is in DLEG SOAHR is in DLEG

6. ASAC Meeting, May 28, 20086 Process With administrative rules, timing is everything With administrative rules, timing is everything Landmines Landmines

7. ASAC Meeting, May 28, 20087 New Rules Public Request Public Request Advisory Boards Advisory Boards Commissions Commissions Legal Mandate Legal Mandate Departmental Agency Departmental Agency

8. ASAC Meeting, May 28, 20088 Request for Rulemaking (RFR) RAO approval required (Dept.) RAO approval required (Dept.) SOAHR approval required SOAHR approval required Post RFR on their web site Post RFR on their web site RFR 2008-015 RFR 2008-015 RFR 2008-016 RFR 2008-016 RFR 2008-017 RFR 2008-017 JCAR notified JCAR notified

9. ASAC Meeting, May 28, 20089 Draft Rules/approval/submission Proposed rules Proposed rules Format must follow LSB style guide Format must follow LSB style guide SOAHR assigns rule numbers SOAHR assigns rule numbers RAO approval RAO approval SOAHR approval SOAHR approval For legal authority For legal authority Follow intent of the RFR Follow intent of the RFR SOAHR will SOAHR will Deny approval to proceed Deny approval to proceed Request changes, or Request changes, or Grant approval and forward to LSB for an informal review Grant approval and forward to LSB for an informal review

10. ASAC Meeting, May 28, 200810 Draft Rules/approval/submission LSB reviews and edits LSB reviews and edits Form Form Classification Classification Arrangement Arrangement Agency makes changes Agency makes changes SOAHR approved SOAHR approved Send copy to JCAR Send copy to JCAR Post a copy on their web site Post a copy on their web site

11. ASAC Meeting, May 28, 200811 Regulatory Impact Statement (RIS) The “why” and “$” document The “why” and “$” document RIS filed with SOAHR RIS filed with SOAHR At least 28 days prior to the first public hearing At least 28 days prior to the first public hearing Rule Making Policy Analysis Form (RPAF) Rule Making Policy Analysis Form (RPAF) SOAHR SOAHR Posts RIS on their web site Posts RIS on their web site Notify JCAR Notify JCAR

12. ASAC Meeting, May 28, 200812 Public Hearing Notice Published in three newspapers Published in three newspapers General circulation General circulation One paper in UP One paper in UP Not less than 10 days nor more than 60 days prior to the hearing Not less than 10 days nor more than 60 days prior to the hearing Michigan Register Michigan Register Copy of the draft rules Copy of the draft rules Hearing Dates Hearing Dates JCAR notified JCAR notified

13. ASAC Meeting, May 28, 200813 Post Public Hearing Request for changes reviewed Request for changes reviewed Public hearing transcript Public hearing transcript Written commentary from public Written commentary from public Changes Changes Substantive changes require a new public hearing Substantive changes require a new public hearing Non-substantive changes, changes approved by SOAHR or changes requested by SOAHR do not require another public hearing Non-substantive changes, changes approved by SOAHR or changes requested by SOAHR do not require another public hearing

14. ASAC Meeting, May 28, 200814 Formal Certification RAO completes a JCAR Agency Report RAO completes a JCAR Agency Report Includes a synopsis of public comments and any changes made Includes a synopsis of public comments and any changes made LSB legal certification LSB legal certification Form Form Classification Classification Arrangement Arrangement SOAHR legal certification SOAHR legal certification Statutory authority Statutory authority Constitutional rights violations Constitutional rights violations APA conformity APA conformity SOAHR posts certified rules on web SOAHR posts certified rules on web SOAHR completes the JCAR package SOAHR completes the JCAR package

15. ASAC Meeting, May 28, 200815 JCAR JCAR package submitted within 1 year after public hearing JCAR package submitted within 1 year after public hearing JCAR has 15 session days to review JCAR has 15 session days to review Notice of Objection Notice of Objection No objection No objection

16. ASAC Meeting, May 28, 200816 Rules Filed The Office of the Great Seal

17. ASAC Meeting, May 28, 200817 SOAHR Contacts www.michigan.gov/soahr www.michigan.gov/soahr SOAHR_Rules@michigan.gov SOAHR_Rules@michigan.gov