In ordinary situations, no one branch of government or single official can unilaterally create laws. The legislative process allows for public involvement as bills move through committees, the Michigan House of Representatives and Senate and ultimately to the governor. Once signed into law, the Michigan Administrative Procedures Act (APA) then provides for the ways in which agencies can promulgate, including impact statements, public comment and review.
The COVID-19 pandemic triggered scenarios in which government at various levels exercised special emergency authorities. The governor initially attempted to use executive orders issued under several public acts that were ultimately found to be unconstitutional. However, state agencies were able to utilize authorities granted to them during a public health emergency to reissue many of those restrictions, including utilizing provisions in the Michigan APA to create special emergency rules valid for up to one year and not subject to the typical notice and review. Some agencies have also started establishing permanent rules related to COVID-19, many without specific sunsets related to virus spread or vaccination.
Contact: Ben Tirrell | (517) 652-9005
MFB Policy #68 Regulatory Reform and Reduction
MFB Policy #69 Streamlining Michigan Government
AFBF Policy #102 The Constitution (see 1 and 6)
AFBF Policy #104 Executive Branch
AFBF Policy #106 Judicial Branch
AFBF Policy #107 Legislative Branch
AFBF Policy #110 Regulatory Review and Reform (see 2)
MDHHS Epidemic Orders
MIOSHA Emergency Rules
MDARD Migrant Labor Housing Emergency Rules
Administrative Procedures Act of 1969 MCL 24.248
Michigan Occupational Safety and Health Act MCL 408.1069