HB 5818 — 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

HB-5818, As Passed House, June 9, 2026 HOUSE BILL NO.

RMH H03498'25_HB5818_INTR_1H03498'25_HB5818_APH_1 y8i6txsdc3xn THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

(d) (3) "Contested case", except as provided in section 122, means a proceeding, including rate-making, price-fixing, and licensing, in which a determination of the legal rights, duties, or RMH H03498'25_HB5818_INTR_1H03498'25_HB5818_APH_1 y8i6txsdc3xn 1 privileges of a named party is required by law to be made by an agency after an opportunity for an evidentiary hearing.

RMH H03498'25_HB5818_INTR_1H03498'25_HB5818_APH_1 y8i6txsdc3xn 1 (c) "Major rule" means a rule that will result in or is likely to result in 1 or more of the following:

RMH H03498'25_HB5818_INTR_1H03498'25_HB5818_APH_1 y8i6txsdc3xn 1 (i) "Person" means an individual, partnership, association, corporation, limited liability company, limited liability partnership, governmental subdivision, or public or private organization of any kind other than the agency engaged in the particular processing of a rule, declaratory ruling, or contested case.

(1) Sections 41 and 42 do not apply to an amendment or rescission of a rule that is obsolete or superseded, or that is required to make obviously needed corrections to make the rule RMH H03498'25_HB5818_INTR_1H03498'25_HB5818_APH_1 y8i6txsdc3xn 1 conform to an amended or new statute or to accomplish any other solely formal purpose, if a statement to that effect is included in the legislative service bureau certificate of approval of the rule issued under section 45.

(1) To promulgate a rule the state office of administrative hearings and rules shall file in the office of the secretary of state 3 copies of the rule bearing the required certificates of approval and adoption, true copies of the rule RMH H03498'25_HB5818_INTR_1H03498'25_HB5818_APH_1 y8i6txsdc3xn 1 without the certificates, and 1 electronic copy.

(i) Subject to the requirements under section 67b, on December 31 of the even-numbered year after the nonmajor rule is submitted RMH H03498'25_HB5818_INTR_1H03498'25_HB5818_APH_1 y8i6txsdc3xn 1 under a notice of transmittal to the committee under section 45.

(1) If authorized by concurrent resolution of the legislature, the committee, acting between regular sessions of an odd-numbered year and an even-numbered year, may suspend a rule or a part of a rule promulgated during the interim between regular RMH H03498'25_HB5818_INTR_1H03498'25_HB5818_APH_1 y8i6txsdc3xn 1 sessions.

(4) Members of the committee shall serve without compensation RMH H03498'25_HB5818_INTR_1H03498'25_HB5818_APH_1 y8i6txsdc3xn 1 but must be reimbursed for expenses incurred in the business of the committee.

RMH H03498'25_HB5818_INTR_1H03498'25_HB5818_APH_1 y8i6txsdc3xn 1 (c) The rule or proposed nonmajor rule is necessary to accomplish the apparent or expressed intent of the specific statute that the rule implements.

RMH H03498'25_HB5818_INTR_1H03498'25_HB5818_APH_1 y8i6txsdc3xn 1 (b) Disapprove the proposed nonmajor rule and propose an amendment to the rule.

The agency shall provide an explanation of the reasons for changes between the text of the RMH H03498'25_HB5818_INTR_1H03498'25_HB5818_APH_1 y8i6txsdc3xn 1 proposed nonmajor rule as originally submitted to the committee and the text of the amended proposed nonmajor rule.

A withdrawal under this subsection terminates the rulemaking with respect to the adoption but does not prevent the agency from initiating new rulemaking for RMH H03498'25_HB5818_INTR_1H03498'25_HB5818_APH_1 y8i6txsdc3xn the same or substantially similar adoption.

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