24.264 Declaratory judgment as to validity or applicability of rule.
239 words·~1 min read·
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24.264 Declaratory judgment as to validity or applicability of rule.
Sec. 64.
Unless an exclusive procedure or remedy is provided by a statute governing the agency, the validity or applicability of a rule, including the failure of an agency to accurately assess the impact of the rule on businesses, including small businesses, in its regulatory impact statement, may be determined in an action for declaratory judgment if the court finds that the rule or its threatened application interferes with or impairs, or imminently threatens to interfere with or impair, the legal rights or privileges of the plaintiff.
The action shall be filed in the circuit court of the county where the plaintiff resides or has his or her principal place of business in this state or in the circuit court for Ingham county. The agency shall be made a party to the action. An action for declaratory judgment may not be commenced under this section unless the plaintiff has first requested the agency for a declaratory ruling and the agency has denied the request or failed to act upon it expeditiously. This section shall not be construed to prohibit the determination of the validity or applicability of the rule in any other action or proceeding in which its invalidity or inapplicability is asserted.
History: 1969, Act 306, Eff. July 1, 1970 ;-- Am. 2011, Act 243 , Imd. Eff. Dec. 8, 2011
Popular Name: Act 306
Popular Name: APA