The bill amends the Administrative Procedures Act of 1969, specifically section 61, to clarify the presumption of validity for rules filed under this act. It establishes that the filing of a rule creates a rebuttable presumption that the rule was properly adopted, filed with the Secretary of State, and made available for public inspection. Additionally, the publication of a rule in the Michigan Register or the Michigan Administrative Code also raises a rebuttable presumption that the rule was adopted correctly and is a true and correct copy of the promulgated rule, with all procedural requirements having been complied with.

Furthermore, the bill introduces a provision that mandates courts to take judicial notice of rules that become effective under this act. It also stipulates that courts must exercise independent judgment in determining whether an agency has acted within its statutory authority when promulgating rules, and they are not to defer to an agency's interpretation of the law in cases of statutory ambiguity. This amendment aims to enhance the clarity and enforceability of administrative rules in Michigan.

Statutes affected:
House Introduced Bill: 24.261
As Passed by the House: 24.261