The Michigan House passed legislation granting legislative authority over agency rulemaking. Under the current system, the Joint Committee on Administrative Rules (JCAR) can review proposed agency rules, but according to the sponsors, the legislature doesn’t have meaningful authority.
Key Points:
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- House Bills 5815-5818 were introduced by Representatives Doug Wozniak (R-Shelby Twp.), Luke Meerman (R-Coopersville), Joe Aragona (R-Clinton Twp.), and Bill Schuette (R-Midland).
- Under the current system, JCAR is responsible for examining rules proposed in the Michigan Administrative Code or adopted by state agencies. While the committee can raise objections and ask for changes, lawmakers have little ability to stop departments from moving forward without making changes.
- The plan creates a new Regulatory Oversight and Administrative Review (ROAR) committee to evaluate and decide on proposed administrative rules.
- It addresses how courts respond when agency rules are challenged by the legislature. Under the Chevron deference doctrine, courts are required to defer to an agency’s interpretation of ambiguous statutes, even if the court would have interpreted the statute differently.
- The proposal requires courts to exercise independent judgment when determining whether an agency acted within its statutory authority.
- Lastly, the legislation requires a review of rules after five years.
The bill package was referred to the Senate Government Operations Committee for consideration.
