Summary of Michigan HB 5818 (2025-2026)
Purpose and intent
- HB 5818 amends the Administrative Procedures Act of 1969 to overhaul how rules are proposed, reviewed, and promulgated in Michigan.
- The bill creates a new joint legislative committee focused on regulatory oversight and administrative review and modifies the process for major vs. nonmajor rules, with added timing and procedural steps.
- It ties enactment to HB 5817, i.e., it is contingent on that companion measure being enacted.
Key provisions and changes
1) Definitions and scope (Sec. 3; new sections 67, 67a, 67b)
- Establishes modernized terminology for “rule,” “agency,” “contested case,” and other terms, with specific references to advisory committees, hearings, and rulemaking records.
- Introduces recognition of a joint committee on regulatory oversight and administrative review as the central oversight body.
- Clarifies what constitutes a “decision record” for rulemaking when advisory input is received.
2) Agency rulemaking requirements (Sec. 33)
- Agencies must promulgate rules describing:
- Their organization and general operations.
- Procedures available to the public for obtaining information and submitting requests.
- Procedures for contested cases, aligned with the act and other statutes.
3) Exceptions and adjustments to notice and comment (Sec. 44)
- Allows amendments or rescissions of obsolete or formally necessary corrections to rules without triggering standard Sections 41/42 procedures, if approved in the LSB (Legislative Service Bureau) approval certificate.
- Exempts certain occupational safety and health act-related rules that are substantially similar to federal standards from some standard notice requirements, with specified notice and comment windows (35 days notice; up to 21 days for comment).
- Allows changes to proposed rules during processing if the regulatory impact and small-business impact remain not more burdensome than the original text, per office determination.
4) Rule filing, publication, and effectiveness (Sec. 46; 47)
- The State Office of Administrative Hearings and Rules must file rules with the Secretary of State, including certificates of approval and multiple copies, and ensure publication in the Michigan Administrative Code.
- For nonmajor rules, rules generally become effective on December 31 of the next odd year after submission, subject to committee actions; major rules require concurrent-legislature action to set an effective date via a concurrent resolution.
5) Rule suspension and withdrawal (Sec. 52)
- The committee may suspend rules between sessions via concurrent resolution; suspended rules cannot be published while suspended and stay in effect until the end of the next regular legislative session.
- Prohibits meetings after sine die adjournment in an even-numbered year.
6) Legislative Rulemaking Review Committee (Chapter 3A) Sec. 67-67b
- Establishes the Joint Committee on Regulatory Oversight and Administrative Review (JROR) as a standing bicameral committee with 5 Senate and 5 House members (3 majority, 2 minority in each chamber).
- Structure and governance:
- Chair rotation: Senate in odd years, House in even years.
- Members serve without compensation but are reimbursed for expenses; expenses split by chamber.
- Simple majority required for committee actions; quorum requirement is relaxed (quorum not needed for testimony or adjournment motions).
Rules for committee conduct cannot conflict with this act, other laws, or joint Senate-House rules.
7) Committee authority over rules (Sec. 67a)
- The committee may review current and proposed rules to assess:
- Valid delegated authority and statutory authority status.
- Whether rules implement statutes as intended.
- Compliance with rulemaking requirements, including regulatory impact and small-business impact statements.
- The committee can request information from agencies and must coordinate with standing committees with jurisdiction over the subject matter.
8) Actions on proposed nonmajor rules (Sec. 67b)
- By December 31 of the even-numbered year of the term in which a rule is transmitted:
- The committee can approve, disapprove (and amend), or require amendments.
- It can determine a proposed rule is a major rule and transmit documents to the legislature for a major-rule process.
- If approved or not disapproved, the rule takes effect as specified under Sec. 47; amended rules must be re-published for notice.
- If no action is taken by the deadline, the agency must withdraw the proposed nonmajor rule by a sine die deadline; withdrawal terminates rulemaking for adoption but does not prevent new rulemaking on the same topic.
Enacting and effective date
- Repeals certain sections (35, 45a, 45c) of the 1969 act and enacts related provisions.
- The act’s effect is contingent on the enactment of HB 5817 (requested bill 25).
Potential impact and scope
- Introduces a formal, ongoing legislative review layer for agency rulemaking through JROR.
- Potentially increases transparency and legislative oversight, especially for “nonmajor” rules, with a framework for early approval, amendment, or designation as major rules.
- Alters timelines for rule effectiveness, adoption, and potential suspension between sessions.
- Affects agencies’ rulemaking workload, public notice requirements, and the balance between executive and legislative roles in regulatory policy.
