Mich. Admin. Code R. 169.6 - Declaratory rulings
Rule 6.
(1) The
secretary of state, on written request of an interested person, may issue a
declaratory ruling as to the applicability of the act or these rules to an
actual statement of facts. An interested person is a person whose course of
action would be affected by the declaratory ruling. A brief or other reference
to legal authorities, upon which the person relies for determination of the
applicability of the act or of a rule to the statement of facts, may be
submitted with the request.
(2) If
the secretary of state decides to issue a declaratory ruling, the person
requesting it shall be furnished with a statement to that effect. The statement
shall set forth the time in which the ruling shall be issued.
(3) The secretary of state may refuse to
issue a declaratory ruling if the request is anonymous, or it is determined the
subject matter is frivolous on its face, indefinite, or lacks specificity. If
the secretary of state refuses to issue a declaratory ruling, the person making
the request, if known, shall be notified of the reason for the
refusal.
(4) A ruling shall include
the statement of facts, the legal authority, if any, and the rationale on which
the secretary of state relies for the ruling, and the determination.
Notes
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