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 Michigan Administrative Code (Last Updated: November 16, 2016)
 Department ED. Education
 Superintendent of Public Instruction
 Chapter Declaratory Rulings, Promulgation of Rules, and Information Requests

  Section 340.1352. Request for declaratory ruling.  

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  • (1) An interested person may request that the superintendent issue a declaratory ruling on how a statute that is administered by the department or a rule or order of the department applies to an actual state of facts.

    (2)      A request for a declaratory ruling shall be submitted to the Office of the Superintendent, Department of Education, P.O. Box 30008, Lansing, Michigan 48909. A request shall contain all of the following information:

    (a)   A clear and concise statement of the actual state of facts upon which a ruling will be based.

    (b)   A precise statement of the legal question or issue involved.

    (c)    The legal authority given to the department or the superintendent for administering the statute, rule, or order.

    (d)  The signature of the interested person making the request.

    (3)     In addition to the request, an interested person may submit a brief of, or other reference to, the legal authority upon which the person believes the declaratory ruling should be based.

    (4)   The superintendent may require that notice of the request be provided to any person known by the person making the request to have an interest in the matter.

    (5)   Not more than 60 days after receiving a request, the superintendent shall notify the person who made the request if it will be granted or denied.

    (6)   If the request is denied, the superintendent shall issue a concise written statement of the reasons for denial. The statement shall be sent by certified mail to the person who made the request.

    (7)   If a declaratory ruling is issued, the ruling shall include all of the following:

    (a)   The actual state of facts upon which the ruling is based.

    (b)   The conclusions of law and the legal authority upon which the superintendent relied for the ruling.

    (c)   The ruling made.

    (8)   The department shall maintain a compilation of declaratory rulings. Upon an oral or written request to the department, a person may inspect, copy, or receive a copy of a declaratory ruling.

History: 1981 AACS; 2016 MR 16, Eff. Aug. 18, 2016.