Mich. Admin. Code R. 14.211

Current through Vol. 24-10, June 15, 2024
Section R. 14.211 - Declaratory ruling

Rule 11.

(1) A person may request a declaratory ruling from the attorney general as specified in section 63 of Act No. 306 of the Public Acts of 1969, being S24.263 of the Michigan Compiled Laws, with respect to determining whether a course of action is in compliance with the act or these rules. The attorney general shall consider the requests and, where practical, make a declaratory ruling. A request for a declaratory ruling is inappropriate where:
(a) The same, or substantially the same, course of action is under investigation, or is, or has been, the subject of a current action, order, judgment, or decree initiated or obtained by the attorney general.
(b) The course of action, or its effects, may be such that an informed decision thereon cannot be made, or can be made only after extensive investigation, clinical study, testing, or collateral inquiry.
(2) A request for declaratory ruling shall be submitted in writing to the attorney general, and shall include full and complete information regarding the course of action. Citations of legal authority supporting the theory or position of the requester may accompany the request.
(3) A declaratory ruling given by the attorney general is without prejudice to the right of the attorney general to reconsider the questions involved, and, where the public interest requires, to prospectively change the ruling. Sixty days' notice of a prospective change in a declaratory ruling shall be given to the requester so that a person may discontinue a course of action taken in reliance upon the ruling.

Mich. Admin. Code R. 14.211

1979 AC