484.2213 Rules; rescission of certain rules.

337 words·~2 min read·/mi/chapter-484/484-2213

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Sec. 213.

(1)Subject to section 201 and limited to its specific authority over a service as provided under this act, the commission may promulgate rules under the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.

(2)A proceeding before the commission to promulgate rules under this act shall be concluded within 180 days from the date that the proceeding is initiated.

(3)The following administrative rules are rescinded:

(a)Privacy standards for telecommunication services, R 484.201 to R 484.208 of the Michigan administrative code.

(b)Billing standards for basic residential telecommunication service, R 484.301 to R 484.386 of the Michigan administrative code.

(c)Telecommunications service quality, R 484.519 to R 484.571 of the Michigan administrative code.

History: 1991, Act 179, Eff. Jan. 1, 1992 ;-- Am. 1995, Act 216, Imd. Eff. Nov. 30, 1995 ;-- Am. 2000, Act 295 , Imd. Eff. July 17, 2000 ;-- Am. 2004, Act 591 , Imd. Eff. Jan. 4, 2005 ;-- Am. 2005, Act 235 , Imd. Eff. Nov. 22, 2005 ;-- Am. 2011, Act 58 , Imd. Eff. June 14, 2011

Compiler's Notes: In separate opinions, the Michigan Supreme Court held that Section 45(8), (9), (10), and

(12)and the second sentence of Section 46(1) (“An agency shall not file a rule ... until at least 10 days after the date of the certificate of approval by the committee or after the legislature adopts a concurrent resolution approving the rule.”) of the Administrative Procedures Act of 1969, in providing for the Legislature's reservation of authority to approve or disapprove rules proposed by executive branch agencies, did not comply with the enactment and presentment requirements of Const 1963, Art 4, and violated the separation of powers provision of Const 1963, Art 3, and, therefore, were unconstitutional. These specified portions were declared to be severable with the remaining portions remaining effective. Blank v Department of Corrections, 462 Mich 103 (2000).

Admin Rule: R 484.401 et seq. of the Michigan Administrative Code.